11858 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

Subchapter D—Permit Renewals 

* * * * * * * 

Section 116.313 .. Renewal Application Fees ...................................................... 8/20/2003 3/20/2009 [Insert FR 

page number where 

document begins]. 

* * * * * * * 

Subchapter F—Standard Permits 

* * * * * * * 

Section 116.614 .. Standard Permit Fees ............................................................ 9/25/2002 3/20/2009 [Insert FR 

page number where 

document begins]. 

* * * * * * * 

* * * * * 

[FR Doc. E9–5835 Filed 3–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2004–0490; FRL–8784–4] 

RIN 2060–AO23 

Standards of Performance for 

Stationary Combustion Turbines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on amendments to the sulfur 

dioxide air emission standards for 

stationary combustion turbines that 

burn biogas (landfill gas, digester gas, 

etc.). Without these amendments, 

owners/operators of new stationary 

combustion turbines burning biogas 

containing relatively low amounts of 

sulfur-containing compounds will be 

required to install pretreatment facilities 

to remove the sulfur compounds prior to 

combustion or to install post 

combustion controls to lower sulfur 

dioxide emissions. It was not EPA’s 

intent to require the use of either of 

these approaches, and the costs 

associated with either approach are 

substantially greater than the 

environmental benefit resulting from the 

decrease in sulfur dioxide emissions. 

DATES: This direct final rule is effective 

on May 19, 2009 without further notice, 

unless EPA receives relevant adverse 

comment by April 20, 2009. If EPA 

receives relevant adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the amendments in this rule will 

not take effect. 

ADDRESSES: Comments: Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2008–0748 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: a-and-r-docket@epa.gov 

and fellner.christian@epa.gov. 

3. Facsimile: (202) 566–9744. 

4. Mail: U.S. Postal Service, send 

comments to: Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

5. Hand Delivery: Deliver in person or 

by courier to: EPA Docket Center, Public 

Reading Room, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460. 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–OAR–2084– 

0748. 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. This includes any 

personal information provided, unless 

the comment contains 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. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0748. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then electronically identify within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11859 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

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 

comment 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 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. For additional information 

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. 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 either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the National Emission Standards for 

Hazardous Air Pollutants for Four Area 

Source Categories Docket, EPA/DC, 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 Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christian Fellner, Energy Strategies 

Group, Sector Policies and Programs 

Division (D243–01), U.S. EPA, Research 

Triangle Park, NC 27711, telephone 

number (919) 541–4003, facsimile 

number (919) 541–5450, electronic mail 

(e-mail) address: 

fellner.christian@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Why is EPA using a direct final rule? 

II. Does this action apply to me? 

III. Where can I get a copy of this document? 

IV. Why are we amending the rule? 

V. What amendments are we making to the 

rule? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Why is EPA using a direct final rule? 

We are publishing the rule without a 

prior proposed rule because we view 

this as a non-controversial action and 

anticipate no adverse comment. As 

explained below, this action amends the 

sulfur dioxide emission limit for the 

stationary combustion turbine new 

source performance standards, subpart 

KKKK of 40 CFR part 60, to account for 

the lower heating value of biogas 

relative to distillate oil. Without these 

amendments, the rule will require 

owners/operators of new stationary 

combustion turbines burning biogas 

containing relatively low concentrations 

of sulfur-containing compounds to 

either install pretreatment facilities to 

remove the sulfur from the gas prior to 

combustion or post combustion controls 

to lower sulfur dioxide emissions. This 

requirement is problematic for a number 

of reasons. First, we did not intend this 

outcome. Second, since the outcome 

was not intended, it was not reflected in 

the proposed rule (70 FR 3814) thereby 

depriving people of a meaningful 

opportunity to comment on the 

requirement. Third, we have concluded 

that the costs associated with either of 

these options are substantially greater 

than any environmental benefit 

resulting from the decrease in sulfur 

dioxide emissions. 

If we receive relevant adverse 

comment on this direct final rule, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the amendments in this rule will 

not take effect. Any parties interested in 

commenting must do so at this time. 

