45378 Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2006–1013; FRL–8447–2] 

Approval and Promulgation of Air 

Quality Implementation Plan; Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this action EPA is 

approving numerous revisions to the 

State of Alaska State Implementation 

Plan (SIP). The Commissioner of the 

Alaska Department of Environmental 

Conservation (ADEC) submitted two 

requests to EPA dated May 6, 2005 and 

June 30, 2006 to revise the Alaska SIP 

to include certain sections of ADEC’s 

revised air quality regulations. The 

revisions were submitted in accordance 

with the requirements of section 110 of 

the Clean Air Act (hereinafter the Act or 

CAA). Although EPA is approving most 

of the submitted revisions, EPA is not 

approving in this rulemaking a number 

of submitted rule provisions which are 

inappropriate for EPA approval. 

DATES: This final rule is effective on 

September 13, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

#R10–OAR–2006–1013. All documents 

in the docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, e.g. 

confidential business information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Seattle, WA. EPA requests that if 

possible you contact the contact listed 

in the FOR FURTHER INFORMATION

CONTACT section, to schedule an 

appointment. Region 10 official 

business hours are 8:30 a.m. to 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Bray, Office of Air, Waste and 

Toxics (AWT–107), EPA Region 10, 

1200 Sixth Avenue, Seattle, WA 98101; 

telephone number: (206) 553–4253; fax 

number: (206) 553–0110; e-mail address: 

bray.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background of Submittal 

II. Response to Comments 

III. Final Action 

A. Provisions Approved by EPA and 

Incorporated by Reference 

B. Provisions Approved by EPA into the 

SIP, But Not Incorporated by Reference 

C. Provisions Not Approved by EPA 

D. Provisions Removed from the SIP 

IV. Geographic Scope of SIP Approval 

V. Statutory and Executive Order Reviews 

I. Background of Submittal 

On Monday February 5, 2007, EPA 

solicited public comment on a proposal 

to approve for inclusion in the Alaska 

SIP numerous revisions to the State of 

Alaska Implementation Plan. EPA also 

proposed not to approve into the SIP a 

number of submitted rule provisions 

which are inappropriate for EPA 

approval. A detailed description of our 

action was published in the Federal 

Register on February 5, 2007. The 

reader is referred to the proposed 

rulemaking (72 FR 5232, February 5, 

2007) for details. 

II. Response to Comments 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published in 

the February 5, 2007, Federal Register. 

No adverse comments were received on 

the proposed rulemaking. EPA did 

receive one letter during the public 

comment period from the Alaska Oil 

and Gas Association (AOGA). The letter 

noted that EPA had proposed not to 

approve the version of Alaska’s excess 

emission rule, 18 AAC 50.240, as 

amended by ADEC in 2004. The letter 

further stated that AOGA had no 

comment on EPA’s proposal not to 

approve the 2004 version of 18 AAC 

50.240 based on the understanding that 

EPA’s action did not affect the SIPapproved status of the version of 18 

AAC 50.240 adopted by ADEC in 1997 

and approved into the SIP by EPA in 

1999. EPA confirms that our decision 

not to approve the 2004 amendments to 

18 AAC 50.240 does not affect the 

approval status of the 1997 version of 

that regulation. 

III. Final Action 

A. Provisions Approved by EPA and 

Incorporated by Reference 

EPA is taking final action to approve 

as part of the Alaska SIP the following 

new and revised sections of Alaska’s 

regulations submitted May 6, 2005 and 

June 30, 2006: 

18 AAC 50.080 Ice Fog Standards, 

State effective January 18, 1997; 

18 AAC 50.025 Visibility and Other 

Special Protection Areas; and 18 AAC 

50.070 Marine Vessel Visible Emission 

Standards, State effective June 21, 1998; 

18 AAC 50.050 Incinerator Emission 

Standards, State effective May 3, 2002; 

