### 35720 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Proposed Rules

List of Subjects

40 CFR Part 122

Administrative practice and procedure, Confidential business information, Environmental protection, Hazardous substances, Reporting and recordkeeping requirements, Water pollution control.

40 CFR Part 136

Environmental protection, Incorporation by reference, Reporting and recordkeeping requirements, Water pollution control.

Dated: June 16, 2010. Lisa P. Jackson,
Administrator.

For the reasons set out in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows:

**PART 122—EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL**  **POLLUTANT DISCHARGE ELIMINATION SYSTEM** 

1. The authority citation for part 122 continues to read as follows:

Authority: The Clean Water Act, 33 U.S.C.
1251 et seq.

2. Section 122.21, is amended by adding a new paragraph (e)(3), to read as follows:

**§ 122.21 Application for a permit (applicable to State programs, see § 123.25).** 
* * * * *

(e) * * * (3) A permit application shall not be considered complete unless all required quantitative data are collected in accordance with sufficiently sensitive analytical methods approved under 40 CFR part 136 or in accordance with another method required under 40 CFR chapter I, subchapter N or O.

(i) For the purposes of this requirement, a method approved under 40 CFR part 136 is ‘‘ sufficiently sensitive’’ when:

(A) The method minimum level (ML) is at or below the level of the applicable water quality criterion for the measured pollutant or pollutant parameter;

(B) The method ML is above the applicable water quality criterion, but the amount of the pollutant or pollutant parameter in a facility’s discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge;

(C) The method has the lowest ML of the analytical methods approved under 40 CFR part 136.

(ii) When there is no analytical method that has been approved under 40 CFR part 136, required under 40 CFR chapter I, subchapter N or O, or otherwise required by the Director, the applicant may use any suitable, sufficiently sensitive method but shall provide a description of the method that includes documentation of the ML.

* * * * *

3. Section 122.44 is amended by revising paragraph (i)(1)(iv) to read as follows:

**§ 122.44 Establishing limitations, standards, and other permit conditions**  **(applicable to State NPDES programs, see § 123.25).** 
* * * * *

(i) * * * (1) * * * (iv) According to sufficiently sensitive test procedures (i.e., methods) approved under 40 CFR part 136 for the analysis of pollutants or pollutant parameters or in accordance with another method required under 40 CFR chapter I, subchapter N or O.

(A) For the purposes of this paragraph, a method is ‘‘ sufficiently sensitive’’ when:

( 1 ) The method minimum level (ML) is at or below the level of the effluent limit established in the permit;

( 2) The method ML is above the level of the effluent limit in the permit, but the amount of the pollutant or pollutant parameter in a facility’s discharge is high enough that the method detects and quantifies the amount of the pollutant or pollutant parameter in the discharge;

( 3 ) The method has the lowest ML of the analytical methods approved under 40 CFR part 136.

(B) In the case of pollutants or pollutant parameters for which there are no approved methods under 40 CFR part 136 or methods are not otherwise required under 40 CFR chapter I, subchapter N or O, monitoring shall be conducted according to a sufficiently sensitive test procedure specified in the permit for such pollutants or pollutant parameters.
* * * * *

**PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES**  **FOR THE ANALYSIS OF POLLUTANTS**

4. The authority citation for part 136 continues to read as follows:

Authority: Secs. 301, 304(h), 307, and 501(a) Pub. L. 95–217, 91 Stat. 1566, et seq. (33 U.S.C. 1251 et seq. ) (The Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977.)

5. Section 136.1 is amended by adding a new paragraph (c) to read as follows: **§ 136.1 Applicability.**
* * * * *

(c) For the purposes of the NPDES, when more than one test procedure is available under this part for the analysis of a pollutant or pollutant parameter, the test procedure selected shall be sufficiently sensitive as defined at 40 CFR 122.21(e)(3) and 122.44(i)(1)(iv).

[FR Doc. 2010–15254 Filed 6–22–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 271**

**[EPA–R01–RCRA–2010–0468; FRL–9166–6]**

**Massachusetts: Final Authorization of State Hazardous Waste Management**  **Program Revisions**

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

**ACTION :**  Proposed rule.

**SUMMARY :**  The Commonwealth of Massachusetts has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Massachusetts. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State’s changes through an immediate final action.

**DATES :**  Comments must be received on or before July 23, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R01– RCRA–2010–0468, by one of the following methods:

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

• E-mail: biscaia.robin@epa.gov.

