### 30393 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices

Cabot Corporation has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents out of the injection zone or into an underground source of drinking water (USDW) for at least 10,000 years.
This final decision allows the continued underground injection by Cabot Corporation of specific restricted wastes from the silica production processes (codes D002, F003, and F039 under 40 CFR part 261), into two Class I hazardous waste injection wells specifically identified as Injection Wells No. 2 and No. 3 at the Tuscola facility.
This decision constitutes a final EPA
action for which there is no Administrative Appeal.

**DATES :**  This action is effective as of June

1, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Dana Rzeznik, Lead Petition Reviewer, EPA, Region V, telephone (312) 353– 6492. Copies of the petition and all pertinent information relating thereto are on file and are part of the
Administrative Record. It is recommended that you contact the lead reviewer prior to reviewing the
Administrative Record.

**SUPPLEMENTARY INFORMATION :** 
Background

Cabot Corporation submitted a petition for renewal of an existing exemption from the land disposal
restrictions of hazardous waste on March 8, 2007. EPA personnel reviewed all data pertaining to the petition, including, but not limited to, well construction, well operations, regional and local geology, seismic activity, penetrations of the confining zone, and computational models of the injection
zone. EPA has determined that the geologic setting at the site as well as the construction and operation of the well are adequate to prevent fluid migration out of the injection zone within 10,000 years, as required under 40 CFR part 148. The injection zone at this site is composed of the Upper Franconia, Potosi, Eminence and Oneota formations at depths between 4,442 feet and 5,400 feet below ground level. The confining zone is the Shakopee formation at depths between 4,101 feet and 4,442 feet below ground level. The confining zone is separated from the lowermost underground source of drinking water (at a depth of 2700 feet below ground level) by a sequence of permeable and less permeable sedimentary rocks, which provide additional protection from fluid migration into drinking water sources.

EPA issued a draft decision, which described the reasons for granting this exemption in more detail, a fact sheet, which summarized these reasons, and a public notice on December 28, 2009, pursuant to 40 CFR 124.10. The public comment period expired on February 1,
2010. EPA received no comments on the proposed exemption granted to Cabot Corporation. A final exemption is therefore granted as proposed.

Conditions

This exemption is subject to the following conditions. Non-compliance with any of these conditions is grounds for termination of the exemption:

(1) All regulatory requirements in 40 CFR 148.23 and 148.24 are incorporated by reference;

(2) The exemption applies to two existing injection wells, Well #2 and Well #3 located at the Cabot Corporation facility at 700 E. U.S. Highway 36, in the City of Tuscola in Douglas County, Illinois;

(3) Injection is limited to that part of Upper Franconia, Potosi, Eminence and Oneota formations at depths between 4,442 and 5,400 feet;

(4) Only wastes denoted by the waste codes D002, F003 and F039 may be injected;

(5) The concentrations of constituents of the injected waste will not exceed the
amounts listed in Table 1–1 in the petition document;

(6) The volume of wastes injected in any month through the wells must not exceed 17,280,000 gallons;

(7) This exemption is approved for the 21-year modeled injection period, which ends on December 31, 2027. Cabot Corporation may petition EPA for a reissuance of the exemption beyond that date, provided that a new and complete petition and no-migration demonstration is received at EPA, Region 5, by July 1, 2027;

(8) Cabot Corporation shall quarterly submit to EPA a report containing a fluid analysis of the injected waste
which shall indicate the chemical andphysical properties upon which the nomigration petition was based, including the physical and chemical properties
listed in Conditions 5 and 6 of this exemption approval;

(9) Cabot Corporation shall annually submit to EPA a report containing the results of a bottom hole pressure survey (fall-off test) performed on Well #2 and Well #3 (alternating years). The survey shall be performed after shutting in the well for a period of time sufficient to allow the pressure in the injection interval to reach equilibrium, in accordance with 40 CFR 146.68(e)(1). The annual report shall include a comparison of reservoir parameters
determined from the fall-off test with parameters used in the approved nomigration petition;

(10) The petitioner shall fully comply with all requirements set forth in Underground Injection Control Permit UIC–011–CC issued by the Illinois Environmental Protection Agency; and

(11) Whenever EPA determines that the basis for approval of a petition may no longer be valid, EPA may terminate this exemption and will require a new
demonstration in accordance with 40

CFR 148.20.

Dated: March 5, 2010. Tinka G. Hyde,
Director, Water Division, EPA Region 5.

[FR Doc. 2010–13089 Filed 5–28–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9157–2; Docket ID No. EPA–HQ–ORD– 2009–0934]** 

**The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of**  **the Central Appalachian Coalfields and a Field-Based Aquatic Life Benchmark**  **for Conductivity in Central Appalachian Streams** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Extension of Public Comment Period to July 13, 2010.