18 AAC 50.005 Purpose of Chapter; 18 

AAC 50.010 Ambient Air Quality 

Standards [except (7) and (8)]; 18 AAC 

50.015 Air Quality Designations, 

Classifications, and Control Regions; 18 

AAC 50.020 Baseline Dates and 

Maximum Allowable Increases, 18 AAC 

50.045 Prohibitions; 18 AAC 50.055 

Industrial Processes and Fuel-Burning 

Equipment [except (d)(2)(B)]; 18 AAC 

50.100 Nonroad Engines; 18 AAC 

50.200 Information Requests; 18 AAC 

50.201 Ambient Air Quality 

Investigation; 18 AAC 50.205 

Certification; 18 AAC 50.215 Ambient 

Air Quality Analysis Methods [except 

(a)(3)]; 18 AAC 50.220 Enforceable Test 

Methods [except (c)(2)]; 18 AAC 50.245 

Air Episodes and Advisories; 18 AAC 

50.250 Procedures and Criteria for 

Revising Air Quality Classifications; 18 

AAC 50.301 Permit Continuity; 18 AAC 

50.302 Construction Permits; 18 AAC 

50.306 Prevention of Significant 

Deterioration (PSD) Permits [except 

(b)(2) and (b)(3)]; 18 AAC 50.311 

Nonattainment Area Major Stationary 

Source Permits; 18 AAC 50.345 

Construction and Operating Permits: 

Standard Permit Conditions [except (b), 

(c)(3), and (l)]; 18 AAC 50.508 Minor 

Permits Requested by the Owner or 

Operator [except (1) and (2)]; 18 AAC 

50.546 Minor Permits: Revisions [except 

(b)]; 18 AAC 50.560 General Minor 

Permits; and 18 AAC 50.900 Small 

Business, State effective October 1, 

2004; 

18 AAC 50.542 Minor Permit: Review 

and Issuance [except (b)(2), (f)(4), (f)(5), 

and (g)(1) but only with respect to clean 

units and pollution control projects], 

State effective December 1, 2004; 

18 AAC 50.225 Owner-Requested 

Limits; 18 AAC 50.230 Preapproved 

Emission Limits [except (d)]; and 18 

AAC 50.544 Minor Permits: Content 

[except (e)], State effective January 29, 

2005; 

18 AAC 50.035 Documents, 

Procedures, and Methods Adopted By 

Reference [except (b)(4)]; 18 AAC 50.040 

Federal Standards Adopted by 

Reference [except (a), (b), (c), (d), (e), (g), 

(h)(17), (h)(18), (h)(19), (i)(7), (i)(8), 

(i)(9), and (j)]; 18 AAC 50.502 Minor 

Permits for Air Quality Protection 

[except (g)(1) and (g)(2)]; 18 AAC 50.540 

Minor Permit: Application [except (f) 


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and (g)]; and 18 AAC 50.990 Definitions 

[except (21), and (77)], State effective 

December 3, 2005. 

B. Provisions Approved by EPA Into the 

SIP, But Not Incorporated by Reference 

EPA is also approving the following 

new and revised section as part of the 

SIP, but is not incorporating it by 

reference into Federal law because it 

does not regulate air emissions, but 

rather, describes general authorities 

such as procedural and enforcement 

authorities: 18 AAC 50.030 State Air 

Quality Control Plan, State effective 

October 1, 2004. 

C. Provisions Not Approved by EPA 

EPA is not approving in this 

rulemaking the following sections of 

Alaska’s regulations submitted May 6, 

2005 and June 30, 2006 which are 

inappropriate for EPA approval: 

18 AAC 50.010(7) and (8); 18 AAC 

50.055(d)(2)(B); 18 AAC 50.215(a)(3); 18 

AAC 50.220(c)(2); 18 AAC 50.240; 18 

AAC 50.306(b)(2) and (b)(3); 18 AAC 

50.345(b), (c)(3) and (l); 18 AAC 

50.346(a); 18 AAC 50.508(1) and (2); 18 

AAC 50.509; and 18 AAC 50.546(b), 

State effective October 1, 2004; 

18 AAC 50.316; and 18 AAC 

50.542(b)(2), (f)(4), (f)(5), and, with 

respect to the reference to clean units 

and pollution control projects only, 

(g)(1), State effective December 1, 2004; 

18 AAC 50.544(e), State effective 

January 29, 2005; 

18 AAC 50.035(b)(4); 18 AAC 

50.040(a), (b), (c), (d), (e), (g), (h)(17), 

(h)(18), (h)(19), (i)(7), (i)(8), (i)(9) and (j); 

18 AAC 50.502(g)(1) and (g)(2); 18 AAC 

50.540(f) and (g); and 18 AAC 

50.990(21) and (77), State effective 

December 3, 2005. 