• Fax: (617) 918–0642, to the attention of Robin Biscaia.

• Mail: Robin Biscaia, RCRA Waste Management Section, Office of Site Remediation and Restoration (OSRR 07– 1), EPA New England—Region 1, 5 Post Office Square, Suite 100, Boston, MA
02109–3912.

• Hand Delivery or Courier: Deliver your comments to: Robin Biscaia, RCRA Waste Management Section, Office of Site Restoration and Remediation (OSRR 07–1), EPA New England— Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109–3912. Such deliveries are only accepted during the Office’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.


### 35721 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Proposed Rules

For further information on how to submit comments, please see today’s immediate final rule published in the

‘‘Rules and Regulations ’’ section of this Federal Register

.
**FOR FURTHER INFORMATION CONTACT :**  Robin Biscaia, RCRA Waste Management Section, Office of Site Remediation and Restoration (OSRR 07– 1), EPA New England—Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109–3912, telephone number: (617) 918–1642; fax number: (617) 918–0642, e-mail address: biscaia.robin@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the

‘‘Rules and Regulations ’’ section of this Federal Register , EPA is authorizing these changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect adverse comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written adverse comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you should do so at this time.

Dated: June 8, 2010. Ira W. Leighton, Acting Regional Administrator, EPA New England.
[FR Doc. 2010–15256 Filed 6–22–10; 8:45 am]

**BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR** 

**Fish and Wildlife Service**

**50 CFR Part 17**

**[Docket No. FWS-R6-ES-2010-0015] [MO 92210-0-0008-B2]** 

**RIN 1018-AV83**

**Endangered and Threatened Wildlife and Plants; Listing**  **Ipomopsis polyantha**  **(Pagosa Skyrocket) as Endangered Throughout Its Range,**  **and Listing Penstemon debilis**  **(Parachute Beardtongue) and Phacelia**  **submutica (DeBeque Phacelia) as**  **Threatened Throughout Their Range**

**AGENCY :**  Fish and Wildlife Service, Interior.

**ACTION :**  Proposed rule.

**SUMMARY :**  We, the U.S. Fish and Wildlife Service (Service), propose to list Ipomopsis polyantha (Pagosa skyrocket), a plant species from southwestern Colorado, as endangered throughout its range, and Penstemon debilis (Parachute beardtongue) and Phacelia submutica (DeBeque phacelia), two plant species from western Colorado, as threatened throughout their ranges under the Endangered Species Act of 1973, as amended (Act). This proposal, if made final, would extend the Act’s protections to these species throughout their ranges. The Service seeks data and comments from the public on this proposal.

**DATES :**  We will consider comments received or postmarked on or before August 23, 2010. We must receive requests for public hearings, in writing, at the address shown in the **FOR FURTHER**
**INFORMATION CONTACT** section by August 9, 2010.

**ADDRESSES :**  You may submit comments by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-R6-ES-2010-0015.

• U.S. mail or hand-delivery: Public Comments Processing, Attn: [FWS-R6- ES-2010-0015]; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203.

We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

**FOR FURTHER INFORMATION CONTACT :**  Patty Gelatt, Acting Western Colorado Supervisor, U.S. Fish and Wildlife Service, Ecological Services Field Office, 764 Horizon Drive, Building B, Grand Junction, CO 81506-3946; telephone 970-243-2778, extension 26; fax 970-245-6933. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

**SUPPLEMENTARY INFORMATION :** 
Public Comments

We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other government agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek comments concerning:

(1) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and regulations that may be addressing those threats;

(2) Additional information concerning the range, distribution, and population sizes of these species, including the locations of any additional occurrences of these species;

(3) Any information on the biological or ecological requirements of these species;

(4) Current or planned activities in the areas occupied by these species and possible impacts of these activities on these species;

(5) Which areas would be appropriate as critical habitat for these species and why they should be proposed for designation as critical habitat; and

(6) The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq. ), including whether the benefits of designation would outweigh threats to these species that designation could cause, such that the designation of critical habitat is prudent.

You may submit your comments and materials concerning this proposed rule by one of the methods listed in the

**ADDRESSES** section. We will not consider comments sent by e-mail or fax or to an address not listed in the

**ADDRESSES** section.

We will post your entire comment— including your personal identifying information—on http:// www.regulations.gov. If you provide personal identifying information in your hardcopy comments, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will