Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Proposed Rules 41359 

correct the exemption of agricultural 

activities from fugitive dust rules. In 

these submittals, the exemption for 

agricultural activities at subsection 4–2– 

020.B, along with the definition of 

‘‘normal farm cultural practice’’ at 

subsection 4–2–030.2, were deleted; 

thus, correcting this deficiency. After 

the 12/02/02 adoption of this 

amendment, the Pinal County 

Governing Board amended its list of SIP 

measures (Chapter 1, Article 1, Section 

105—SIP List) on 01/07/09 to reflect its 

12/02/02 action and has submitted this 

list to EPA. 

Pinal County’s submittal of Rules 2– 

8–302, 4–4, 4–5, 4–7, and 4–9 is 

intended to address and correct the Rule 

4–2–030 ‘‘reasonable precautions’’ and 

Rule 4–2–050 recordkeeping 

deficiencies in our limited disapproval. 

Should EPA complete a final approval 

action on the submitted rules, we will 

find that Pinal County has corrected the 

deficiencies described above. 

Consequently, sanctions will be 

terminated and our Federal 

Implementation Plan (FIP) obligation 

will be removed. 

Today, we are also publishing an 

interim final determination with this 

proposal that will stay sanctions during 

the public comment period and while 

we review any public comments we 

may receive. 

The TSDs have more information on 

our evaluation. Because correcting the 

4–2–020 and 4–2–030 deficiencies only 

involved removing the agricultural 

activities exemption, we have not 

provided a TSD discussing this 

amendment to Rules 4–2–020 and 4–2– 

030. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD for Rule 4–7 describes 

additional rule revisions that do not 

affect EPA’s current action but are 

recommended for the next time Pinal 

County modifies Rule 4–7 and 4–9. Rule 

4–9 contains an editorial error that 

should be corrected as soon as 

practicable. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP and 

remove all sanctions and FIP obligations 

associated with our August 1, 2007 

limited disapproval. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: July 31, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–19651 Filed 8–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–8945–6] 

RIN 2060–A081 

Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program; Notice of 

Availability of Expert Peer Review 

Record 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for comments. 

SUMMARY: The U.S. Environmental 

Protection Agency (‘‘EPA’’) announces 

the availability of documents pertaining 

to the expert peer review record 

completed on the Renewable Fuel 

Standard Program (RFS2) Lifecycle 

Greenhouse Gas (GHG) Analysis. On 

May 5, 2009, EPA announced proposed 

revisions to the National Renewable 

Fuel Standard program (commonly 

known as the RFS program) as required 

by the Energy Independence and 

Security Act (EISA) of 2007. EISA 

established new renewable fuel 

categories and eligibility requirements, 

including setting the first ever 

mandatory GHG reduction thresholds 

for the various categories of renewable 

fuels. EISA also defined the term 

lifecycle greenhouse gas (GHG) 

emissions. As part of proposed revisions 

to the RFS program and in accordance 

with the EISA definition of GHG 

emissions, EPA examined the GHG 

impacts associated with different types 

of renewable fuels. Several new pieces 

of analysis were developed to support 

this lifecycle assessment. EPA decided 

to initiate an independent peer review 

to help respond to stakeholder concerns 

and to ensure that the Agency makes 

decisions based on the best science 

available. The Agency, in accordance 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
41360 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Proposed Rules 

with the Office of Management and 

Budget and EPA peer review guidance 

contracted with independent, third 

party sources to conduct an external 

expert peer review of this work. The 

results of the expert peer review are 

being made available to the public for 

notice and comment to supplement the 

current record. 

DATES: Written comments must be 

received on or before September 25, 

2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: EPA Docket Center, 

EPA West Building, Room 3334, 1301 

Constitution Ave., 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–OAR–2005– 

0161. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

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 www.regulations.gov 

or e-mail. The 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 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. 

For additional instructions on 

submitting comments, please refer to the 

notice of proposed rulemaking (Section 

XI, Public Participation, of the 

SUPPLEMENTARY INFORMATION section of 

the proposed rulemaking document). 

How Can I Access the Docket? 

All documents in the docket are listed 

in the 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 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, 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 Air Docket is (202) 566– 

1742. 

How Can I Get Copies of This 

Document, the Proposed Rule, and 

Other Related Information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR– 2005–0161. The EPA has 

also developed a Web site for the 

proposed RFS2 rule, including the 

notice of proposed rulemaking, at: 

http://www.epa.gov/otaq/ 

renewablefuels/index.htm. Please refer 

to the notice of proposed rulemaking for 

detailed information on accessing 

information related to the proposal, 

including the expert peer review record. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone 

number: (734) 214–4131; Fax number: 

(734) 214–4816; E-mail address: 

macallister.julia@epa.gov, or 

Assessment and Standards Division 

Hotline; telephone number (734) 214– 

4636; E-mail address: asdinfo@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background: To meet the lifecycle 

requirements as defined by the Energy 

Independence and Security Act of 2007 

(EISA), EPA, in consultation with the 

U.S. Department of Agriculture (USDA) 

and the U.S. Department of Energy 

(DOE), developed a comprehensive 

methodology, including an assessment 

of significant indirect land use impacts. 