**SUMMARY :**  EPA is announcing an extension of the public comment period for two related draft documents: (1)

‘‘The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields ’’ (EPA/600/R–09/138A) and (2) ‘‘A Fieldbased Aquatic Life Benchmark for Conductivity in Central Appalachian

Streams ’’ (EPA/600/R–10/023A). We are specifically extending the comment period to give the public an opportunity
to evaluate the data used to derive a benchmark for conductivity. By following the link below, reviewers may
download the initial data and EPA’s
derivative data sets that were used to calculate the conductivity benchmark. These reports were developed by the
National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and Development as part of a set of actions taken by EPA to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in
coordination with Federal and State regulatory agencies (http:// www.epa.gov/owow/wetlands/guidance/ mining.html).


### 30394 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices

Both documents will be reviewed by an independent review panel convened by EPA’s Science Advisory Board (SAB). The SAB’s peer review meeting, which the public will be able to attend as observers, is scheduled for July 20– 22, 2010. The public comment period and the SAB meeting are separate processes that provide opportunities for all interested parties to comment on the
document. EPA intends to forward the public comments that are submitted, in accordance with this notice, to the SAB review panel prior to the meeting for their consideration. When finalizing the draft documents, EPA intends to consider any significant public
comments that it receives in accordance
with this notice.

EPA is releasing these draftdocuments for the purpose of predissemination peer review under applicable information quality guidelines. The documents have not been formally disseminated by EPA. They do not represent and should not be construed to represent a final Agency policy or determination; however, the
documents reflect EPA’s best interpretation of the available science.
The draft documents are available via the Internet on NCEA’s home page
under the Recent Additions and
Publications menus at http:// www.epa.gov/ncea.

**DATES :**  The public comment period began on April 12, 2010 and ends on July 13, 2010. Technical comments should be in writing and must be received by EPA by July 13, 2010.

**ADDRESSES :**  The draft reports, ‘‘The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields ’’ and

‘‘A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian

Streams ’’ are available primarily via the
Internet on the National Center for Environmental Assessment’s home page
under the Recent Additions and
Publications menus at http:// www.epa.gov/ncea. A limited number of paper copies are available, contact the EPA; telephone: 703–347–8629; facsimile: 703–347–8691. If you are requesting a paper copy, please provide your name, your mailing address, and the document titles (1) ‘‘The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields ’’ and (2) ‘‘A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian

Streams. ’’

Comments may be submitted electronically via http:// www.regulations.gov, by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions provided in the **SUPPLEMENTARY**

**INFORMATION** section of this notice.

**FOR FURTHER INFORMATION CONTACT :**  For information on submitting comments to the docket, please contact the Office of Environmental Information Docket; telephone: 202–566–1752; facsimile: 202–566–1753; or e-mail: ORD.Docket@epa.gov. For technical information, please leave a message at
703–347–8629 or send e-mail to MTM– Cond@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. Background

The purpose of the first draft report entitled, ‘‘The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields, ’’ is to assess the state of the science on the ecological impacts of Mountaintop Mining and Valley Fill (MTM–VF) operations on streams in the Central Appalachian Coal Basin. This
basin covers about 12 million acres in West Virginia, Kentucky, Virginia, and Tennessee. The draft report reviews literature relevant to evaluating five potential consequences of MTM–VF operations: (1) Impacts on headwater streams; (2) impacts on downstream water quality; (3) impacts on stream ecosystems; (4) the cumulative impacts of multiple mining operations; and (5) effectiveness of mining reclamation and mitigation. The impacts of MTM–VF operations on cultural and aesthetic
resources are not included in the review. EPA used two primary sources of information for the evaluation: (1) The peer reviewed, published literature and (2) the Programmatic Environmental Impact Statement (PEIS) on Mountaintop Mining/Valley Fills in Appalachia and its associated appendices prepared in draft in 2003
and finalized in 2005.

The second draft report entitled, ‘‘A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams, ’’ uses field data to derive an aquatic life benchmark for conductivity. Conductivity is a measurement of the
salt content of water. The saltier the water, the more it will conduct electricity. This benchmark value may be applied to waters in the Appalachian Region that are near neutral or mildly alkaline in their pH and are influenced by salts of sulfate and bicarbonate. This benchmark is intended to protect the biological integrity of waters in the region. It is derived by a method
modeled on the U.S. EPA’s standard methodology for deriving water quality criteria. In particular, the methodology was adapted for use of field data. Field data were used because sufficient and appropriate laboratory data were not available and because high quality field
data were available to relate conductivity to effects on biotic communities. This draft report provides scientific evidence for a conductivity benchmark in a specific region rather
than for the entire United States.

