24478 Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2007–0478, FRL–9300–5] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Fuels and Fuel Additives: 

Gasoline Volatility (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) 

(44 U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to renew an 

existing approved collection. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before June 1, 2011. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2007–0478, to (1) EPA online 

using http://www.regulations.gov (our 

preferred method), by e-mail to a-andr-docket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket, Mail Code: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, and (2) OMB by mail to: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

James W. Caldwell, Office of 

Transportation and Air Quality, Mail 

Code: 6406J, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9303; fax number: 

(202) 343–2801; e-mail address: 

caldwell.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On November 30, 2010 (75 FR 74044), 

EPA sought comments on this ICR 

pursuant to 5 CFR 1320.8(d). EPA 

received no comments. Any additional 

comments on this ICR should be 

submitted to EPA and OMB within 

30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OAR–2007–0478, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Air and Radiation Docket 

in the EPA Docket Center (EPA/DC), 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC 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 

Reading Room is 202–566–1744, and the 

telephone number for the Air and 

Radiation Docket is 202–566–1742. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Regulation of Fuels and Fuel 

Additives: Gasoline Volatility 

(Renewal). 

ICR numbers: EPA ICR No. 1367.09, 

OMB Control No. 2060–0178. 

ICR Status: This ICR is scheduled to 

expire on May 31, 2011. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. An Agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

and are displayed either by publication 

in the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: Gasoline volatility, as 

measured by Reid Vapor Pressure (RVP) 

in pounds per square inch (psi), is 

controlled in the spring and summer in 

order to minimize evaporative 

hydrocarbon emissions from motor 

vehicles. RVP is subject to a Federal 

standard of 7.8 psi or 9.0 psi, depending 

on location. The addition of ethanol to 

gasoline increases the RVP by about 1 

psi. 

Gasoline that contains 9 volume 

percent to 10 volume percent ethanol is 

subject to a standard that is 1.0 psi 

greater. As an aid to industry 

compliance and EPA enforcement, the 

Product Transfer Document (PTD), 

which is prepared by the producer or 

importer and which accompanies a 

shipment of gasoline containing 

ethanol, is required by regulation to 

contain a legible and conspicuous 

statement that the gasoline contains 

ethanol and the percentage 

concentration of ethanol. This is 

intended to deter the mixing within the 

distribution system, particularly in 

retail storage tanks, of gasoline which 

contains ethanol in the 9 to 10 percent 

range with gasoline which does not 

contain ethanol in that range. Such 

mixing would likely result in a gasoline 

which is in violation of its RVP 

standard. Also, a party wishing a testing 

exemption for research on gasoline that 

is not in compliance with the applicable 

volatility standard, must submit certain 

information to EPA. EPA has proposed 

additional PTD requirements for 

gasoline containing ethanol at 75 FR 

68044 (November 4, 2010). Those 

requirements will be addressed in a 

separate ICR. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average less than one 

minute. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: Parties 

which produce or import gasoline 

containing ethanol, and parties seeking 

a testing exemption. 

Estimated Number of Respondents: 

2,000. 

Frequency of Response: On occasion. 

Estimated Total Annual Hour Burden: 

12,330. 

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Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Notices 24479 

Estimated Total Annual Cost: 

$1,356,320, includes $20 in annualized 

capital or O&M costs. 

Changes in the Estimates: There is a 

decrease of 1,667 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This decrease reflects EPA’s 

updating of burden estimates. The 

decrease is due to an increase in 

computer-generated product transfer 

documents. 

Dated: April 25, 2011. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2011–10425 Filed 4–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9300–9] 

In the Matter of the Taylor Lumber and 

Treating Superfund Site, Sheridan, 

Oregon, Amendment to Agreement and 

Covenant Not To Sue, Pacific Wood 

Preserving of Oregon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: This Amendment to 

Agreement and Covenant Not to Sue 

(‘‘Amendment’’) amends the 2002 

Agreement and Covenant Not To Sue, 

Docket CERCLA–10–2002–0034 

(‘‘Original Agreement’’), entered into by 

and between the United States on behalf 

of the U.S. Environmental Protection 

Agency (‘‘EPA’’) and Pacific Wood 

Preserving of Oregon (‘‘PWPO’’). In 

accordance with the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, 42 

U.S.C. 9601 et seq. (‘‘CERCLA’’), notice 

is hereby given of the proposed 

Agreement between the EPA and PWPO, 

subject to the final review and approval 

of the EPA and the U.S. Department of 

Justice. 

