Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74045 

ethanol, or who wish to obtain a testing 

exemption. 

Title: Regulation of Fuels and Fuel 

Additives: Gasoline Volatility, 

Reporting Requirements for Parties 

Which Produce of Import Gasoline 

Containing Ethanol, and Reporting 

Requirements for Parties Seeking a 

Testing Exemption (40 CFR 80.27) . 

ICR numbers: EPA ICR No. 1367.09, 

OMB Control No. 2060–0178. 

ICR status: This ICR is currently 

scheduled to expire on May 31, 2011. 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Abstract: Gasoline volatility, as 

measured by Reid Vapor Pressure (RVP) 

in pounds per square inch (psi), is 

controlled in the spring and summer in 

order to minimize evaporative 

hydrocarbon emissions from motor 

vehicles. RVP is subject to a Federal 

standard of 7.8 psi or 9.0 psi, depending 

on location. The addition of ethanol to 

gasoline increases the RVP by about 1 

psi. Gasoline that contains 9 volume 

percent to 10 volume percent ethanol is 

subject to a standard that is 1.0 psi 

greater. As an aid to industry 

compliance and EPA enforcement, the 

product transfer document, which is 

prepared by the producer or importer 

and which accompanies a shipment of 

gasoline containing ethanol, is required 

by regulation to contain a legible and 

conspicuous statement that the gasoline 

contains ethanol and the percentage 

concentration of ethanol. This is 

intended to deter the mixing within the 

distribution system, particularly in 

retail storage tanks, of gasoline with 

ethanol in the 9 percent to 10 percent 

range with gasoline which does not 

contain ethanol in that range. Such 

mixing would likely result in a gasoline 

which is in violation of its RVP 

standard. Also, a party wishing a testing 

exemption for research on gasoline that 

is not in compliance with the applicable 

volatility standard must submit certain 

information to EPA. EPA has proposed 

additional PTD requirements for 

gasoline containing ethanol at 75 FR 

68044 (November 4, 2010). Those 

requirements will be addressed in a 

separate ICR. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 1 second per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 2,000. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 22,000. 

Estimated total annual burden hours: 

12,330. 

Estimated total annual costs: $1.4 

million. This includes an estimated 

burden cost of $1.4 million and an 

estimated cost of $20 for capital 

investment or maintenance and 

operational costs. 

Are there changes in the estimates from 

the last approval? 

There is a decrease of 1,667 hours in 

the total estimated annual respondent 

burden compared with that identified in 

the ICR currently approved by OMB. 

This decrease reflects EPA’s updating of 

burden estimates. The decrease is due to 

an increase in the use of computergenerated product transfer documents. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: November 23, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2010–30100 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–SFUND–2010–0894; FRL–9233–7] 

Guidance on Planning, Implementing, 

Maintaining, and Enforcing 

Institutional Controls at Contaminated 

Sites 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: EPA is interested in soliciting 

individual stakeholder input regarding 

the issues addressed in the EPA interim 

final guidance, titled Institutional 

Controls: A Guide to Planning, 

Implementing, Maintaining, and 

Enforcing Institutional Controls at 

Contaminated Sites. The Agency will 

consider the information gathered from 

this notice and other sources before 

finalizing this guidance. 

DATES: Comments must be received on 

or before January 14, 2011, 45 days after 

publication in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2010–0894 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: superfund.docket@epa.gov 

• Fax: (202) 566–9744 

• Mail: U.S. Environmental 

Protection Agency; EPA Docket Center, 

Superfund Docket, Mail Code 28221T; 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460 

• Hand Delivery: EPA Docket 

Center—Public Reading Room; EPA 

West Building, Room 3334; 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2010– 

0894. EPA’s 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 


jdjones on DSK8KYBLC1PROD with NOTICES
74046 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

personal information provided, unless 

the comment includes information 

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 

superfund.docket@epa.gov. The http:// 

www.regulations.gov website 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, 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/epahome/dockets.htm. 

