Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23713 

SUPPLEMENTARY INFORMATION: 

A. What is the regulatory basis of this 

software? 

Subtitle C of the Resource 

Conservation and Recovery Act (RCRA) 

establishes financial assurance 

requirements for owners or operators of 

hazardous waste treatment, storage, or 

disposal facilities (TSDF). The RCRA 

hazardous waste regulations, (40 CFR 

parts 264 and 265), require that the 

owner or operator of a TSDF which 

seeks a Part B permit or has interim 

status to prepare an estimate of the costs 

required to close the facility and the 

cost to perform post-closure care at the 

facility based on the costs of a thirdparty performing the work. 

B. How was the cost estimating method 

developed? 

In 1986, EPA developed a 

methodology to evaluate closure and 

post-closure cost estimates. The 

methodology is discussed in detail in 

Cost Estimates for Closure and PostClosure Care Plans (EPA/530–SW–87– 

009). The methodology provides EPA 

and state permit writers with a 

consistent, accurate and rapid method 

of evaluating cost estimates for closure 

and post-closure care of TSDFs. The 

software resulting from this effort is 

called CostPro. 

C. How long has CostPro been used? 

EPA first issued CostPro in 1996; it 

has been updated four times, the last of 

which was completed in 2001. 

D. Does this action apply to me? 

The methods and procedures set forth 

in CostPro are intended primarily for 

the use of EPA and state personnel in 

evaluating the adequacy of current cost 

estimates for closure and post-closure 

care of typical hazardous waste TSDFs. 

EPA has received a number of inquiries 

about CostPro from industry. To provide 

industry with our basis for these 

estimates, EPA will provide copies of 

CostPro upon request, as described in 

this notice. 

E. What are the benefits to the update 

of CostPro? 

The primary benefits to the update of 

CostPro are that (1) it will be on a 

MS.NET 2.0 platform in C#, which is a 

contemporary software platform and (2) 

the program data have been updated to 

2009 values. 

F. How is a CostPro estimate 

developed? 

CostPro’s general procedure for 

evaluating a cost estimate for a TSDF 

involves: 

• Identifying each facility waste 

management unit (e.g., container storage 

unit, tank, landfill, etc.) requiring 

closure or post-closure care; 

• Identifying the closure or postclosure care activities to be conducted at 

each waste management unit; 

• Completing inventory worksheets 

provided for each waste management 

unit; 

• Completing closure or post-closure 

care worksheets for primary and support 

worksheets for each waste management 

unit (e.g., removal, transportation and 

disposal of waste, building 

decontamination, and sampling and 

analysis, etc.); and, 

• Evaluating total cost summary 

worksheets for each waste management 

unit and for the facility as a whole. 

G. What are the sources of CostPro 

data? 

The primary sources of cost 

information include the 2009 R.S. 

Means Means Building Construction 

Cost Data and Means Site Work and 

Landscape Cost Data guides and the 

2006 Azimuth ECHOS (Environmental 

Cost Handling Options and Solutions) 

Environmental Remediation Cost Data 

guide. EPA has paid a fee to these 

companies for the use of these data by 

EPA and state government personnel 

only. Some data, e.g., costs for geotextile 

netting and geomembranes for landfills 

have been supplied by vendors. 

H. How can the public obtain a copy of 

CostPro? 

Because EPA’s license for use of the 

program data extends only to EPA and 

one copy for each state government, 

public users who want to obtain a copy 

of the software package (or state 

governments that want to obtain more 

than one copy of the software package) 

will be asked to pay a fee to R.S. Means 

for its use, and submit proof to EPA that 

appropriate permission has been 

obtained from the R.S. Means Company. 

Contact Peter Cholakis of R.S. Means at 

peter.cholakis@reedbusiness.com. EPA 

will then mail a CD to the requester. See 

EPA contact information above. 

Dated: May 11, 2009. 