The 2002 Original Agreement with 

PWPO provided a covenant not to sue 

for response costs at the Taylor Lumber 

and Treating Site, which PWPO was 

acquiring, in exchange for several 

obligations related to site operation and 

a commitment not to use certain 

hazardous products, including 

pentachlorophenol, at the Site. This 

Amendment removes the restriction on 

pentachlorophenol use and extends 

PWPO’s commitment to collect and treat 

groundwater and maintain the asphalt 

cap until January 31, 2022, or for as long 

as PWPO owns or operates on the 

Property, whichever is later. This 

Amendment includes additional 

commitments including submittal of 

annual environmental audit reports; 

implementation of institutional 

controls; payment of EPA future 

oversight costs; and, a revised Statement 

of Work for future work to be performed 

by PWPO. 

DATES: Comments must be received on 

or before May 16, 2011. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

U.S. EPA Region 10 office, located at 

1200 Sixth Avenue, Seattle, Washington 

98101. A copy of the proposed 

settlement may be obtained from Sharon 

Eng, Paralegal, U.S. EPA Region 10, 

Mail Stop ORC–158, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101; 206–553–0705. Comments 

should reference the Taylor Lumber and 

Treating Superfund Site in Sheridan, 

Oregon, EPA Docket No. CERCLA–10– 

2002–0034 and should be addressed to 

Jennifer Byrne, Assistant Regional 

Counsel, U.S. EPA Region 10, Mail Stop 

ORC–158, 1200 Sixth Avenue, Suite 

900, Seattle, Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Byrne, Office of Regional 

Counsel, Mail Stop: ORC–158, 

Environmental Protection Agency, 1200 

Sixth Avenue, Suite 900, Seattle, WA, 

98101; telephone number: 206–553– 

0050; fax number: 206–553–0163; email address: byrne.jennifer@epa.gov. 

Dated: April 25, 2011. 

Daniel D. Opalski, 

Director, Office of Environmental Cleanup. 

[FR Doc. 2011–10567 Filed 4–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

DEPARTMENT OF DEFENSE 

Deaprtment of the Army, Corps of 

Engineers 

[EPA–HQ–OW–2011–0409; FRL–9300–6] 

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 of availability and 

request for comments. 

SUMMARY: The Environmental Protection 

Agency (EPA) and the U.S. Army Corps 

of Engineers (the Corps) are publishing 

for public comment proposed guidance 

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 

agencies believe that under this 

proposed guidance the number of 

waters identified as protected by the 

Clean Water Act will increase compared 

to current practice and this 

improvement will aid in protecting the 

Nation’s public health and aquatic 

resources. 

The proposed guidance is consistent 

with the principles established by the 

Supreme Court cases and is supported 

by the agencies’ scientific 

understanding of how waterbodies and 

watersheds function. 

In addition, the agencies believe that 

when the revised guidance is finalized 

and goes into effect, it will improve 

CWA program predictability and clarity 

regarding the scope of ‘‘waters of the 

United States’’ protected under the Act 

and that this improvement will have 

benefits for both the government and 

regulated parties. When finalized, this 

guidance would supersede previously 

issued guidance on this matter. This 

guidance will apply to all CWA 

programs, including section 303 water 

quality standards, section 311 oil spill 

prevention and response, section 401 

water quality certification, section 402 

National Pollutant Discharge 

Elimination System permits, and section 

404 permits for discharges of dredged or 

fill material. The agencies seek public 

comment on all aspects of the proposed 

guidance, including interpretations and 

scientific underpinnings. 

In addition to this guidance, the 

agencies expect to propose revisions of 

existing regulations to further clarify 

which waters are subject to CWA 

jurisdiction, consistent with the 

Supreme Court’s decisions. Public 

comment on any such revisions will be 

requested at the time they are proposed. 

DATES: Comments must be received on 

or before July 1, 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. 

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