D. Provisions Removed From the SIP 

EPA is approving removal of the 

following provisions from the Alaska 

SIP because they have been previously 

repealed by ADEC, have been replaced 

by more recent versions of the ADEC’s 

regulations, or because they are not 

required elements of a SIP under title I 

of the CAA: 18 AAC 50.030 State Air 

Quality Control Plan, State effective 

September 21, 2001; 18 AAC 

50.035(b)(4) Documents, Procedures and 

Methods Adopted by Reference, State 

Effective January 18, 1997; 18 AAC 

50.090 Ice Fog Limitations, State 

effective May 26, 1972; 18 AAC 

50.220(c)(2) Enforceable Test Methods, 

State effective January 18, 1997; 18 AAC 

50.300 Permit to Operate and 18 AAC 

50.400 Application Review & Issuance 

of Permit to Operate, State effective July 

21, 1991 and April 23, 1994; 18 AAC 

50.520 Emissions and Ambient 

Monitoring, State effective July 21, 

1991; 18 AAC 50.530 Circumvention, 

State effective June 7, 1987; 18 AAC 

50.310 Revocation or Suspension of 

Permit, State effective May 4, 1980; 18 

AAC 50.400 Permit Administration 

Fees, 18 AAC 50.420 Billing Procedures, 

and 18 AAC 50.430 Appeal Procedures, 

State effective January 18, 1997; 18 AAC 

50.600 Reclassification Procedures & 

Criteria, State effective November 1, 

1982; 18 AAC 50.620 State Air Quality 

Control Plan, State effective January 4, 

1995; and 18 AAC 50.900 Definitions, 

State effective July 21, 1991 and January 

4, 1995. 

IV. Geographic Scope of SIP Approval 

The SIP approval does not extend to 

sources or activities located in Indian 

Country, as defined in 18 U.S.C. 1151. 

EPA will continue to implement the 

CAA in Indian Country in Alaska 

because ADEC has not adequately 

demonstrate authority over sources and 

activities located within the exterior 

boundaries of the Annette Island 

Reserve and other areas of Indian 

Country in Alaska. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 A, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a major rule as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 


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45380 Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations 

appropriate circuit by October 15, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 19, 2007. 

Elin D. Miller, 

Regional Administrator, Region 10. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—Alaska 

■ 2. Section 52.70 is amended by adding 

paragraph (c)(36) to read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

(36) On May 6, 2005 and June 30, 

2006, the Alaska Department of 

Environmental Conservation (ADEC) 

submitted amendments to ADEC’s air 

quality regulations, as revision to the 

State of Alaska Implementation Plan. 

(i) Incorporation by reference. 

(A) The following new and revised 

sections of ADEC’s air quality 

regulations: 

(1) 18 AAC 50.080 Ice Fog Standards; 

State effective January 18, 1997. 

(2) 18 AAC 50.025 Visibility and 

Other Special Protection Areas; 18 AAC 

50.070 Marine Vessel Visible Emission 

Standards. All provisions in this 

paragraph are State effective June 21, 

1998. 

(3) 18 AAC 50.050 Incinerator 

Emission Standards; State effective May 

3, 2002. 

(4) 18 AAC 50.005 Purpose of 

Chapter; 18 AAC 50.010 Ambient Air 

Quality Standards [except (7) and (8)]; 

18 AAC 50.015 Air Quality 

Designations, Classifications, and 

Control Regions; 18 AAC 50.020 

Baseline Dates and Maximum Allowable 

Increases, 18 AAC 50.045 Prohibitions; 

18 AAC 50.055 Industrial Processes and 

Fuel-Burning Equipment [except 

(d)(2)(B)]; 18 AAC 50.100 Nonroad 

Engines; 18 AAC 50.200 Information 

Requests; 18 AAC 50.201 Ambient Air 

Quality Investigation; 18 AAC 50.205 

Certification; 18 AAC 50.215 Ambient 

Air Quality Analysis Methods [except 

(a)(3)]; 18 AAC 50.220 Enforceable Test 

Methods [except (c)(2)]; 18 AAC 50.245 

Air Episodes and Advisories; 18 AAC 

50.250 Procedures and Criteria for 

Revising Air Quality Classifications; 18 

AAC 50.301 Permit Continuity; 18 AAC 

50.302 Construction Permits; 18 AAC 

50.306 Prevention of Significant 

Deterioration (PSD) Permits [except 

(b)(2) and (b)(3)]; 18 AAC 50.311 

Nonattainment Area Major Stationary 

Source Permits; 18 AAC 50.345 

Construction and Operating Permits: 