EPA has specifically relied on a number 

of expert peer reviewed models and data 

sources for individual components of 

the analysis. This methodology is 

described in detail in both the Preamble 

and Draft Regulatory Impact Analysis of 

EPA’s Notice of Proposed Rulemaking 

available at: 

http://www.epa.gov/OMS/ 

renewablefuels/#regulations. 

In addition, several new pieces of 

analysis were developed to support this 

lifecycle assessment and these new 

pieces underwent scientific expert peer 

review contemporaneously with the 

public comment period of the 

rulemaking. The new pieces of analysis 

presented for expert peer review were: 

(1) Land use modeling (use of satellite 

data/land conversion GHG emission 

factors); (2) Methods to account for the 

variable timing of GHG emissions; (3) 

EPA estimates of GHG emissions from 

foreign crop production (modeling and 

data used); (4) How the models EPA 

relied upon are used together to provide 

overall lifecycle estimates (not a review 

of models themselves but how the 

results of each have been used together). 

The reviews were conducted 

following the Office of Management and 

Budget’s (OMB) expert peer review 

guidance that ensures consistent 

government-wide implementation of 

expert peer review and according to 

EPA’s longstanding and rigorous expert 

peer review policies. 

In accordance with this guidance, 

EPA used independent, third-party 

contractors to conduct the external 

expert peer review. The contractor was 

responsible for identifying a list of 

expert reviewers and checking for 

possible conflict of interest. EPA 

provided the contractor with a 

description of expertise required and 

examples of experts that fit the expertise 

needed for each review. EPA also 

provided a list of names, submitted from 

several external sources, for the 

contractor to consider during the 

selection process. Further, EPA 

provided charge questions for each 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Proposed Rules 41361 

review which guided the review 

process. For these particular expert peer 

reviews, the charge questions were 

reviewed by OMB. As part of the review 

process, the Contractor also developed 

the expert peer review record which 

EPA is now publicly available. The 

expert peer reviewers were charged with 

working independently and were not 

asked to reach a consensus decision. 

Notice of Availability: The expert peer 

review records completed in this 

process are now available in the public 

docket and available at http:// 

www.epa.gov/otaq/renewablefuels/ 

index.htm. 

The docket includes: Materials 

provided to the expert peer reviewers; 

list of names and affiliations of the 

expert peer reviewers; a summary of 

comments, as well as comments 

attributable to individual reviewers. 

Dated: August 7, 2009. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. E9–19466 Filed 8–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0227; FRL–8945–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent To Delete the 

Island Chemical Corp/Virgin Islands 

Chemical Corp. Superfund Site From 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is issuing a 

Notice of Intent to Delete the Island 

Chemical Corp/Virgin Islands Chemical 

Corp. (Site) located in St. Croix, Virgin 

Islands, from the National Priorities List 

(NPL) and requests public comments on 

this proposed action. The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the Territory of U.S.Virgin Islands, 

through the Virgin Islands Department 

of Planning and Natural Resources have 

determined that all appropriate 

response actions under CERCLA, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: Comments must be received by 

September 16, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0227, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: kwan.caroline@epa.gov. 

• Fax: (212) 637–4284. 

• Mail: U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th floor, New York, NY 

10007–1866. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th floor, New York, NY. 

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–2009– 

0227. 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 

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 e-mail. 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 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. 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region 2, 290 Broadway, Superfund, 

Record Center, Room 1828, New York, 

NY 10007–1866. Hours: Monday to 

Friday from 9 a.m. to 5 p.m. 

Telephone No. (212) 637–4308 

Department of Planning and Natural 

Resources, 45 Mars Hill, Frederiksted, 

U.S. Virgin Islands, 00850. Hours: 

Monday to Friday from 9 a.m. to 5 

p.m. Telephone No. (340) 773–1082. 

U.S. Environmental Protection Agency, 

Caribbean Environmental Protection 

Division, Tunick Building, Suite 102, 

1336 Beltjen Road, St. Thomas, VI 

00801. Hours: Monday to Friday from 

9 a.m. to 5 p.m. Telephone No. (340) 

714–2333. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Caroline Kwan, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

floor, New York, NY 10007–1866, (212) 

637–4275, e-mail: 

kwan.caroline@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of Island Chemical Corp/Virgin 

Islands Chemical Corp. Site without 

prior Notice of Intent to Delete because 

we view this as a noncontroversial 

revision and anticipate no adverse 

comment. We have explained our 

reasons for this deletion in the preamble 

to the direct final Notice of Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this deletion action, we 

will not take further action on this 

Notice of Intent to Delete. If we receive 

adverse comment(s), we will withdraw 

the direct final Notice of Deletion, and 

it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1