Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 39101 

subsequently added or replaced, 

manufacturer approval of the overall 

component is not sufficient to 

demonstrate compatibility. 

Options for Meeting the Compatibility 

Requirement 

Acceptable methods for owners and 

operators of UST systems storing 

ethanol-blended fuels greater than 10 

percent ethanol or biodiesel-blended 

fuels greater than 20 percent biodiesel to 

demonstrate compatibility under 40 

CFR 280.32 are: 

• Use components that are certified or 

listed by a nationally recognized, 

independent testing laboratory (for 

example, Underwriters Laboratories) for 

use with the fuel stored; 

• Use components approved by the 

manufacturer to be compatible with the 

fuel stored. EPA considers acceptable 

forms of manufacturer approvals to: 

Æ Be in writing; 

Æ Indicate an affirmative statement of 

compatibility; 

Æ Specify the range of biofuel blends 

the component is compatible with; and 

Æ Be from the equipment 

manufacturer, not another entity (such 

as the installer or distributor); or 

• Use another method determined by 

the implementing agency to sufficiently 

protect human health and the 

environment. EPA will work with states 

as they evaluate other acceptable 

methods. 

Currently, a note in 40 CFR 280.32 

allows owners and operators to use the 

American Petroleum Institute’s (API) 

Recommended Practice 1626, an 

industry code of practice, to meet the 

compatibility requirement for ethanolblended fuels. The original version of 

API 1626 (1st ed. 1985, reaffirmed in 

2000) applies to up to 10 percent 

ethanol blended with gasoline and is 

not applicable to meet the compatibility 

requirement for ethanol blends greater 

than 10 percent. In August 2010, API 

published a second edition of API 1626. 

The second edition addresses ethanol 

blends greater than 10 percent and may 

be used to demonstrate compatibility for 

UST systems storing ethanol blends. 

If the UST owner and operator is not 

able to demonstrate that the UST system 

is made of materials that are compatible 

with the ethanol blend or biodiesel 

blend stored, according to 40 CFR 

280.32, the UST owner and operator 

may not use the system to store those 

fuels. 

State UST program regulations may be 

more stringent than the Federal UST 

regulations. In addition to state and 

Federal UST requirements, UST system 

owners and operators may be subject to 

other Federal, state, or local regulatory 

requirements (for example, U.S. 

Occupational Safety and Health 

Administration, National Fire 

Prevention Association, and 

International Fire Code). UST system 

owners and operators should check with 

their state and local agencies to 

determine other requirements. 

If you have questions about this 

guidance, please contact Andrea 

Barbery at barbery.andrea@epa.gov or 

(703) 603–7137. 

Dated: June 17, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2011–16738 Filed 7–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

EPA–HQ–OW–2011–0409; FRL–9428–4] 

EPA and Army Corps of Engineers 

Guidance Regarding Identification of 

Waters Protected by the Clean Water 

Act 

AGENCY: Environmental Protection 

Agency (EPA); and U.S. Army Corps of 

Engineers, Department of the Army, 

Department of Defense. 

ACTION: Notice; extension of comment 

period. 

SUMMARY: On May 2, 2011, the U.S. 

Environmental Protection Agency (EPA) 

and the U.S. Army Corps of Engineers 

(the Corps) announced availability of 

draft guidance (76 FR 24479) that 

describes how the agencies will identify 

waters protected by the Federal Water 

Pollution Control Act Amendments of 

1972 (Clean Water Act or CWA or Act) 

and implement the Supreme Court’s 

decisions on this topic (i.e., Solid Waste 

Agency of Northern Cook County v. U.S. 

Army Corps of Engineers (SWANCC) 

(531 U.S. 159 (2001)) and Rapanos v. 

United States (547 U.S. 715 (2006)) 

(Rapanos)). The comment period was 

originally set to expire on July 1, 2011, 

and the agencies are extending the 

public comment period by 30 days. 

DATES: Public comments are due by July 

31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2011–0409 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ow-docket@epa.gov. Include 

EPA–HQ–OW–2011–0409 in the subject 

line of the message. 

• Mail: Send the original and three 

copies of your comments to: Water 

Docket, Environmental Protection 

Agency, Mail Code 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, Attention: 

Docket ID No. EPA–HQ–OW–2011– 

0409. 

• Hand Delivery/Courier: Deliver 

your comments to EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OW–2011–0409. Such 

deliveries are accepted only during the 

Docket’s normal hours of operation, 

which are 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. The telephone number for 

the Water Docket is 202–566–2426. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2011– 

0409. 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 

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 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 might not be 

able to consider your comment. Avoid 

the use of special characters and any 

form of encryption, and ensure that 

electronic files are free of any defects or 

viruses. For additional information 


srobinson on DSK4SPTVN1PROD with NOTICES
39102 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices 

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. Some 

information, however, is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Water Docket, EPA Docket Center, 

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 Water 

Docket is 202–566–2426. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Donna Downing, Office of Water (4502– 

T), Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., 

Washington DC 20460; telephone 

number 202–566–1783; email address: 

CWAwaters@epa.gov. Mr. David Olson, 

Regulatory Community of Practice 

(CECW–CO–R), U.S. Army Corps of 

Engineers, 441 G Street, NW., 

Washington, DC 20314; telephone 

number 202–761–4922; e-mail address: 

david.b.olson@usace.army.mil. 

