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. 


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

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 


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