38184 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

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: July 23, 2009. 

Suzanne E. Schwartz, 

Acting Director, Office of Wetlands, Oceans, 

and Watersheds. 

[FR Doc. E9–18391 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8938–1] 

Agreement and Covenant Not To Sue 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice and request for public 

comment. 

SUMMARY: As required by the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, 42 U.S.C. 9601, et seq., as 

amended (‘‘CERCLA’’), notice is hereby 

given that an Agreement and Covenant 

Not to Sue (‘‘Agreement’’) is proposed 

by the United States, on behalf of the 

Environmental Protection Agency 

(‘‘EPA’’), and the Redevelopment 

Agency of Salt Lake City (‘‘Settling 

Respondent’’) for a portion of the Utah 

Power and Light/American Barrel 

Superfund Site located in Salt Lake 

County, Utah (‘‘Site’’) which Settling 

Respondent is proposing to purchase 

(‘‘the Property’’). 

The Site was listed on the National 

Priorities List in 1989. Historical 

operations on the Site, including a coal 

gasification plant, pole treating 

(creosote), railroad operations, and 

industrial barrel reclamation and storage 

resulted in the release of various types 

of hazardous substances into Site soils 

and shallow groundwater. 

During the 1990s, Utah Power and 

Light Company (‘‘UP&L’’) undertook 

certain response actions at the Site, 

including the Property, in order to 

implement the Record of Decision 

issued by EPA for the Site. Specific 

response actions undertaken by UP&L 

associated with the Property included 

excavation, and removal of soils 

impacted by organic compounds (tar) 

and lead down to a depth of 15 feet. 

Construction completion was achieved 

in 1996 for the Site. EPA has conducted 

two five-year reviews in 2001 and 2006. 

The response action for the Site was and 

continues to be protective of human 

health and the environment. Active 

groundwater remediation efforts (soil 

vapor extraction) have been completed 

and shallow groundwater contamination 

is currently being addressed through 

monitored natural attenuation. 

This Agreement requires the Settling 

Respondent to place an environmental 

covenant with use and activity 

restrictions on the Property and to pay 

the United States $30,000 for future 

oversight of the environmental 

covenant. In addition, the Settling 

Respondent will seek, to the maximum 

extent practicable, to have future 

developers incorporate the 

Environmentally Responsible 

Redevelopment and Reuse (‘‘ER3’’) 

components listed in Appendix D of the 

Agreement in future development of the 

Property. 

DATES: Comments should be received by 

August 31, 2009. The Agency will 

consider all comments received on the 

proposed Agreement and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper or 

inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the EPA 

Superfund Record Center, 1595 

Wynkoop Street, 3rd Floor, in Denver, 

Colorado. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at the EPA 

Superfund Records Center, 1595 

Wynkoop Street, 3rd Floor, in Denver, 

Colorado. Comments and requests for a 

copy of the proposed settlement should 

be addressed to Sharon Abendschan, 

Enforcement Specialist (8ENF–RC), 

Technical Enforcement Program, U.S. 

Environmental Protection Agency, 1595 

Wynkoop Street, Denver, Colorado, 

80202–2466, (303) 312–6957, and 

should reference the Utah Power and 

Light proposed Agreement. 

FOR FURTHER INFORMATION CONTACT: 

Richard Sisk, Legal Enforcement 

Attorney (ENF–L), Legal Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkoop Street, Denver, 

Colorado 80202–2466, (303) 312–6638. 

It is so agreed: 

Dated: July 22, 2009. 

Eddie A. Sierra, 

Acting Assistant Regional Administrator, 

Office of Enforcement, Compliance and 

Environmental Justice, Region 8. 

[FR Doc. E9–18392 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8934–6] 

Office of Research and Development; 

Ambient Air Monitoring Reference and 

Equivalent Methods: Designation of 

One New Reference Method and Two 

New Equivalent Methods 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of the designation of one 

new reference method and two new 

equivalent methods for monitoring 

ambient air quality. 