SUPPLEMENTARY INFORMATION: In the May 

2, 2011, issue of the Federal Register 

(76 FR 24479), the U.S. Environmental 

Protection Agency and U.S. Army Corps 

of Engineers announced the availability 

of draft agency guidance, regarding 

Clean Water Act (CWA) jurisdiction 

following the U.S. Supreme Court’s 

decisions in SWANCC and Rapanos. 

The agencies invited public comment 

for a 60-day period. Several entities 

have requested an extension of the 

comment period for the guidance. The 

EPA and the Corps find that a 30-day 

extension of the comment period is 

warranted. Therefore, the comment 

period is extended until July 31, 2011. 

A copy of the draft guidance can be 

found on EPA’s Web site at http:// 

water.epa.gov/lawsregs/guidance/ 

wetlands/CWAwaters.cfm and on the 

Corps’ Web site at http:// 

www.usace.army.mil/CECW/Pages/ 

cwa_guide.aspx. 

Dated: June 27, 2011. 

Nancy K. Stoner, 

Acting Assistant Administrator for Water, 

Environmental Protection Agency. 

Dated: June 27, 2011. 

Jo-Ellen Darcy, 

Assistant Secretary of the Army for Civil 

Works, Department of the Army. 

[FR Doc. 2011–16617 Filed 7–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9429–4] 

Science Advisory Board Staff Office; 

Notification of a Public Teleconference 

of the SAB Mercury Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) Science 

Advisory Board (SAB) Staff Office 

announces a public teleconference of 

the Mercury Review Panel. 

DATES: The teleconference will be held 

on July 20, 2011, from 1 to 4 p.m. 

(Eastern Daylight Time) 

ADDRESSES: The public teleconference 

will be conducted by telephone only. 

FOR FURTHER INFORMATION CONTACT: 

Members of the public who wish to 

obtain further information regarding this 

meeting must contact Dr. Angela 

Nugent, Designated Federal Officer 

(DFO). Dr. Nugent may be contacted at 

the EPA Science Advisory Board 

(1400R), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; or by 

telephone/voice mail at (202) 564–2218; 

fax at (202) 565–2098; or e-mail at 

nugent.angela@epa.gov. General 

information concerning the SAB can be 

found at the EPA SAB Web site at 

http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB was 

established pursuant to the 

Environmental Research, Development, 

and Demonstration Authorization Act 

(ERDAA), codified at 42 U.S.C. 4365, to 

provide independent scientific and 

technical advice to the EPA 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

chartered under the Federal Advisory 

Committee Act (FACA), 5 U.S.C., App. 

2. Pursuant to FACA and EPA policy, 

notice is hereby given that the SAB 

Mercury Review Panel will hold a 

public teleconference to discuss a draft 

advisory report Review of EPA’s Draft 

Technical Support Document: NationalScale Mercury Risk Assessment 

Supporting the Appropriate and 

Necessary Finding for Coal and OilFired Electric Generating Units—March 

2011. The Panel will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

EPA is considering regulating the 

emissions of hazardous air pollutants 

(HAPs) released from coal-burning 

electric generating units in the United 

States (U.S. EGUs) under Section 

112(n)(1)(A) of the Clean Air Act (CAA). 

EPA developed a draft risk assessment 

for mercury, entitled Technical Support 

Document: National-scale Mercury Risk 

Assessment. This draft assessment 

considers the nature and magnitude of 

the potential risk to public health posed 

by current U.S. EGU mercury emissions 

and the nature and magnitude of the 

potential risk posed by U.S. EGU 

mercury emissions in the future, once 

all anticipated CAA-related regulations 

potentially reducing mercury from U.S. 

EGUs are in-place. EPA’s Office of Air 

and Radiation requested peer review of 

this draft document. To conduct this 

review, the SAB Mercury Review Panel 

met on June 15–17, 2011 (76 FR 29746– 

29747) to review the draft Technical 

Support Document. The purpose of the 

July 21 2011, teleconference is to 

discuss the panel’s draft report, Review 

of EPA’s Draft Technical Support 

Document: National-Scale Mercury Risk 

Assessment Supporting the Appropriate 

and Necessary Finding for Coal and OilFired Electric Generating Units—March 

2011. 

Availability of Meeting Materials: The 

agenda, the draft panel report, and other 

meeting materials will be available on 

the SAB Web site at http:// 

yosemite.epa.gov/sab/sabproduct.nsf/

fedrgstr_activites/A%26N%20Hg%

20Risk%20Assessment%20TSD?

OpenDocument in advance of the 

meeting. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

advice to EPA. Members of the public 

can submit comments for a Federal 

advisory committee to consider as it 

develops advice for EPA. Input from the 

public to the SAB will have the most 

impact if it provides specific scientific 


srobinson on DSK4SPTVN1PROD with NOTICES