47004 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0656] 

Safety Zone; Pyro Spectaculars for 

USS MIDWAY Museum, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Pyro Spectaculars USS MIDWAY 

Museum firework display safety zone on 

August 28, 2014. This marine event 

occurs on the navigable waters of San 

Diego Bay, immediately to the west of 

the USS MIDWAY, in San Diego, 

California. This action is necessary to 

provide for the safety of the 

participants, crew, spectators, safety 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. 

DATES: The regulations for the marine 

event listed in the Table to 33 CFR 

165.1123(6) will be enforced on August 

28, 2014 from 9 p.m. to 9:30 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7261, email 

Giacomo.Terrizzi@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

San Diego Bay for the Pyro Spectacular, 

Inc for USS MIDWAY Museum 

fireworks display in 33 CFR 165.1123, 

Table 1, Item 6 from 9:00 p.m. to 9:30 

p.m. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the 600 

foot regulated area safety zone that 

includes the tug and barge unless 

authorized by the Captain of the Port, or 

his designated representative. Persons 

or vessels desiring to enter into or pass 

through the safety zone may request 

permission from the Captain of the Port 

or a designated representative. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

designated representative. Spectator 

vessels may safely transit outside the 

regulated area, but may not anchor, 

block, loiter, or impede the transit of 

participants or official patrol vessels or 

commercial traffic within the federal 

channel. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in patrol and 

notification of this regulation. 

This notice is issued under authority 

of 5 U.S.C. 552 (a) and 33 CFR 165.1123. 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and local 

advertising by the event sponsor. If the 

Captain of the Port Sector San Diego or 

his designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated on this notice, he or she may use 

a Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: July 25, 2014. 

S.M. Mahoney, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2014–19064 Filed 8–11–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0511; FRL–9915– 

006–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Removal of Two Operating Permits and 

a Consent Agreement for the Potomac 

River Generating Station From the 

State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The revision 

removes from the Virginia SIP 

references to two operating permits and 

a consent agreement for GenOn Potomac 

River, LLC’s Potomac River Generating 

Station (Potomac River), which was 

formerly owned by Potomac Electric 

Power Company. Potomac River has 

permanently shut down; therefore, the 

permits and consent agreement are no 

longer applicable and are being removed 

from the Virginia SIP. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on October 

14, 2014 without further notice, unless 

EPA receives adverse written comment 

by September 11, 2014. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0511 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0511, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2014– 

0511. 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 email. 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 


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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 47005 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1979, EPA promulgated the 1-hour 

0.12 parts per million (ppm) groundlevel ozone national ambient air quality 

standard (NAAQS). See 44 FR 8202 

(Feb. 8, 1979). The Northern Virginia 

portion, consisting of the counties of 

Arlington, Fairfax, Loudoun, Prince 

William, and Stafford and the cities of 

Alexandria, Fairfax, Falls Church, 

Manassas, and Manassas Park in 

Virginia was originally classified as part 

of the Metropolitan Washington, DC– 

MD–VA serious nonattainment area (the 

Washington Area). See 40 CFR 81.347. 

On January 24, 2003 (68 FR 3411), EPA 

determined that the Washington Area 

failed to attain the 1-hour ozone 

NAAQS by November 15, 1999, as 

required by section 181(a) of the CAA, 

and the Washington Area was 

reclassified to a severe ozone 

nonattainment area pursuant to section 

181(b)(2) of the CAA. 

As a result of the Washington Area’s 

classification, each state, including the 

Commonwealth of Virginia, was 

required to submit a SIP demonstrating 

how attainment of the NAAQS would be 

met. In order to demonstrate attainment, 

the Commonwealth of Virginia 

implemented state-specific controls 

with the goal of limiting emissions of 

nitrogen oxides (NOX) from the area’s 

electric utility plants to 0.15 pounds per 

million British Thermal Units (BTUs) of 

heat (fuel) input to the boilers. As a 

coal-fired electric generating facility that 

emitted volatile organic compounds 

(VOCs) and NOX, Potomac River, 

located in Alexandria, Virginia, was 

identified as a source subject to control, 

and a state operating permit was created 

as a vehicle for implementing the 

control measure. EPA approved this 

permit into the SIP on December 14, 

2000 (65 FR 78100). 

Potomac River was also identified as 

a source subject to reasonably available 

control technology (RACT) 

requirements. EPA defines RACT as 

‘‘the lowest emission limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility.’’ 

See 44 FR 53761 (Sept. 17, 1979). In 

order to ensure compliance with the 

RACT requirements for the control of 

VOCs, a state operating permit was 

issued by the Commonwealth of 

Virginia Department of Environmental 

Quality (VADEQ) for Potomac River and 

approved by EPA into the SIP on 

January 2, 2001 (66 FR 8). In order to 

ensure compliance with the RACT 

requirements for the control of NOX, a 

consent agreement was entered between 

Virginia and the owner of Potomac 

River and approved by EPA into the SIP 

on January 2, 2001 (66 FR 8). 

II. Summary of SIP Revision 

On May 10, 2013, VADEQ submitted 

a formal revision to its SIP. The SIP 

revision consists of a request by the 

Commonwealth to remove from the 

Virginia SIP the two operating permits 

and consent agreement discussed above 

for Potomac River. On December 21, 

2012, GenOn Potomac River, LLC and 

VADEQ signed a mutual determination 

of permanent shutdown of the 

Alexandria, Virginia facility. The SIP 

submission includes a copy of the 

signed determination which: (1) 

Mutually agrees that the source is 

permanently shutdown, (2) establishes 

that all permits for the source in 

accordance with 9VAC5–20–220 are 

revoked, (3) removes the source from 

the air emissions inventory, and (4) 

establishes that any future operations 

must be in accordance with Virginia’s 

Prevention of Significant Deterioration 

(PSD) permit program pursuant to 

9VAC5 Chapter 80. If Potomac River 

should resume operation in the future, 

VADEQ may be required at that time to 

revise its SIP as appropriate. 