II. Does this action apply to me? 

The categories and entities potentially 

regulated by this direct final rule 

include, but are not limited to, the 

following: 

Category NAICS1 Examples of regulated entities 

Industry ...................................................................... 2211 Electric services. 

486210 Natural gas transmission. 

211111 Crude petroleum and natural gas. 

211112 Natural gas liquids. 

221 Electric and other services, combined. 

1 North American Industry Classification System (NAICS) code. 

III. Where can I get a copy of this 

document? 

In addition to the docket, an 

electronic copy of this final action will 

be available on the Worldwide Web 

(WWW) through the Technology 

Transfer Network (TTN). Following 

signature, a copy of this final action will 

be posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

IV. Why are we amending the rule? 

The proposal for subpart KKKK (70 

FR 8314) included a fuel-based sulfur 

dioxide (SO2) limit of 500 parts per 

million by weight (ppmw) sulfur. The 

rule, as adopted, (71 FR 38482) contains 

a fuel-based SO2 limit of 0.060 pounds 

per million British thermal units (lb/ 

MMBtu). The adopted SO2 limit was 

based on the potential SO2 emissions 

rate of natural gas containing 20 grains 

of sulfur per 100 standard cubic feet and 

500 ppmw sulfur distillate oil. The 

change from a fuel-based limit to a 

11860 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

potential SO2 emission rate was not 

intended to substantially change the 

stringency of the standard. However, 

fuels with low energy density, such as 

biogas, have a higher potential SO2

emission rate relative to the sulfur 

concentration in the fuel because of 

their lower heating value. As a result, 

this change in format is causing 

difficulties for owners/operators of new 

stationary combustion turbines planning 

to burn landfill gas. We did not intend, 

in adopting the rule, to require biogas 

projects (landfill gas, digester gas, etc.) 

burning fuel with less than 500 ppmw 

sulfur, but having a potential SO2

emission rate of greater than 0.060 lb/ 

MMBtu due to the low heating value of 

the gas, to install an SO2 control device. 

Much of the biogas generated in the 

United States has a potential SO2

emissions rate of less than 0.060 lb/ 

MMBtu; however, this is not true in all 

cases. It was not our intent to require 

owners/operators of biogas projects 

containing higher, but still moderate, 

amounts of sulfur-containing 

compounds to install additional 

controls. The control requirement was 

not supported by our impacts analysis 

or by public comments received on the 

proposal. Furthermore, the costs 

associated with installing and operating 

any such controls substantially 

outweigh any environmental benefits 

resulting from lower sulfur emissions. 

Most of stationary combustion turbine 

projects burning biogas are small 

sources of criteria pollutant emissions 

and produce less than 10 megawatts of 

power. Biogas projects that use 

moderate amounts of sulfur-containing 

compounds would have less attractive 

economic returns if required to achieve 

an emissions rate of 0.060 lb SO2/ 

MMBtu due to the substantial costs 

associated with installing and operating 

the necessary controls and may be 

cancelled. Unless an alternate use for 

biogas is found, it is often flared or 

directly vented to the atmosphere. 

Stationary combustion turbines that 

burn biogas have comparable emissions 

to landfill flares and have the added 

benefit of using an opportunity fuel that 

would otherwise be wasted, thereby 

reducing emissions. Accordingly, we are 

concerned that requiring biogas burning 

units to comply with the 0.060 lb SO2/ 

MMBtu standard will result in a worse 

environmental outcome and will waste 

energy resources and thus would not 

constitute best demonstrated technology 

for such units. 

V. What amendments are we making to 

the rule? 

As currently written, § 60.4330(a)(2) 

requires owners/operators of stationary 

combustion turbines burning biogas 

containing more than approximately 

180 ppm hydrogen sulfide (H2S) to 

install SO2 controls, which was neither 

proposed nor intented. To remedy this, 

we are establishing a new subcategory 

for owners/operators of stationary 

combustion turbines burning over fifty 

percent biogas. The new subcategory 

will have an SO2 limit of 0.15 lb/MMBtu 

(closer to the original fuel-based 500 

ppm sulfur limit) for new units, i.e., 

those for which construction, 

reconstruction, or modification is 

commenced after the effective date of 

this rule, and units presently subject to 

subpart KKKK. We are also adding a 

definition for biogas. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

proposed amendments result in no 

changes to the information collection 

requirements of the existing standards 

of performance and will have little or no 

impact on the information collection 

estimate of projected cost and hour 

burden made and approved by the 

Office of Management and Budget 

(OMB) during the development of the 

existing standards of performance. 

