Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58589 

1EPA’s current guidance, entitled Final Guidance 

for EPA Rulewriters: Regulatory Flexibility Act as 

Amended by the Small Business Regulatory 

Enforcement and Fairness Act, was issued in 

November 2006 and is available on EPA’s Web site: 

http://www.epa.gov/sbrefa/documents/ 

rfafinalguidance06.pdf. After considering the 

Guidance and the purpose of CWA general permits, 

EPA concludes that general permits affecting less 

than 100 small entities do not have a significant 

economic impact on a substantial number of small 

entities. 

Subsequent to EPA’s conclusion in 

1998 that general permits are 

adjudications, rather than rules, as 

noted above, the DC Circuit recently 

held that Nationwide general permits 

under section 404 are ‘‘rules’’ rather 

than ‘‘adjudications.’’ Thus, this legal 

question remains ‘‘a difficult one’’ 

(supra). However, EPA continues to 

believe that there is a strong public 

policy interest in EPA applying the 

RFA’s framework and requirements to 

the Agency’s evaluation and 

consideration of the nature and extent of 

any economic impacts that a CWA 

general permit could have on small 

entities (e.g., small businesses). In this 

regard, EPA believes that the Agency’s 

evaluation of the potential economic 

impact that a general permit would have 

on small entities, consistent with the 

RFA framework discussed below, is 

relevant to, and an essential component 

of, the Agency’s assessment of whether 

a CWA general permit would place 

requirements on dischargers that are 

appropriate and reasonable. 

Furthermore, EPA believes that the 

RFA’s framework and requirements 

provide the Agency with the best 

approach for the Agency’s evaluation of 

the economic impact of general permits 

on small entities. While using the RFA 

framework to inform its assessment of 

whether permit requirements are 

appropriate and reasonable, EPA will 

also continue to ensure that all permits 

satisfy the requirements of the Clean 

Water Act. Accordingly, EPA has 

committed to operating in accordance 

with the RFA’s framework and 

requirements during the Agency’s 

issuance of CWA general permits (in 

other words, the Agency has committed 

that it will apply the RFA in its issuance 

of general permits as if those permits do 

qualify as ‘‘rules’’ that are subject to the 

RFA). 

EPA anticipates that for most general 

permits the Agency will be able to 

conclude that there is not a significant 

economic impact on a substantial 

number of small entities. In such cases, 

the requirements of the RFA framework 

are fulfilled by including a statement to 

this effect in the permit fact sheet, along 

with a statement providing the factual 

basis for the conclusion. A quantitative 

analysis of impacts would only be 

required for permits that may affect a 

substantial number of small entities, 

consistent with EPA guidance regarding 

RFA certification.1

Consistent with the above discussion, 

EPA has concluded that the issuance of 

the 2008 DGP would not affect a 

substantial number of small entities. An 

estimated 36 construction projects per 

year were authorized under the 2002 

General Permits, a substantial number of 

which were not operated by small 

entities. The 2008 DGP includes 

expanded coverage for additional types 

of discharges; however, these discharges 

are temporary in nature. At any one 

time, fewer than 100 small entities are 

expected to be discharging and 

incurring costs. In addition, 

requirements in the 2008 DGP remain 

substantially similar to those in the 

2002 General Permit, except for the 

addition of total residual chlorine (TRC) 

limits for discharges from municipal 

sources. Therefore, EPA has concluded 

that the issuance of the 2008 DGP is 

unlikely to have an adverse economic 

impact on small entities. 

Dated: September 30, 2008. 

Robert W. Varney, 

Regional Administrator, Region 1. 

[FR Doc. E8–23791 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8725–7] 

Notice of Meeting of the EPA’s 

Children’s Health Protection Advisory 

Committee (CHPAC) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the provisions of 

the Federal Advisory Committee Act, 

Public Law 92–463, notice is hereby 

given that the next meeting of the 

Children’s Health Protection Advisory 

Committee (CHPAC) will be held 

October 21–23, 2008 at The Churchill 

Hotel, Washington, DC. The CHPAC was 

created to advise the Environmental 

Protection Agency on science, 

regulations, and other issues relating to 

children’s environmental health. 

