Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 53179 

If we receive no adverse comment, we 

will not take further action on this 

proposal rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

will address all public comments in a 

subsequent final rule based on this 

proposed rule. 

We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For the various 

statutes and executive orders that 

require findings for rulemaking, EPA 

incorporates the findings from the direct 

final rulemaking into this companion 

notice for the purpose of providing 

public notice and opportunity for 

comment. For further information, 

please see the information provided in 

the ADDRESSES section of this document. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Antidegradation, Water quality 

standards. 

Dated: September 9, 2008. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E8–21463 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0011; FRL–8715–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent to Delete the 

Berks Landfill Superfund Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is issuing a 

Notice of Intent to Delete the Berks 

Landfill Superfund Site (Site) located in 

Spring Township, Berks County, 

Pennsylvania, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is found 

at Appendix B of 40 CFR part 300 which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). The EPA and the Commonwealth 

of Pennsylvania, through the 

Pennsylvania Department of 

Environmental Protection (PADEP), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under CERCLA. 

DATES: Comments must be received by 

October 15, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1989–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: matzko.kristine@epa.gov. 

• Fax: 215–814–3002, Attn: Kristine 

Matzko (3HS21). 

• Mail: EPA Region III, Attn: Kristine 

Matzko (3HS21), 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

• Hand delivery: EPA Region III, Attn: 

Kristine Matzko (3HS21), 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103. Such deliveries are only 

accepted during business hours, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1989– 

0011. 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 e-mail. 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. 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

Regional Center for Environmental 

Information, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103, 215–814–5254. Business hours 

are Monday through Friday 8 a.m. to 5 

p.m. 

Township of Spring Municipal Office, 

2800 Shillington Road, Reading, 

Pennsylvania 19608, 610–678–5393. 

Business hours are Monday through 

Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Kristine Matzko, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region III, (3HS21) 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103, 215–814–5719, e-mail 

matzko.kristine@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of the Berks Landfill 

Superfund Site without prior Notice of 

Intent to Delete because we view this as 

a noncontroversial revision and 

anticipate no adverse comment. We 

have explained our reasons for this 

deletion in the preamble to the direct 

final Notice of Deletion, and those 

reasons are incorporated herein. If we 

receive no adverse comment(s) on this 

deletion action, we will not take further 

action on this Notice of Intent to Delete. 

If we receive adverse comment(s), we 

will withdraw the direct final Notice of 

Deletion, and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. For additional information, 

see the direct final Notice of Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 


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53180 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 5, 2008. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. E8–21306 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

43 CFR Part 419 

RIN 1006–AA48 

Operation of the Truckee River and 

Other Reservoirs 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Bureau of Reclamation is 

proposing this rule to comply with the 

requirements of the Truckee-CarsonPyramid Lake Water Rights Settlement 

Act. The Settlement Act requires that 

the operating agreement negotiated with 

the States of California and Nevada for 

the operation of Truckee River 

Reservoirs (the five Federal reservoirs in 

the Truckee River basin) be promulgated 

as a Federal Regulation. 

DATES: Comments must be received by 

Reclamation no later than November 14, 

2008. 

ADDRESSES: You may submit comments, 

identified by 1006–AA48, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Search on docket identification number 

BOR–2008–0006 when submitting 

comments on this rule. 

• Mail: Kenneth Parr, Bureau of 

Reclamation, 705 N. Plaza St., Carson 

City, NV 89701. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Parr, Bureau of Reclamation, 

705 N. Plaza St., Carson City, NV 89701; 

telephone (775) 882–3436; or for a copy 

of the TROA, visit the TROA Web site 

at http://www.usbr.gov/mp/troa/. 

SUPPLEMENTARY INFORMATION: Section 

205(a)(2) of the Truckee-Carson-Pyramid 

Lake Water Rights Settlement Act, title 

II of Public Law 101–618, November 16, 

1990 (Settlement Act or Act), directs the 

Secretary of the Interior (Secretary) to 

negotiate an operating agreement that 

must: 

• Satisfy all applicable dam safety 

and flood control requirements; 

• Provide for the enhancement of 

spawning flows available in the Lower 

Truckee River for the Pyramid Lake 

fishery (endangered cui-ui, and 

threatened Lahontan cutthroat trout) in 

a manner consistent with the Secretary’s 

responsibilities under the Endangered 

Species Act, as amended (ESA); 