SUMMARY: Notice is hereby given that 

the Environmental Protection Agency 

(EPA) has designated, in accordance 

with 40 CFR Part 53, one new reference 

method for measuring concentrations of 

oxides of nitrogen (NOX) in the ambient 

air and two new equivalent methods, 

one for measuring concentrations of 

ozone (O3) in the ambient air and one 

for measuring concentrations of sulfur 

dioxide (SO2) in the ambient air. 

FOR FURTHER INFORMATION CONTACT: 

Surender Kaushik, Human Exposure 

and Atmospheric Sciences Division 

(MD–D205–03), National Exposure 

Research Laboratory, U.S. EPA, 

Research Triangle Park, North Carolina 

27711. Phone: (919) 541–5691, e-mail: 

Kaushik.Surender@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with regulations at 40 CFR 

Part 53, the EPA evaluates various 

methods for monitoring the 

concentrations of those ambient air 

pollutants for which EPA has 

established National Ambient Air 

Quality Standards (NAAQSs) as set 

forth in 40 CFR Part 50. Monitoring 

methods that are determined to meet 

specific requirements for adequacy are 

designated by the EPA as either 

reference methods or equivalent 

methods (as applicable), thereby 

permitting their use under 40 CFR Part 

58 by States and other agencies for 

determining compliance with the 

NAAQSs. 

The EPA hereby announces the 

designation of one new reference 

method for measuring NOX in the 

ambient air and two new equivalent 

methods, one for measuring 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38185 

concentrations of O3 in the ambient air 

and one for measuring SO2 in the 

ambient air. These designations are 

made under the provisions of 40 CFR 

Part 53, as amended on December 18, 

2006 (71 FR 61271). 

The new reference method for NOX is 

an automated method (analyzer) 

utilizing the measurement principle 

based on gas phase chemiluminescence 

and the calibration procedure specified 

in Appendix F of 40 CFR part 50. This 

newly designated reference method is 

identified as follows: 

RFNA–0809–186, ‘‘Ecotech Serinus 40 

Oxides of Nitrogen Analyzer’’, operated in 

the range of 0–0.5 ppm, with a five-micron 

Teflon® filter element installed, and with the 

following selected: Control Loop-Enabled, 

Diagnostic Mode-Operate, Pres/Temp/Flow 

Compensation-Enabled, Span CompensationDisabled, with concentration automatically 

corrected for temperature and pressure 

changes, and operated according to the 

Serinus 40 Oxides of Nitrogen Analyzer User 

Manual. 

The new equivalent method for O3 is 

an automated method that utilizes a 

measurement principle based on nondispersive ultraviolet absorption 

photometry. The newly designated 

equivalent method for O3 is identified as 

follows: 

EQOA–0809–187, ‘‘Ecotech Serinus 10 

Ozone Analyzer’’, operated in the range of 0– 

0.5 ppm, with a five-micron Teflon® filter 

element installed, and with the following 

selected: Control Loop-Enabled, Diagnostic 

Mode-Operate, Pres/Temp/Flow 

Compensation-Enabled, Span CompensationDisabled, with concentration automatically 

corrected for temperature and pressure 

changes, and operated according to the 

Serinus 10 Ozone Analyzer User Manual. 

The new equivalent method for SO2 is 

an automated method (analyzer) that 

utilizes a measurement principle based 

on ultraviolet fluorescence. The newly 

designated equivalent method for SO2 is 

identified as follows: 

EQSA–0809–188, ‘‘Ecotech Serinus 50 

Sulfur Dioxide Analyzer’’, operated in the 

range of 0–0.5 ppm, with a five-micron 

Teflon® filter element installed, and with the 

following selected: Background-Enabled, 

Control Loop-Enabled, Diagnostic ModeOperate, Pres/Temp/Flow CompensationEnabled, Span Compensation-Disabled, with 

concentration automatically corrected for 

temperature and pressure changes, and 

operated according to the Serinus 50 Sulfur 

Dioxide Analyzer User Manual. 

Applications for the reference method 

and equivalent method determinations 

for these candidate methods were 

received by the EPA on March 19, 2008, 

April 22, 2009 and June 22, 2009, 

respectively. The monitors are 

commercially available from the 

applicant, Ecotech Pty. Ltd., 1492 

Ferntree Gully Road, Knoxfield, 

Victoria, 3180, Australia. 