DATES: The CHPAC will meet on 

Tuesday, October 21, Wednesday, 

October 22, and Thursday, October 23, 

2008 at The Churchill Hotel. 

ADDRESSES: The Churchill Hotel, 1914 

Connecticut Ave NW., Washington DC 

20009, Suite 275. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Hubbard, Child and Aging 

Health Protection Division, USEPA, MC 

1107A, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460, (202) 564– 

2189, hubbard.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

meetings of the CHPAC are open to the 

public. The CHPAC plenary will meet 

on Wednesday, October 22 from 8:30 

a.m. to 5 p.m., and Thursday, October 

23, from 8:30 a.m. to 12:30 p.m. The 

Task Groups will meet Tuesday, 

October 21, from 1 p.m. to 5 p.m. 

Agenda items include a discussion of 

chemicals management policy, a 

presentation about the process for 

producing the next edition of America’s 

Children and the Environment, and a 

discussion on formulating advice on 

children’s health to the EPA 

Administrator following the transition. 

Access and Accommodations: For 

information on access or services for 

individuals with disabilities, please 

contact Carolyn Hubbard at 202–564– 

2189 or hubbard.carolyn@epa.gov. To 

request accommodation of a disability, 

please contact Carolyn Hubbard 

preferably at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Dated: October 1, 2008. 

Carolyn Hubbard, 

Designated Federal Official. 

Draft Agenda 

Tuesday, October 21, 2008 

1 p.m.–5 p.m. Chemicals Management 

Task Group Meeting. 

Wednesday, October 22, 2008: CHPAC 

Plenary Session 

8:30–9 Continental Breakfast and 

Gathering. 

9–9:30 Welcome, Introductions, & 

Agenda Review. 

9:30–10 Highlights of Recent EPA 

Activities. 

10–11 Presentation on ANPR on 

Regulating Greenhouse Gases under 

the Clean Air Act. 

11–11:15 Break. 

11:15–12:15 Review of Chemicals 

Management Comment Letter. 

12:15–1:15 Lunch (on your own). 

1:15–2:45 Panel on America’s Children 

and the Environment. 

2:45–3:30 Revisions to Chemicals 

Management Comment Letter. 

3:30–3:45 Break. 

3:45–4 Presentation on EPA Transition 

process. 

4–5 Public Comment. 

5 Adjourn for the Day. 

mstockstill on PROD1PC66 with NOTICES

58590 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

Thursday, October 23, 2008: CHPAC 

Plenary Session Continued 

8:30–9 Continental Breakfast and 

Gathering. 

9–9:15 Check In and Agenda Review. 

9:15–10:45 Strategic Discussion of 

Potential CHPAC Advice to the New 

Administrator. 

10:45–11 Break. 

11–12 Closure on Chemicals 

Management Comment Letter. 

12–12:30 Wrap Up/Next Steps. 

Objective: Review agreed-upon action 

items and next steps 

• CHPAC Facilitator 

• Carolyn Hubbard, Designated 

Federal Officer 

12:30 Adjourn Plenary. 

[FR Doc. E8–23687 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8721–9] 

Proposed Administrative Cost 

Settlement Under Section 122(h)(1) of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act; In the Matter of the Illinois Power 

Subarea of the Ottawa Radiation Site, 

Ottawa, IL 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 

9622(i), notice is hereby given of a 

proposed administrative settlement for 

recovery of response costs concerning 

the Illinois Power subarea of the Ottawa 

Radiation Superfund Site in Ottawa, 

Illinois with Illinois Power Company 

d/b/a Ameren IP. The settlement 

requires the settling parties to: operate 

and maintain a radon reduction system 

at the property; record a restrictive 

covenant that prohibits interference 

with the building foundations and 

system; agree to use a covenant deed 

that reserves the right for Illinois Power, 

U.S. EPA and the State to enforce the 

restrictive covenant if Illinois Power 

conveys the property; and reimburse 

$35,000 of U.S. EPA’s response costs 

incurred at the Illinois Power subarea. 