II. How To Submit Technical Comments to the Docket at http:// www.regulations.gov

Submit your comments, identified by Docket ID No. EPA–HQ–ORD 2009– 0934, by one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting

comments.

• E-mail: ORD.Docket@epa.gov.

• Fax: 202–566–1753.

• Mail: Office of Environmental Information (OEI) Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone
number is 202–566–1752.

• Hand Delivery: The OEI Docket is located in the EPA Headquarters Docket Center, Room 3334 EPA West Building, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center’s 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. Such deliveries are only accepted during the docket’s normal hours of operation, and special arrangements
should be made for deliveries of boxed
information.

If you provide comments by mail or hand delivery, please submit three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies.

Instructions: Direct your comments to Docket ID No. EPA–HQ–ORD–2009– 0934. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked

‘‘ late, ’’ and may only be considered if time permits. It is EPA’s policy to
include all comments it receives in the public docket without change and to
make the comments available online at http://www.regulations.gov, including any personal information provided,
unless a 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://


### 30395 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices

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. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

Docket: 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 materials, such as copyrighted material, are 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 OEI Docket in the EPA Headquarters
Docket Center.

Dated: May 25, 2010.

Rebecca Clark, Acting Director, National Center for
Environmental Assessment.

[FR Doc. 2010–13072 Filed 5–28–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OW–2010–0464; FRL–9156–7]**

**Stakeholder Input; National Pollutant Discharge Elimination System**  **(NPDES) Permit Requirements for Municipal Sanitary Sewer Collection**  **Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows,**  **and Peak Wet Weather Discharges From Publicly Owned Treatment Works**  **Treatment Plants Serving Separate Sanitary Sewer Collection Systems** 

**AGENCY :**  Environmental Protection Agency (EPA). **ACTION :**  Notice.

**SUMMARY :**  The Environmental Protection Agency is announcing plans to hold
several ‘‘ listening sessions ’’ beginning in June 2010 to obtain information from the public on certain issues EPA is considering. EPA is considering whether to propose to modify the National Pollutant Discharge Elimination System (NPDES) regulations as they apply to municipal sanitary sewer collection systems and sanitary sewer overflows (SSOs) in order to better protect the environment and public health from the harmful effects of sanitary sewer overflows and basement back ups. The Agency is considering whether to propose possible modifications to the NPDES regulations, including establishing standard permit conditions for publicly owned treatment works (POTW) permits that specifically address sanitary sewer collection systems and SSOs, and clarifying the regulatory framework for applying NPDES permit conditions to municipal satellite collection systems. The Agency is also considering whether and how it should resolve several longstanding issues that are the subject of the December 22, 2005 draft Peak Flows Policy. This draft Policy attempted to clarify EPA’s interpretation that the existing ‘‘bypass ’’ provision of the NPDES regulations applies to peak wet
weather diversions at POTW treatment plants that are recombined with the flows from the secondary treatment units prior to discharge. The Agency is considering whether to adopt this or a revised Policy and/or address questions about peak flow as part of an SSO rulemaking to allow for a holistic and integrated approach to reducing SSOs while at the same time addressing peak flows at the POTW treatment plant.

In addition to submitting information at the listening sessions, the public may also provide input to the Agency directly through e-mail, fax or mail in order to help the Agency shape any possible future regulatory proposals. The Agency is undertaking this outreach to help advance the Clean Water Act objective to restore and maintain the chemical, physical and biological integrity of the nation’s waters (CWA, Section 101(a)).

**DATES :**  EPA is asking for statements and input from the interested public on or before August 2, 2010.

**ADDRESSES :**  Submit your statements or input, identified by Docket ID No. EPA– HQ–OW–2010–0464, by one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting input. • E-mail: OW–Docket@epa.gov, Attention Docket ID No. EPA–HQ–OW–

2010–0464.

• Fax: 202–566–9744.

• Mail: Water Docket, U.S. Environmental Protection Agency, Mail code: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID No. EPA–HQ–OW–2010–

0464.

• Hand Delivery: Water Docket, EPA Docket Center, EPA West Building Room 3334, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. EPA–HQ–OW–2010–0464. 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 input to Docket ID No. EPA–HQ–OW–2010– 0464. EPA’s policy is that all input 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 input 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 input. If you send an e-mail with input directly to EPA without going through http:// www.regulations.gov your e-mail address will be automatically captured and included as part of the input that is placed in the public docket and made available on the Internet. If you submit an electronic input, EPA recommends that you include your name and other contact information in the body of your input and with any disk or CD–ROM you submit. If EPA cannot read your input due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your input.
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 FURTHER INFORMATION CONTACT :**  For further information about this notice, contact Charles Glass, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202–
564–0418 or e-mail: glass.charles@epa.gov.