Test analyzers representative of these 

methods have been tested in accordance 

with the applicable test procedures 

specified in 40 CFR Part 53 (as amended 

on December 18, 2006). After reviewing 

the results of those tests and other 

information submitted by the applicant 

in the respective applications, EPA has 

determined, in accordance with Part 53, 

that these methods should be designated 

as a reference or equivalent method, as 

appropriate. The information submitted 

by the applicant in the respective 

applications will be kept on file, either 

at EPA’s National Exposure Research 

Laboratory, Research Triangle Park, 

North Carolina 27711 or in an approved 

archive storage facility, and will be 

available for inspection (with advance 

notice) to the extent consistent with 40 

CFR Part 2 (EPA’s regulations 

implementing the Freedom of 

Information Act). 

As designated reference or equivalent 

methods, these methods are acceptable 

for use by states and other air 

monitoring agencies under the 

requirements of 40 CFR Part 58, 

Ambient Air Quality Surveillance. For 

such purposes, each method must be 

used in strict accordance with the 

operation or instruction manual 

associated with the method and subject 

to any specifications and limitations 

(e.g., configuration or operational 

settings) specified in the applicable 

designated method description (see the 

identifications of the methods above). 

Use of the method should also be in 

general accordance with the guidance 

and recommendations of applicable 

sections of the ‘‘Quality Assurance 

Handbook for Air Pollution 

Measurement Systems, Volume I,’’ EPA/ 

600/R–94/038a and ‘‘Quality Assurance 

Handbook for Air Pollution 

Measurement Systems, Volume II, 

Ambient Air Quality Monitoring 

Program’’ EPA–454/B–08–003, 

December, 2008 (available at http:// 

www.epa.gov/ttn/amtic/qabook.html). 

Vendor modifications of a designated 

equivalent method used for purposes of 

Part 58 are permitted only with prior 

approval of the EPA, as provided in Part 

53. Provisions concerning modification 

of such methods by users are specified 

under Section 2.8 (Modifications of 

Methods by Users) of Appendix C to 40 

CFR Part 58. 

In general, a method designation 

applies to any sampler or analyzer 

which is identical to the sampler or 

analyzer described in the application for 

designation. In some cases, similar 

samplers or analyzers manufactured 

prior to the designation may be 

upgraded or converted (e.g., by minor 

modification or by substitution of the 

approved operation or instruction 

manual) so as to be identical to the 

designated method and thus achieve 

designated status. The manufacturer 

should be consulted to determine the 

feasibility of such upgrading or 

conversion. 

Part 53 requires that sellers of 

designated reference or equivalent 

method analyzers or samplers comply 

with certain conditions. These 

conditions are specified in 40 CFR 53.9. 

Aside from occasional breakdowns or 

malfunctions, consistent or repeated 

noncompliance with any of these 

conditions should be reported to: 

Director, Human Exposure and 

Atmospheric Sciences Division (MD– 

E205–01), National Exposure Research 

Laboratory, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711. 

Designation of these new reference 

and equivalent methods is intended to 

assist the States in establishing and 

operating their air quality surveillance 

systems under 40 CFR Part 58. 

Questions concerning the commercial 

availability or technical aspects of the 

method should be directed to the 

applicant. 

Jewel F. Morris, 

Acting Director, National Exposure Research 

Laboratory. 

[FR Doc. E9–18388 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8934–8; Docket ID No. EPA–HQ–ORD– 

2007–0517] 

Draft Integrated Science Assessment 

for Particulate Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of public comment 

period. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

the availability of the second external 

review draft of a document titled, 

‘‘Second External Review Draft 

Integrated Science Assessment for 

Particulate Matter’’ (EPA/600/R–08/ 

139B and EPA/600/R–08/139BA). The 

document was prepared by the National 

Center for Environmental Assessment 

(NCEA) within EPA’s Office of Research 

and Development as part of the review 

of the national ambient air quality 

standards (NAAQS) for particulate 

matter. 


PWALKER on DSK8KYBLC1PROD with NOTICES