III. Final Action 

EPA is approving the May 10, 2013 

submittal from VADEQ that removes 

from the Virginia SIP the two operating 

permits and consent agreement for 

Potomac River because the source has 

permanently shutdown and all of the 

source’s permits are revoked. EPA 

believes this revision will not interfere 

with Virginia’s attainment or 

maintenance of any NAAQS. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

October 14, 2014 without further notice 

unless EPA receives adverse comment 

by September 11, 2014. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 


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47006 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

Law, Va. Code § 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts. . . .’’ The opinion 

concludes that ‘‘[r]egarding § 10.1–1198, 

therefore, documents or other 

information needed for civil or criminal 

enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code Sec. 

10.1–1199, provides that ‘‘[t]o the extent 

consistent with requirements imposed 

by Federal law,’’ any person making a 

voluntary disclosure of information to a 

state agency regarding a violation of an 

environmental statute, regulation, 

permit, or administrative order is 

granted immunity from administrative 

or civil penalty. The Attorney General’s 

January 12, 1998 opinion states that the 

quoted language renders this statute 

inapplicable to enforcement of any 

Federally authorized programs, since 

‘‘no immunity could be afforded from 

administrative, civil, or criminal 

penalties because granting such 

immunity would not be consistent with 

Federal law, which is one of the criteria 

for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 14, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. 

This action to remove the two 

operating permits and a consent 

agreement for Potomac River from the 

Virginia SIP may not be challenged later 

in proceedings to enforce its 

requirements. See section 307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 


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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 47007 

Dated: July 29, 2014. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

§ 52.2420 [Amended] 

■ 2. In § 52.2420, the table in paragraph 

(d) is amended by removing the three 

entries entitled ‘‘Potomac Electric Power 

Company (PEPCO)-Potomac River 

Generating Station [Permit to Operate]’’, 

‘‘Potomac Electric Power Company 

(PEPCO)—Potomac River Generating 

Station [Consent Agreement]’’, and 

‘‘Potomac Electric Power Company 

(PEPCO)—Potomac River Generating 

Station’’. 

[FR Doc. 2014–18930 Filed 8–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL 9914– 

92–Region 8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan: Partial 

Deletion of the California Gulch 

Superfund Site National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 8 is 

publishing a direct final Notice of 

Partial Deletion of Operable Unit 4, 

(OU4) Upper California Gulch; Operable 

Unit 5 (OU5), ASARCO Smelters/Slag/

Mill Sites; and Operable Unit 7 (OU7), 

Apache Tailing Impoundment, of the 

California Gulch Superfund Site (Site), 

located in Lake County, Colorado, from 

the National Priorities List (NPL). 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). This direct 

final partial deletion is being published 

by EPA with the concurrence of the 

State of Colorado (State), through the 

Colorado Department of Public Health 

and Environment (CDPHE) because EPA 

has determined that all appropriate 

response actions at OU4, OU5 and OU7 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

partial deletion does not preclude future 

actions under Superfund. 

This partial deletion pertains to all of 

OU4, OU5 and OU7. Operable Unit 2 

(OU2), Malta Gulch Tailing 

Impoundments and Lower Malta Gulch 

Fluvial Tailing; Operable Unit 8 (OU8), 

Lower California Gulch; Operable Unit 

9 (OU9), Residential Populated Areas; 

and Operable Unit 10 (OU10), Oregon 

Gulch, were previously partially deleted 

from the NPL. Operable Unit 1 (OU1), 

the Yak Tunnel; Operable Unit 3 (OU3), 

D&RGW Slag Piles and Easement; 

Operable Unit 6 (OU6), Stray Horse 

Gulch; Operable Unit 11 (OU11), 

Arkansas River Floodplain; and 

Operable Unit 12 (OU12), Site-wide 

Surface and Groundwater Quality, are 

not being considered for deletion as part 

of this action and will remain on the 

NPL. 

DATES: This direct final partial deletion 

is effective October 14, 2014 unless EPA 

receives adverse comments by 

September 11, 2014. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final partial deletion in the 

Federal Register informing the public 

that the partial deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-Mail: Linda Kiefer, kiefer.linda@

epa.gov. 

• Fax: (303) 312–7151. 

• Mail: Linda Kiefer, Remedial 

Project Manager, Environmental 

Protection Agency, Region 8, Mail Code 

8EPR–SR, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 

• Hand Delivery: Environmental 

Protection Agency, Region 8, Mail Code 

8EPR–SR, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 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–1983– 

0002. 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 email. 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 email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

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 statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically in 

http://www.regulations.gov; by calling 

EPA Region 8 at (303) 312–7279 and 

leaving a message; and at the Lake 

County Public Library, 1115 Harrison 

Avenue, Leadville, CO 80461, (719) 

486–0569, Monday and Wednesday 

from 10:00 a.m.–8:00 p.m., Tuesday and 

Thursday from 10:00 a.m.–5:00 p.m., 

and Friday and Saturday 1:00 p.m.–5:00 

p.m. 

FOR FURTHER INFORMATION CONTACT: 

Linda Kiefer, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 8, Mailcode EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6689, email: 

kiefer.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 


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