Matt Hale, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. E9–11741 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket No. EPA–RO4–SFUND–2009–0320, 

FRL–8907–8] 

Lilburn Mercury Spill Superfund Site; 

Lilburn, Gwinnett County, GA; Notice 

of Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement for 

reimbursement of past response costs 

concerning the Lilburn Mercury Spill 

Superfund Site located in Lilburn, 

Gwinnett County, Georgia for 

publication. 

DATES: The Agency will consider public 

comments on the settlement until June 

19, 2009. 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. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments, identified by 

Docket ID No. EPA–RO4–SFUND–2009– 

0320 or Site name Lilburn Mercury Spill 

Superfund Site by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• http://www.epa.gov/region4/waste/ 

sf/enforce.htm. 

• E-mail: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: May 7, 2009. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. E9–11829 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8907–9; Docket ID No. EPA–HQ–ORD– 

2009–0243] 

An Approach To Using Toxicogenomic 

Data in U.S. EPA Human Health Risk 

Assessments: A Dibutyl Phthalate 

(DBP) Case Study 

AGENCY: Environmental Protection 

Agency (EPA). 

23714 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

ACTION: Notice of peer-review workshop 

and public comment period. 

SUMMARY: EPA is announcing that 

Eastern Research Group, Inc., an EPA 

contractor for external scientific peer 

review, will convene an independent 

panel of experts and organize and 

conduct an external peer-review 

workshop to review the external review 

draft document titled, ‘‘An Approach to 

Using Toxicogenomic Data in U.S. EPA 

Human Health Risk Assessments: A 

Dibutyl Phthalate Case Study’’ (EPA/ 

600/R–09/028A). The EPA also is 

announcing a 30-day public comment 

period for the draft document. The draft 

document was prepared by the National 

Center for Environmental Assessment 

(NCEA) within EPA’s Office of Research 

and Development. EPA is interested in 

developing methods to use genomic 

data most effectively in risk assessments 

performed at the Agency. NCEA 

developed this draft report for the 

purpose of describing an approach to 

using toxicogenomic data in risk 

assessment and illustrating the 

approach with a case study. 

The public comment period and the 

external peer-review workshop are 

separate processes that provide 

opportunities for all interested parties to 

comment on the document. EPA intends 

to forward public comments that are 

submitted in accordance with this 

notice to the external peer-review panel 

prior to the meeting for their 

consideration. When finalizing the draft 

document, EPA intends to consider any 

public comments that EPA receives in 

accordance with this notice. 

EPA is releasing this draft document 

solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. This document has not been 

formally disseminated by EPA. It does 

not represent and should not be 

construed to represent any Agency 

policy or determination. 

Eastern Research Group, Inc. invites 

the public to register to attend this 

workshop as observers. In addition, 

Eastern Research Group, Inc. invites the 

public to give oral and/or provide 

written comments at the workshop 

regarding the draft document under 

review. The draft document and EPA’s 

peer-review charge are available 

primarily via the Internet on NCEA’s 

home page under the Recent Additions 

and the Data and Publications menus at 

http://www.epa.gov/ncea. In preparing a 

final report, EPA will consider any 

comments and recommendations from 

the external peer-review workshop and 

any public comments that EPA receives 

in accordance with this notice. 

DATES: The peer-review panel workshop 

will begin on Tuesday, June 23, 2009, at 

8:30 a.m. and end at 4:30 p.m. Observers 

must register by Monday, June 15, 2009, 

and indicate if they wish to make brief 

oral statements at the workshop. The 30- 

day public comment period begins May 

20, 2009, and ends June 19, 2009. 

Technical comments should be in 

writing and must be received by EPA by 

June 19, 2009. 

ADDRESSES: The peer-review workshop 

will be held at Holiday Inn Capitol, 550 

C Street, SW., Washington, DC 20024. 

