Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45583 

concentration of TP and TN derived 

from application of BATHTUB. The 

resulting criteria using BATHTUB could 

be either more or less stringent than the 

criteria derived using Vollenweider, 

depending on site-specific lake factors. 

EPA believes BATHTUB may be more 

appropriate for downstream protection 

value calculations than Vollenweider 

because BATHTUB has the capability to 

represent a greater number of sitespecific variables, which may influence 

nutrient responses. In addition, 

BATHTUB can estimate TN 

concentrations. As noted above, a 

number of commenters observed that a 

limitation in EPA’s original proposal 

was that it only addressed TP. 

EPA is also considering additional 

rule language that would specifically 

authorize FDEP or EPA to use a model 

other than BATHTUB when either 

determines that it would be appropriate 

to use another scientifically defensible 

technical model or approach that 

demonstrates protection of downstream 

lakes. While BATHTUB is a peer 

reviewed and versatile model, there are 

other models that, when appropriately 

calibrated and applied, can offer 

additional capability to address more 

complex situations and address an even 

greater degree of site-specificity. 

One example of an alternative model 

that FDEP or EPA might consider using 

for particularly complex site-specific 

conditions is the Water Quality Analysis 

Simulation Program (WASP) model. 

This model allows users to conduct 

detailed simulations of water quality 

responses to natural and manmade 

pollutant inputs. WASP is a dynamic 

compartment-modeling program for 

aquatic systems, including both the 

water column and the underlying 

benthos. WASP allows the user to 

simulate systems in 1, 2, or 3 

dimensions, and a variety of pollutant 

types. The model can represent time 

varying processes of advection, 

dispersion, point and diffuse mass 

loading, and boundary exchange. WASP 

also can be linked with hydrodynamic 

and sediment transport models that can 

provide flows, depths, velocities, 

temperature, salinity and sediment 

fluxes. Additional technical information 

may be found at http://www.epa.gov/ 

athens/wwqtsc/html/wasp.html. 

EPA is considering recommending 

BATHTUB as the method for calculating 

the TN and TP downstream protective 

values in streams that flow into lakes 

because of its ability to incorporate sitespecific factors in estimates, its use of 

data that may be readily available, and 

its ease of use and rapid processing 

time. BATHTUB has been used to model 

nutrients in lakes and reservoirs 

throughout the United States. 

BATHTUB allows for greater sitespecificity than the Vollenweider 

approach, and input of more local 

information to calculate concentrations 

of both nitrogen and phosphorus in 

streams that assure downstream 

protection of lakes. In certain 

circumstances, a more complex model 

such as WASP may be appropriate, and 

EPA is considering and requesting 

comment on adding specific provisions 

to allow either the Agency or FDEP to 

use an alternative model such as WASP 

where greater spatial or temporal detail 

in model output is called for, or where 

water quality considerations that fall 

outside the scope of BATHTUB are to be 

explicitly considered. 

EPA is also requesting comment on 

including a provision in this section of 

the rule that would provide that if data 

are not readily available to derive a TN 

or TP downstream protection value 

using BATHTUB or another 

scientifically defensible model, the lake 

criteria values for TN and TP would be 

used as the downstream protection 

values where they are more stringent 

than the instream values. EPA believes 

that this approach is protective because 

the allowable concentration of nutrients 

entering the lake would be equal to 

criteria that are protective of the lake 

water itself; however, this approach may 

result in the application of more 

stringent criteria in the streams entering 

the lake than would be calculated using 

BATHTUB or another scientifically 

defensible model if site-specific data 

were available. 

EPA is soliciting comment on the 

approaches to protect downstream lakes 

described in this supplemental notice. 

EPA will evaluate all data and 

information submitted by the close of 

the public comment period for this 

supplemental notice with regard to 

nutrient criteria to protect downstream 

lakes in Florida. 

Dated: July 29, 2010. 

Peter S. Silva, 

Assistant Administrator for Water. 

[FR Doc. 2010–19140 Filed 7–30–10; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R02–RCRA–2010–0249; FRL–9178–7] 

New York: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to revise 

the codification of New York’s 

authorized hazardous waste program 

which is set forth in the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs’’, New 

York’s authorized hazardous waste 

program. EPA will incorporate by 

reference into the Code of Federal 

Regulations (CFR) those provisions of 

the State regulations that are authorized 

and that EPA will enforce under the 

Solid Waste Disposal Act, as amended 

and commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA). 

DATES: Send your written comments by 

September 2, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

RCRA–2010–0249, by one of the 

following methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

Æ E-mail: infurna.michael@epa.gov. 

Æ Fax: (212) 637–4437. 

Æ Mail: Send written comments to 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. 

Æ Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

Division of Environmental Planning and 

Protection, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–RCRA–2010– 

0249. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 


erowe on DSK5CLS3C1PROD with PROPOSALS3
45584 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

Federal 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 be 

automatically 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 or any form 

of encryption, and be free of any defects 

or viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets/). 

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 whose disclosure 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 in http:// 

www.regulations.gov or in hard copy. 

You can view and copy the records 

related to this codification effort in the 

EPA Region 2 Library by appointment 

only. To make an appointment please 

call (212) 637–3185. 

FOR FURTHER INFORMATION CONTACT: 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA Region 2, 290 Broadway, 22nd 

floor, New York, NY 10007; telephone 

number (212) 637–4177; fax number: 

(212) 637–4377; e-mail address: 

infurna.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is codifying 

and incorporating by reference the 

State’s hazardous waste program as a 

direct final rule. EPA did not make a 

proposal prior to the direct final rule 

because we believe these actions are not 

controversial and do not expect 

comments that oppose them. We have 

explained the reasons for this 

codification and incorporation by 

reference in the preamble to the direct 

final rule. Unless we get written 

comments which oppose this 

incorporation by reference during the 

comment period, the direct final rule 

will become effective on the date 

indicated, and we will not take further 

action on this proposal. If we get 

comments that oppose these actions, we 

will withdraw the direct final rule and 

it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

For additional information, please see 

the direct final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: April 27, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–18928 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 170 

Planning and Establishment of StateLevel Exchanges; Request for 

Comments Regarding ExchangeRelated Provisions in Title I of the 

Patient Protection and Affordable Care 

Act 

AGENCY: Office of Consumer Information 

and Insurance Oversight, Department of 

Health and Human Services. 

ACTION: Request for comments. 

SUMMARY: This document is a request for 

comments regarding the Exchangerelated provisions of the Patient 

Protection and Affordable Care Act (the 

Affordable Care Act), enacted on March 

23, 2010. The Department of Health and 

Human Services (HHS) invites public 

comments in advance of future 

rulemaking and grant solicitations. 

DATES: Submit written or electronic 

comments by October 4, 2010. 

ADDRESSES: In commenting, please refer 

to file code OCIIO–9989–NC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

• Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the instructions under the ‘‘More Search 

Options’’ tab. 

• By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

OCIIO–9989–NC, P.O. Box 8010, 

Baltimore, MD 21244–8010. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

• By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: OCIIO–9989–NC, 

Mail Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

• By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

9994 in advance to schedule your 

arrival with one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Donna Laverdiere, Office of Consumer 

Information and Insurance Oversight, 

Department of Health and Human 

Services, at (301) 492–4100. 


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