Standard Permit Conditions [except (b), 

(c)(3), and (l)]; 18 AAC 50.508 Minor 

Permits Requested by the Owner or 

Operator [except (1) and (2)]; 18 AAC 

50.546 Minor Permits: Revisions [except 

(b)]; 18 AAC 50.560 General Minor 

Permits; 18 AAC 50.900 Small Business. 

All provisions in this paragraph are 

State effective October 1, 2004. 

(5) 18 AAC 50.542 Minor Permit: 

Review and Issuance [except (b)(2), 

(f)(4), (f)(5), and (g)(1) but only with 

respect to clean units and pollution 

control projects]; State effective 

December 1, 2004. 

(6) 18 AAC 50.225 Owner-Requested 

Limits; 18 AAC 50.230 Preapproved 

Emission Limits [except (d)]; 18 AAC 

50.544 Minor Permits: Content [except 

(e)]. All provisions in this paragraph are 

State effective January 29, 2005. 

(7) 18 AAC 50.035 Documents, 

Procedures, and Methods Adopted By 

Reference [except (b)(4)]; 18 AAC 50.040 

Federal Standards Adopted by 

Reference [except (a), (b), (c), (d), (e), (g), 

(h)(17), (h)(18), (h)(19), (i)(7), (i)(8), 

(i)(9), and (j)]; 18 AAC 50.502 Minor 

Permits for Air Quality Protection 

[except (g)(1) and (g)(2)]; 18 AAC 50.540 

Minor Permit: Application [except (f) 

and (g)];18 AAC 50.990 Definitions 

[except (21), and (77)]. All provisions in 

this paragraph are State effective 

December 3, 2005. 

(B) Remove the following provisions 

from the current incorporation by 

reference: 

(1) 18 AAC 50.030 State Air Quality 

Control Plan; State effective September 

21, 2001. 

(2) 18 AAC 50.035 (b)(4) Documents, 

Procedures and Methods Adopted by 

Reference; State Effective January 18, 

1997. 

(3) 18 AAC 50.090 Ice Fog 

Limitations; State effective May 26, 

1972. 

(4) 18 AAC 50.220(c)(2) Enforceable 

Test Methods; State effective January 18, 

1997. 

(5) 18 AAC 50.300 Permit to Operate 

and 18 AAC 50.400 Application Review 

& Issuance of Permit to Operate. The 

provisions in this paragraph were State 

effective July 21, 1991 and April 23, 

1994. 

(6) 18 AAC 50.520 Emissions and 

Ambient Monitoring; State effective July 

21, 1991. 

(7) 18 AAC 50.530 Circumvention; 

State effective June 7, 1987. 

(8) 18 AAC 50.310 Revocation or 

Suspension of Permit; State effective 

May 4, 1980. 

(9) 18 AAC 50.400 Permit 

Administration Fees; 18 AAC 50.420 

Billing Procedures; and 18 AAC 50.430 

Appeal Procedures. The provisions of 

this paragraph were State effective 

January 18, 1997. 

(10) 18 AAC 50.600 Reclassification 

Procedures & Criteria; State effective 

November 1, 1982. 

(11) 18 AAC 50.620 State Air Quality 

Control Plan; State effective January 4, 

1995. 

(12) 18 AAC 50.900 Definitions; State 

effective July 21, 1991 and January 4, 

1995. 

(ii) Additional Material. 

(A) The following section of ADEC’s 

air quality regulations: 18 AAC 50.030 

State Air Quality Control Plan, State 

effective October 1, 2004. 

§ 52.75 [Reserved] 

■ 3. Section 52.75 is removed and 

reserved. 

■ 4. Section 52.96 is revised to read as 

follows: 

§ 52.96 Significant deterioration of air 

quality. 