The EPA contractor, Eastern Research 

Group, Inc., is organizing, convening, 

and conducting the peer-review 

workshop. To attend the workshop as an 

observer, register by Monday, June 15, 

2009, via the Internet at https:// 

www2.ergweb.com/projects/ 

conferences/peerreview/registerTgX.htm. You may also register by email at meetings@erg.com (subject line: 

TgX in Risk Assessment Peer Review 

Workshop), by phone: 781–674–7374 or 

toll free at 800–803–2833, or by faxing 

a registration request to 781–674–2906 

(please reference the ‘‘TgX in Risk 

Assessment Peer Review Workshop’’ 

and include your name, title, affiliation, 

full address and contact information). 

The draft ‘‘An Approach to Using 

Toxicogenomic Data in U.S. EPA 

Human Health Risk Assessments: A 

Dibutyl Phthalate Case Study’’ is 

available primarily via the Internet on 

NCEA’s Internet home page under the 

Recent Additions and the Data and 

Publications menus at http:// 

www.epa.gov/ncea. A limited number of 

paper copies are available from the 

Information Management Team, NCEA; 

telephone: 703–347–8561; facsimile: 

703–347–8691. If you are requesting a 

paper copy, please provide your name, 

mailing address, and the document title, 

‘‘An Approach to Using Toxicogenomic 

Data in U.S. EPA Human Health Risk 

Assessments: A Dibutyl Phthalate Case 

Study’’. Copies are not available from 

Eastern Research Group, Inc. Comments 

may be submitted electronically via 

www.regulations.gov, by mail, by 

facsimile, or by hand delivery/courier. 

Please follow the detailed instructions 

as provided in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding information, 

registration, access or services for 

individuals with disabilities, or logistics 

for the external peer-review workshop 

should be directed to Laurie Waite, 

Eastern Research Group, Inc., 110 

Hartwell Ave., Lexington, MA 02421; 

telephone: 781–674–7362; facsimile 

781–674–2906; e-mail 

laurie.waite@erg.com. To request 

accommodation of a disability, please 

contact Laurie Waite, preferably at least 

10 days prior to the workshop, to give 

as much time as possible to process 

your request. 

For information on the public 

comment period, contact the Office of 

Environmental Information Docket; 

telephone: 202–566–1752; facsimile: 

202–566–1753; or e-mail: 

ORD.Docket@epa.gov. 

If you need technical information 

about the document, please contact 

Susan Y. Euling, National Center for 

Environmental Assessment (NCEA); 

telephone: 703–347–8575; facsimile: 

703–347–8692; e-mail 

euling.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Information About the 

Project/Document 

The National Center for 

Environmental Assessment (NCEA) 

prepared this draft document for the 

purpose of describing an approach to 

using toxicogenomic data in risk 

assessment and illustrating the 

approach with a case study. The 

approach and case study described in 

this draft report were developed by a 

team of scientists at EPA laboratories 

and centers, and outside organizations 

including The Hamner Institute, the 

National Institute for Environmental 

Health Sciences, and the EPA’s Science 

to Achieve Results (STAR) 

Bioinformatics Center at the University 

of Medicine and Dentistry of New Jersey 

and Rutgers University. The approach 

outlined is expected to be useful to risk 

assessors in EPA, as well as other 

federal agencies, and the scientific 

community at large. A case study to test 

the approach for dibutyl phthalate 

(DBP) is described. The case study 

presented in this draft document is a 

separate activity from any of the 

ongoing IRIS human health assessments 

for the phthalates. 

II. Workshop Information 

Members of the public may attend the 

workshop as observers, and there will 

be a limited time for comments from the 

public. Pre-registration is strongly 

recommended as space is limited, and 

registrations will be accepted on a firstcome, first-served basis. The deadline 

for pre-registration is June 15, 2009. If 

space allows, registrations will continue 

to be accepted after this date, including 

on-site registrations. Time will be set 

aside to hear comments from observers, 

and individuals will be limited to a 

maximum of five minutes during the 

morning session of peer review 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23715 

workshop. Please let ERG know if you 

wish to make comments during the 

workshop by registering on the Web site 

at https://www2.ergweb.com/projects/ 

conferences/peerreview/registerTgX.htm and indicating your intent to 

make oral comments. 