Therefore, the information collection 

requests have not been amended. 

However, OMB has previously approved 

the information collection requirements 

contained in the existing regulations 

(subpart KKKK, 40 CFR part 60) under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and has assigned OMB control number 

2060–0582 (ICR 2177.02). The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of the proposed amendments on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this direct final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

Although this direct final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. If 

adopted, the amended sulfur dioxide 

limit for owners and operators of 

turbines burning biogas will reduce the 

compliance burden of the rule. 

Therefore, EPA has concluded that 

this direct final rule will relieve 

regulatory burden for all affected small 

entities. 

D. Unfunded Mandates Reform Act 

This direct final rule reduces burden 

and does not contain a Federal mandate 

that may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

the private sector in any 1 year. Thus, 

this direct final rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

This direct final rule is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. If adopted, the amended 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11861 

sulfur dioxide limit for owners and 

operators of turbines burning biogas will 

reduce the regulatory burden for small 

governments that own or operate 

stationary combustion turbines burning 

biogas. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This direct final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This direct final 

rule will not impose substantial direct 

compliance costs on State or local 

governments; it will not preempt State 

law. Thus, Executive Order 13132 does 

not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). EPA is not aware of any 

stationary combustion turbine owned by 

an Indian tribe. In the event that an 

Indian tribe does own a stationary 

combustion turbine burning biogas, the 

amendments will benefit the tribe to the 

same extent as any other owner/ 

operator. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it is based solely 

on technology performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities, unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by VCS bodies. The NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency does not use available and 

applicable VCS. 

These direct final rule amendments 

do not involve technical standards as 

defined in the NTTAA. Therefore, this 

direct final rule is not subject to 

NTTAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practical and permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this direct 

final rule will not have 

disproportionately high adverse human 

health or environmental effects on 

minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population including any 

minority or low-income population. In 

the absence of the proposed 

amendments, the biogas would likely 

either be flared or combusted in 

reciprocating internal combustion 

engines. Emissions from either of these 

options would be similar or higher than 

the proposed amended limits for 

stationary combustion turbines burning 

biogas. 

K. Congressional Review Act 

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. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the direct 

final rule in the Federal Register. The 

direct final rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). The direct 

final rule is effective May 19, 2009. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Sulfur oxides. 

Dated: March 16, 2009. 

Lisa Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I, part 60, of 

the Code of Federal Regulations is 

amended as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart KKKK—[AMENDED] 

■ 2. Section 60.4330 is amended by 

revising paragraph (a) to read as follows: 

§ 60.4330 What emission limits must I 

meet for sulfur dioxide (SO2)? 

(a) If your turbine is located in a 

continental area, you must comply with 

either paragraph (a)(1), (a)(2), or (a)(3) of 

this section. If your turbine is located in 

Alaska, you do not have to comply with 

the requirements in paragraph (a) of this 

section until January 1, 2008. 

(1) You must not cause to be 

discharged into the atmosphere from the 

subject stationary combustion turbine 

any gases which contain SO2 in excess 

of 110 nanograms per Joule (ng/J) (0.90 

pounds per megawatt-hour (lb/MWh)) 

gross output; 

11862 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

(2) You must not burn in the subject 

stationary combustion turbine any fuel 

which contains total potential sulfur 

emissions in excess of 26 ng SO2/J 

(0.060 lb SO2/MMBtu) heat input. If 

your turbine simultaneously fires 

multiple fuels, each fuel must meet this 

requirement; or 

(3) For each stationary combustion 

turbine burning at least 50 percent 

biogas on a calendar month basis, as 

determined based on total heat input, 

you must not cause to be discharged 

into the atmosphere from the affected 

source any gases that contain SO2 in 

excess of 65 ng SO2/J (0.15 lb SO2/ 

MMBtu) heat input. 