(a) The State of Alaska Department of 

Environmental Conservation Air Quality 

Control Regulations as in effect on 

December 3, 2005 (specifically 18 AAC 

50.010 except (7) and (8); 50.015; 

50.020; 50.030(6) and (7); 50.035(a)(4) 

and (5); 50.040(h) except (17), (18), and 

(19); 50.215 except (a)(3); 50.250; 50.306 

except (b)(2) and (b)(3); 50.345 except 

(b), (c)(3) and (l); and 50.990 except (21) 

and (77)) are approved as meeting the 

requirements of part C for preventing 

significant deterioration of air quality. 

(b) The requirements of sections 160 

through 165 of the Clean Air Act are not 

met for Indian reservations since the 

plan does not include approvable 

provisions for preventing the significant 

deterioration of air quality on Indian 

reservations and, therefore, the 


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provisions of § 52.21 except paragraph 

(a)(1) are hereby incorporated and made 

part of the applicable plan for Indian 

reservations in the State of Alaska. 

[FR Doc. E7–15669 Filed 8–13–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–8454–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List Update 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of deletion of 

the Bailey Waste Disposal Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final notice of deletion of the 

Bailey Waste Disposal Superfund Site 

(Site), located near Bridge City, Texas, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

Section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

appendix B of 40 CFR Part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the State of Texas, through the Texas 

Commission on Environmental Quality 

(TCEQ), because EPA has determined 

that all appropriate response actions 

under CERCLA have been completed 

and, therefore, further remedial action 

pursuant to CERCLA is not appropriate. 

DATES: This direct final notice of 

deletion will be effective October 15, 

2007 unless EPA receives adverse 

comments by September 13, 2007. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final notice of deletion in the 

Federal Register informing the public 

that the deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1986–0005, by one of the 

following methods: 

http://www.regulations.gov (Follow 

the on-line instructions for submitting 

comments). 

E-mail: walters.donn@epa.gov. 

Fax: 214–665–6660. 

Mail: Donn Walters, Community 

Involvement, U.S. EPA Region 6 (6SF–

TS), 1445 Ross Avenue, Dallas, TX 

75202–2733, (214) 665–6483 or 1–800–

533–3508. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1986–

0005. EPA policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information, 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will automatically be captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the information repositories. 

Information Repositories: 

Comprehensive information about the 

Site is available for viewing and copying 

during central standard time at the Site 

information repositories located at: U.S. 

EPA Online Library System at http:// 

www.epa.gov/natlibra/ols.htm; U.S. 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733, (214) 

665–6617, by appointment only Monday 

through Friday 9 a.m. to 12 p.m. and 1 

p.m. to 4 p.m.; Marion and Ed Hughes 

Public Library, 2712 Nederland Avenue, 

Nederland, Texas 77627, (409) 722–

1255, Monday 1 p.m. to 9 p.m., Tuesday 

through Friday 10 a.m. to 6 p.m. and 

closed Saturday–Sunday; City of Orange 

Public Library, 220 N. 5th Street, 

Orange, Texas 77630, (409) 883–1086, 

Saturday and Monday 10 am to 2 p.m., 

Tuesday 12 p.m. to 8 p.m., Wednesday 

through Friday 10 a.m. to 5 p.m. and 

closed Sunday; Texas Commission on 

Environmental Quality (TCEQ), Central 

File Room Customer Service Center, 

Building E, 12100 Park 35 Circle, 

Austin, Texas 78753, (512) 239–2900, 

Monday through Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Scott Harris, PhD, Remedial Project 

Manager (RPM), U.S. EPA Region 6 

(6SF–RA), 1445 Ross Avenue, Dallas, 

TX 75202–2733, (214) 665–7114 or 1–

800–533–3508 or harris.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

The EPA Region 6 office is publishing 

this direct final notice of deletion of the 

Bailey Waste Disposal Superfund Site 

from the NPL. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and 

maintains the NPL as the list of those 

sites. As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for remedial actions if 

conditions at a deleted site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This action 

will be effective October 15, 2007 unless 

EPA receives adverse comments by 

September 13, 2007 on this document. 

If adverse comments are received within 

the 30-day public comment period on 

this document, EPA will publish a 

timely withdrawal of this direct final 

notice of deletion before the effective 

date of the deletion, and the deletion 

will not take effect. The EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 


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