[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Proposed Rules]
[Pages 5715-5716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2385]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 320

[EPA-HQ-SFUND-2009-0834; FRL-9109-5]
RIN 2050-AG56


Identification of Additional Classes of Facilities for 
Development of Financial Responsibility Requirements Under CERCLA 
Section 108(b)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period and correction of docket identification number.

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SUMMARY: EPA is extending, until April 6, 2010, the comment period for 
the Advance Notice of Proposed Rulemaking (ANPRM) published in the 
Federal Register on January 6, 2010. In the ANPRM, the Agency 
identified the classes of facilities within three industries--the 
Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal 
Products Manufacturing industry (NAICS 324), and the Electric Power 
Generation, Transmission, and Distribution industry (NAICS 2211)--as 
those for which the Agency plans to develop, as necessary, proposed 
regulations identifying appropriate financial responsibility 
requirements under section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA). In addition, the 
Agency identified the Waste Management and Remediation Services 
industry (NAICS 562), the Wood Product Manufacturing industry (NAICS 
321), the Fabricated Metal Product Manufacturing industry (NAICS 332), 
the Electronics and Electrical Equipment Manufacturing industry (NAICS 
334 and 335), as well as facilities engaged in the recycling of 
materials containing CERCLA hazardous substances as requiring further 
study before EPA decides whether to begin the regulatory development 
process. EPA also wants to clarify the proper Docket Identification 
Number for the January 2010 ANPRM.

DATES: Submit comments on or before April 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0834, by one of the following methods:
    <bullet> Electronic docket at: http://www.regulations.gov: Follow 
the on-line instructions for submitting comments.
    <bullet> E-mail: Comments may be sent by electronic mail (e-mail) 
to <a href="/cdn-cgi/l/email-protection#47343237223521322923692328242c22330722372669202831"><span class="__cf_email__" data-cfemail="88fbfdf8edfaeefde6eca6ece7ebe3edfcc8edf8e9a6efe7fe">[email protected]</span></a>, Attention Docket ID No. EPA-HQ-SFUND-2009-
0834. In contrast to EPA's electronic public docket, EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly to the Docket without going through EPA's electronic 
public docket, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket.

[[Page 5716]]

    <bullet> Fax: Comments may be faxed to 202-566-0272; Attention 
Docket ID No. EPA-HQ-SFUND-2009-0834.
    <bullet> Mail: Send your comments to the Identification of 
Additional Classes of Facilities for Development of Financial 
Responsibility Requirements under CERCLA Section 108(b) Docket, 
Attention Docket ID No., EPA-HQ-SFUND-2009-0834, Environmental 
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies.
    <bullet> Hand Delivery: Deliver two copies of your comments to the 
Identification of Additional Classes of Facilities for Development of 
Financial Responsibility Requirements under CERCLA Section 108(b) 
Docket, Attention Docket ID No., EPA-HQ-SFUND-2009-0834, EPA/DC, 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-SFUND-
2009-0834. 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. 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 Identification of 
Additional Classes of Facilities for Development of Financial 
Responsibility Requirements under CERCLA Section 108(b) Docket, Docket 
ID No. EPA-HQ-SFUND-2009-0834, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC 20460. This Docket Facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The Docket telephone number is (202) 566-0276. 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.

FOR FURTHER INFORMATION CONTACT: For more information on this notice, 
contact Ben Lesser, U.S. Environmental Protection Agency, Office of 
Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone (703) 308-0314; or (e-mail) 
<a href="/cdn-cgi/l/email-protection#640801171701164a06010a240114054a030b12"><span class="__cf_email__" data-cfemail="5c30392f2f392e723e39321c392c3d723b332a">[email protected]</span></a>; or Barbara Foster, U.S. Environmental Protection 
Agency, Office of Resource Conservation and Recovery, Mail Code 5303P, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308-
7057; or (e-mail) <a href="/cdn-cgi/l/email-protection#ec8a839f98899ec28e8d9e8e8d9e8dac899c8dc28b839a"><span class="__cf_email__" data-cfemail="c5a3aab6b1a0b7eba7a4b7a7a4b7a485a0b5a4eba2aab3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On January 6, 2010, the Agency published in 
the Federal Register (75 FR 816) an Advance Notice of Proposed 
Rulemaking (ANPRM) that identified the classes of facilities within 
three industries--the Chemical Manufacturing industry (NAICS 325), the 
Petroleum and Coal Products Manufacturing industry (NAICS 324), and the 
Electric Power Generation, Transmission, and Distribution industry 
(NAICS 2211)--as those for which the Agency plans to develop, as 
necessary, proposed regulations identifying appropriate financial 
responsibility requirements under section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). In 
addition, the Agency identified the Waste Management and Remediation 
Services industry (NAICS 562), the Wood Product Manufacturing industry 
(NAICS 321), the Fabricated Metal Product Manufacturing industry (NAICS 
332), the Electronics and Electrical Equipment Manufacturing industry 
(NAICS 334 and 335), as well as facilities engaged in the recycling of 
materials containing CERCLA hazardous substances as requiring further 
study before EPA decides whether to begin the regulatory development 
process.
    Following publication of the ANPRM, several members of the public 
requested that the Agency extend the comment period. The Agency 
received extension requests for 30 days, 45 days, and 60 days. In 
response to these requests, the Agency is extending the comment period 
for 60 days, until April 6, 2010. Members of the public also will be 
able to provide additional comments to EPA after it publishes any 
proposed rules.
    In addition, the Agency wants to clarify the proper Docket 
Identification Number (Docket ID No.) associated with the January 2010 
ANPRM. The heading of the ANPRM included an incorrect Docket 
Identification Number. Subsequent references to the docket, within the 
text of the ANPRM, were correct; the correct Docket ID No. (EPA-HQ-
SFUND-2009-0834) is included in this extension notice of the comment 
period.

    Dated: January 29, 2010.
Matthew Hale,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-2385 Filed 2-3-10; 8:45 am]
BILLING CODE 6560-50-P


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