* * * * * 

■ 3. Section 60.4420 is amended by 

adding the definition of ‘‘Biogas’’ in 

alphabetical order to read as follows: 

§ 60.4420 What definitions apply to this 

subpart? 

* * * * * 

Biogas means gas produced by the 

anaerobic digestion or fermentation of 

organic matter including manure, 

sewage sludge, municipal solid waste, 

biodegradable waste, or any other 

biodegradable feedstock, under 

anaerobic conditions. Biogas is 

comprised primarily of methane and 

CO2. 

* * * * * 

[FR Doc. E9–6163 Filed 3–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1987–0002; FRL–8784–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Partial Deletion of the 

Griffiss Air Force Base Superfund Site 

from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 announces the 

deletion of approximately 2,900 acres of 

property (identified in more detail 

below) of the Griffiss Air Force Base 

Superfund Site (Site) located in Rome, 

New York, from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended (CERCLA), is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the soil and 

groundwater of 23 parcels at the Site. 

All other properties at Griffiss Air Force 

Base (GAFB) will remain on the NPL 

and are not being considered for 

deletion as part of this action. The EPA 

and the State of New York, through the 

New York State Department of 

Environmental Conservation, have 

determined that, with regard to the 

specified properties at the GAFB Site 

(i.e., the soil and groundwater beneath), 

either no significant threat to public 

health or the environment exists or all 

appropriate response actions, other than 

operation, maintenance, and five-year 

reviews, have been implemented such 

that they no longer pose a significant 

threat to public health or the 

environment. 

DATES: Effective Date: This action is 

effective March 20, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1987–0002. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866, Phone: (212) 637– 

4308, Hours: Monday to Friday from 

9 a.m. to 5 p.m., and 

Griffiss Business and Technology Park, 

Information Repository/ 

Administrative File, 153 Brooks Road, 

Rome, NY 13441, (315) 356–0810, 

Hours: Please call to determine hours 

of operation and whether an 

appointment is needed. 

FOR FURTHER INFORMATION CONTACT: 

Douglas M. Pocze, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, Emergency and 

Remedial Response Division, 290 

Broadway, New York, NY, 10007–1866, 

(212) 637–4432, e-mail: 

pocze.doug@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

properties to be deleted from the NPL 

(23 parcels) are listed below: 

Acres 

1. Property A1A—Airfield ............. 1324.45 

2. Building 750—Former Air Force 

Special Investigations ............... 4.07 

3. Central Heating Plant ............... 17.78 

4. Parcel F1 .................................. 61.40 

5. Parcel F2 .................................. 88.37 

6. Electrical Power Substation ..... 3.20 

7. Parcel F3A ................................ 75.99 

8. Parcel F3B ................................ 14.04 

9. Parcel F4A ................................ 107.59 

10. Parcel F4C ............................. 56.96 

11. Parcel F6A .............................. 52.20 

12. Parcel F7NR ........................... 52.09 

13. Parcel F7R ............................. 223.75 

14. Parcel F8 Housing .................. 69.22 

15. Parcel F9A .............................. 135.25 

16. Parcel F9B .............................. 64.99 

17. Parcel F10A ............................ 11.05 

18. Parcel F10B ............................ 275.82 

19. Parcel F11A Housing ............. 152.56 

20. Parcel F11C ........................... 4.24 

21. Parcel F11D ........................... 45.23 

22. Parcel F12A ............................ 41.82 

23. MGC—Mohawk Glen Club ..... 15.13 

These properties were identified in 

the Notice of Intent for Partial Deletion 

for this Site published in the Federal 

Register on December 19, 2008. 

Additional information can also be 

found on the Air Force’s Web site at 

http://www.griffiss.com. In the Notice of 

Intent for Partial Deletion, EPA 

requested public comment on the 

proposed NPL partial deletion by 

January 20, 2009. No public comments 

were received and therefore EPA has no 

information which leads it to believe 

that the partial deletion action is 

inappropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.