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 at 

the EPA Docket Center—Public Reading 

Room, EPA/DC, EPA West, Room 3334; 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Superfund docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Chip Love, phone: (703) 603–0695, email: love.chip@epa.gov, Construction 

and Post Construction Management 

Branch, Assessment and Remediation 

Division, Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204P), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: EPA’s 

interim final guidance on Institutional 

Controls: A Guide to Planning, 

Implementing, Maintaining, and 

Enforcing Institutional Controls at 

Contaminated Sites addresses some of 

the common issues that may be 

encountered during the cleanup process 

and provides recommendations on how 

ICs can complement other response 

actions (such as engineered response 

action components) at a site. This 

interim final guidance also provides an 

overview of EPA’s policy regarding the 

roles and responsibilities of the parties 

involved in the various aspects of 

planning, implementing, maintaining, 

and enforcing institutional controls. The 

guidance is available at http:// 

www.regulations.gov. This guidance 

does not represent a regulation, and is 

not subject to the formal provisions of 

the Administrative Procedures Act. 

However, EPA recognizes the potential 

importance of this guidance to its 

Federal, state, local, and tribal partners, 

to the regulated community, and to the 

public, and therefore through this 

Federal Register notice seeks public 

input on the topics addressed in this 

interim final guidance and its 

implementation. This public input 

opportunity will be available until 

January 14, 2011. 

EPA intends to evaluate whether any 

changes to the interim final guidance 

are appropriate and expects to issue a 

final version of this guidance. For 

purposes of this Federal Register notice, 

EPA in particular seeks input on the 

following: 

• Are there ways EPA can better 

evaluate the capacity, willingness, and 

financial assurance of state, tribal and 

local governments to assist with ICs and 

engineering controls when such controls 

are necessary at a site? 

• What potential barriers exist with 

respect to state, local, and tribal 

government involvement with ICs and 

what tools or possible solutions could 

EPA promote to improve the awareness 

of and involvement in IC activities? 

• How can site managers better 

engage and involve affected community 

stakeholders and local land use 

decision-makers concerning ICs that 

may be needed and relied upon to 

complement other response actions (i.e., 

engineered response action 

components) at cleanup sites? 

• How can information concerning 

ICs and the underlying land and/or 

resource use restrictions be made more 

available to local land use decisionmakers? 

• How can EPA better identify and 

account for the full life cycle costs of 

ICs? 

EPA intends to accept input on the 

interim final guidance until January 14, 

2011. EPA also intends to fully consider 

all public input in evaluating whether 

changes to the interim final guidance 

are appropriate, and to issue a final 

version of this guidance. 

Dated: November 23, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2010–30111 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9234–1] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Consent 

Decree; Request for Public Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by 

WildEarth Guardians: WildEarth 

Guardians v. Jackson, Civil Action No. 

1:10–cv–01672–RPM (D. CO). On or 

about July 14, 2010, WildEarth 

Guardians filed a complaint alleging 

that EPA Administrator Jackson failed to 

fulfill a mandatory duty to respond to 

an administrative petition to object to 

issuance of air permit No. 96OPMR129 

to the Public Service Company of 

Colorado doing business as Xcel Energy 

to operate the Pawnee coal-fired power 

plant in Morgan County, Colorado (the 

‘‘Pawnee Petition’’) within the 60 days 

specified in section 505(b)(2) of the 

Clean Air Act and asking the court to 

enter judgment: (i) Declaring that EPA 

has violated the Clean Air Act by failing 

to grant or deny the administrative 

petition; and, (ii) Ordering EPA to grant 

or deny the administrative petition in 

accordance with an expeditious 

schedule prescribed by the Court. On 

September 1, 2010, WildEarth 

Guardians filed a first amended 

complaint alleging that EPA 

Administrator Jackson failed to fulfill a 

mandatory duty to respond to 

administrative petitions to object to the 

issuance of air permit No. 96OPAD137 

to Xcel Energy to operate the Cherokee 


jdjones on DSK8KYBLC1PROD with NOTICES