III. How to Submit Technical 

Comments to the Docket at 

www.regulations.gov. 

Submit your comments, identified by 

Docket ID No. EPA–HQ–ORD–2009– 

0243, by one of the following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ORD.Docket@epa.gov 

• Fax: 202–566–1753 

• Mail: Office of Environmental 

Information (OEI) Docket (Mail Code: 

2822T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. The phone 

number is 202–566–1752. 

• Hand Delivery: The OEI Docket is 

located in the EPA Headquarters Docket 

Center, Room 3334 EPA West Building, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center 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. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

If you provide comments by mail or 

hand delivery, please submit three 

copies of the comments. For 

attachments, provide an index, number 

pages consecutively with the comments, 

and submit an unbound original and 

three copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2009– 

0243. Please ensure that your comments 

are submitted within the specified 

comment period. Comments received 

after the closing date will be marked 

‘‘late,’’ and may only be considered if 

time permits. It is EPA’s policy to 

include all comments it receives in the 

public docket without change and to 

make the comments available online at 

regulations.gov, including any personal 

information provided, unless a 

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 regulations.gov or email. The 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 

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 

www.epa.gov/epahome/dockets.htm. 

Docket: Documents in the docket are 

listed in the 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 materials, such as 

copyrighted material, are publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in regulations.gov 

or in hard copy at the OEI Docket in the 

EPA Headquarters Docket Center. 

Dated: May 13, 2009. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. E9–11744 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[CG Docket No. 03–123 and WC Docket No. 

05–196; DA 09–870] 

Pleading Cycle Established for Filing 

of Oppositions To Petition for Partial 

Reconsideration and Limited Waiver, 

and Petition for Partial 

Reconsideration, Concerning the 

Assignment of Ten-Digit Telephone 

Numbers and E911 Requirements for 

Internet-Based Telecommunications 

Relay Service (TRS) 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau, 

announces the filing of petitions for 

partial reconsideration by 

Telecommunications for the Deaf and 

Hard of Hearing, Inc. and five consumer 

organizations (TDI Coalition), and 

GoAmerica, Inc. (GoAmerica). 

Petitioners seek reconsideration of the 

eligibility requirement that limits the 

assignment of ten-digit telephone 

numbers to individuals who are deaf or 

hard of hearing or who have a speech 

disability. Additionally, GoAmerica 

seeks reconsideration, or a limited 

waiver for six months, of the 

requirement that Internet-based TRS 

providers must answer a call back from 

the Public Safety Answering Point 

(PSAP) with priority (i.e., move the call 

to the top of the queue). 

DATES: Oppositions are due on or before 

June 4, 2009 and replies to oppositions 

are due on or before June 15, 2009. 

ADDRESSES: Pursuant to 47 CFR 1.429(f) 

and (g), interested parties may submit 

oppositions or replies to oppositions 

identified by [CG Docket No. 03–123 

and WC Docket No. 05–196], by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting electronic 

filings. 

• Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS): Follow the 

instructions for submitting electronic 

filings. 

• By filing paper copies. 

For electronic filers through ECFS or 

the Federal eRulemaking Portal, because 

multiple docket numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

opposition or reply to opposition to 

each docket number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket 

number. Parties may also submit an 

electronic comment by Internet e-mail. 

To get filing instructions, filers should 

send an e-mail to ecfs@fcc.gov, and 

include the following words in the body 

of the message, ‘‘get form.’’ A sample 

form and directions will be sent in 

response. 

Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Because more 

than one docket number appears in the 

caption in this proceeding, filers must 

submit two additional copies for each 

additional docket number. Filings can 

be sent by hand or messenger delivery, 

by commercial overnight courier, or by 

first-class or overnight U.S. Postal