In exchange for the payment and work 

performed, the United States covenants 

not to sue or take administrative action 

pursuant to Sections 106, 107 and 122 

of CERCLA, 42 U.S.C. 9606, 9607 and 

9622 for the work and past response 

costs at the Illinois Power subarea of the 

Ottawa Radiation Site. In addition, 

Illinois Power is entitled to protection 

from contribution actions or claims as 

provided by Sections 113(f) and 

122(h)(4) of CERCLA, 42 U.S.C. 9613(f) 

and 9622(h)(4), for the work performed 

and past costs incurred at the Site. 

For thirty (30) days after the date of 

publication of this notice, the Agency 

will receive written comments relating 

to the cost recovery provisions of the 

settlement. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at U.S. EPA’s 

Region 5 Office at 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

DATES: Comments must be submitted on 

or before November 6, 2008. 

ADDRESSES: The proposed settlement is 

available for public inspection at EPA’s 

Record Center, 7th floor, 77 W. Jackson 

Blvd., Chicago, Illinois 60604. A copy of 

the proposed settlement may be 

obtained from Janet Carlson, Associate 

Regional Counsel, U.S. EPA, Mail Code 

C–14J, 77 W. Jackson Blvd., Chicago, 

Illinois 60604, telephone (312) 886– 

6059. Comments should reference the 

Illinois Power subarea of the Ottawa 

Radiation Site, Ottawa, Illinois and EPA 

Docket No. VW08C914, and should be 

addressed to Janet Carlson, Associate 

Regional Counsel, U.S. EPA, Mail Code 

C–14J, 77 W. Jackson Blvd., Chicago, 

Illinois 60604. 

FOR FURTHER INFORMATION CONTACT: 

Janet Carlson, Associate Regional 

Counsel, U.S. EPA, Mail Code C–14J, 77 

W. Jackson Blvd., Chicago, Illinois 

60604, telephone (312) 886–6059. 

AUTHORITY: The Comprehensive 

Environmental Response, Compensation, and 

Liability Act of 1980, as amended, 42 U.S.C. 

9601, et seq. 

Dated: September 19, 2008. 

Douglas Balloti, 

Acting Director, Superfund Division. 

[FR Doc. E8–23746 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collections Approved by the Office of 

Management and Budget (OMB) 

September 30, 2008. 

SUMMARY: The Federal Communications 

Commission (FCC) has received Office 

of Management and Budget (OMB) 

approval for the following public 

information collections pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). An agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number, 

and no person is required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. Comments concerning the 

accuracy of the burden estimates and 

any suggestions for reducing the burden 

should be directed to the person listed 

in the FOR FURTHER INFORMATION

CONTACT section below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, via the Internet at 

PRA@fcc.gov or on (202) 418–2918. 

Commission at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–1115. 

OMB Approval Date: 9/24/2008. 

Expiration Date: 9/30/2011. 

Title: Sections 15.124, 27.20, 54.418, 

73.674, 76.1630, DTV Consumer 

Education Initiative; FCC Form 388. 

Form No.: FCC Form 388. 

Number of Respondents/Responses: 

11,022 respondents; 70,026 responses. 

Estimated Time Per Response: 0.5 to 

85 hours 

Total Annual Burden: 155,646 hours. 

Total Annual Cost: None. 

Obligation to Respond: Required to 

obtain benefits—Statutory authority for 

this collection of information is 

contained in Sections 4(i), 303(r), 335, 

and 336 of the Communications Act of 

1934, as amended, 47 U.S.C. Sections 

154(i), 303(r), 335, and 336. 

Nature and Extent of Confidentiality: 

No need for confidentiality required 

with this information collection. 

Needs and Uses: The Commission 

adopted on April 23, 2008, an Order of 

Reconsideration, In the Matter of DTV 

Consumer Education Initiative, MB 

Docket 07–148, FCC 08–119. In this 

Order, we modify our requirements 

regarding the timing, scope, and content 

of manufacturer notices and the method 

of delivery of eligible 

telecommunications carriers (ETC) 

notices, and clarify other manufacturer 

requirements. The revised requirements 

that were approved by OMB on an 

mstockstill on PROD1PC66 with NOTICES