• Carry out the terms, conditions, and 

contingencies of the Preliminary 

Settlement Agreement between the 

Pyramid Lake Paiute Tribe (Pyramid 

Tribe) and Sierra Pacific Power 

Company (Power Company), as 

modified by the Ratification Agreement 

of the United States (PSA); 

• Ensure that water is stored in and 

released from Truckee River Reservoirs 

to satisfy the exercise of water rights in 

conformance with the Orr Ditch and 

Truckee River General Electric decrees, 

except for any rights voluntarily 

relinquished by the parties to the 

operating agreement; and 

• Minimize the Secretary’s costs 

associated with operation and 

maintenance of Stampede Reservoir. 

The Act further provides that the 

following may be addressed in the 

operating agreement: 

• Administration of the operating 

agreement; 

• Means of assuring compliance with 

PSA; 

• Operations of Truckee River system 

that will not change; 

• Operations and procedures for 

using Federal facilities to meet the 

Secretary’s responsibilities under ESA; 

• Methods of reducing likehood that 

Lake Tahoe will drop below its natural 

rim and improving the efficient use of 

Lake Tahoe during extreme drought 

situations; 

• Procedures for managing and 

operating Federal reservoirs; 

• Procedures for operating Federal 

reservoirs for instream beneficial uses; 

• Operation of non-Federal reservoirs 

in the Truckee River basin to the extent 

owners of affected storage rights become 

parties to the operating agreement; and 

• Procedures and criteria for 

implementing California’s allocation of 

Truckee River water. 

The Truckee River Operating 

Agreement (TROA) will, among other 

things: (1) Enhance conditions for 

threatened and endangered fishes in the 

Truckee River and its tributaries; (2) 

increase municipal and industrial (M&I) 

water supplies to provide drought 

protection for the Truckee Meadows 

(the Cities of Reno and Sparks, Nevada, 

metropolitan area); (3) improve river 

water quality downstream from the City 

of Sparks and below Derby Dam; (4) 

enhance stream flows and recreational 

opportunities in the Truckee River 

basin; and (5) provide procedures for 

implementing the interstate allocation 

of Lake Tahoe basin and Truckee River 

basin waters between Nevada and 

California. While the Settlement Act 

also confirms the allocation of the 

waters of the Carson River and its 

tributaries between California and 

Nevada represented by the Alpine 

Decree, TROA by its terms does not 

affect the Carson River. 

Section 205(a)(9) of the Settlement 

Act requires the Secretary to satisfy the 

requirements of the National 

Environmental Policy Act. Because the 

State of California is a mandatory 

signatory party, it is also necessary to 

comply with the California 

Environmental Quality Act. 

Consequently, the Department of the 

Interior and the California Department 

of Water Resources jointly prepared an 

Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR). 

The Final EIS/EIR concludes that TROA 

will: 

• Provide better conditions for 

threatened Lahontan cutthroat trout and 

endangered cui-ui in many reaches of 

the Truckee River and its tributaries; 

• Provide greater potential for 

enhancing riparian vegetation along 

some reaches of the Truckee River in 

median hydrologic conditions and along 

all mainstem and tributary reaches 

under dry and extremely dry hydrologic 

conditions; and 

• Enhance riparian habitat along 

some mainstem and tributary reaches 

under wet and median hydrologic 

conditions and along most mainstem 

reaches in dry and extremely dry 

hydrologic conditions. 

Section 205(a)(9) also provides that 

the Secretary may not become a party to 

TROA if the Secretary determines that 

the effects of TROA, together with 

cumulative effects, are likely to 

jeopardize any threatened or 

endangered species or be adverse to 

designated critical habitat of such 

species. The Final EIS/EIR concludes 

that implementation of TROA will not 

adversely affect LCT or cui-ui, but in 

fact is likely to benefit both species. The 

U.S. Fish and Wildlife Service has 

concurred in that determination through 

the consultation process required by 

Section 7 of the Endangered Species Act 

of the 1973, as amended, 16 U.S.C. Sec. 

1531 at et seq. 

Since TROA is the result of 

negotiations and agreement among at 

least the five mandatory signatory 

parties and must be promulgated as a 

Federal regulation, the regulation we are 

proposing today would incorporate by 


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