Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32091 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S. based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

Tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 944 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: May 29, 2009. 

Allen D. Klein, 

Regional Director, Western Region. 

[FR Doc. E9–15971 Filed 7–6–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–8927–3] 

RIN 2060–A081 

Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The U.S. Environmental 

Protection Agency (‘‘EPA’’) is 

announcing an extension of the public 

comment period for the proposed rule 

‘‘Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program’’ (the proposed rule is 

hereinafter referred to as ‘‘RFS2’’). EPA 

published a notice of proposed 

rulemaking, which included a request 

for comment, in the Federal Register on 

May 26, 2009. The public comment 

period was to end on July 27, 2009—60 

days after publication in the Federal 

Register. The purpose of this document 

is to extend the comment period an 

additional 60 days until September 25, 

2009. This extension of the comment 

period is provided to allow the public 

additional time to provide comment on 

the proposed rule. 

DATES: The comment period for the 

proposed rule published May 26, 2009 

(74 FR 24904) is extended. Written 

comments must be received on or before 

September 25, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: EPA Docket Center, 

EPA West Building, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. 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–2005– 

0161. 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. For 

additional instructions on submitting 

comments, please refer to the notice of 

proposed rulemaking (Section XI, Public 

Participation, of the SUPPLEMENTARY

INFORMATION section of the proposed 

rulemaking document). 

How Can I Access the 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 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

32092 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

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. 

How Can I Get Copies of This 

Document, the Proposed Rule, and 

Other Related Information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR–2005–0161. The EPA has also 

developed a Web site for the proposed 

RFS2 rule, including the notice of 

proposed rulemaking, at: http:// 

www.epa.gov/otaq/renewablefuels/ 

index.htm. Please refer to the notice of 

proposed rulemaking for detailed 

information on accessing information 

related to the proposal. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone 

number: (734) 214–4131; Fax number: 

(734) 214–4816; E-mail address: 

macallister.julia@epa.gov, or 

Assessment and Standards Division 

Hotline; telephone number (734) 214– 

4636; E-mail address: asdinfo@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background: In a separate notice of 

proposed rulemaking, EPA proposed a 

regulation to implement changes to the 

Renewable Fuel Standard program as 

mandated by the Clean Air Act (as 

amended by Sections 201, 202, and 210 

of the Energy Independence and 

Security Act of 2007). The revised 

statutory requirements specify the 

volumes of cellulosic biofuel, biomassbased diesel, advanced biofuel, and total 

renewable fuel that must be used in 

transportation fuel each year, with the 

volumes increasing over time. The rule 

proposed regulations designed to ensure 

that refiners, blenders, and importers of 

gasoline and diesel would use enough 

renewable fuel each year so that the four 

volume requirements of the Energy 

Independence and Security Act would 

be met with renewable fuels that also 

meet the required lifecycle greenhouse 

gas emissions performance standards. 

The RFS2 proposed rule describes the 

standards that would apply to these 

parties, the lifecycle greenhouse gas 

modeling, and the renewable fuels that 

would qualify for compliance. The 

proposed regulations also make a 

number of changes to the current 

Renewable Fuel Standard program 

while retaining many elements of the 

compliance and trading system already 

in place. 

Extension of Comment Period: EPA 

received requests for an extension of the 

RFS2 public comment period from 

various parties ranging from 60 to 120 

days. EPA also received a request to not 

extend the comment period, and to 

continue with the schedule as proposed. 

After considering all of these comments, 

EPA has determined that an extension 

of the comment period would provide 

the public adequate time to provide 

meaningful comment on the proposed 

rule. However, this need must be 

balanced against our desire to finalize 

and implement the new standards in a 

timely manner. EPA believes that an 

additional 60 days is an appropriate 

amount of time to balance these needs. 

Accordingly, the public comment 

period for the RFS2 proposed 

rulemaking is extended until September 

25, 2009. EPA does not anticipate any 

further extension of the comment period 

at this time. 

Dated: June 30, 2009. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. E9–15947 Filed 7–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0146; FRL–8925–9] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent to delete the 

Wilson Farm Superfund Site (Site) from 

the National Priorities List. 

SUMMARY: EPA, Region 2 is issuing a 

notice of intent to delete the Site located 

in Plumsted Township, Ocean County, 

New Jersey 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 an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of New Jersey, through the 

New Jersey Department of 

Environmental Protection, have 

determined that all appropriate 

response actions under CERCLA, 

including operation and maintenance, 

have been implemented. 

DATES: Comments concerning this Site 

must be received by August 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0146, by one of the 

following methods: 

• http://www.regulations.gov Follow 

on-line instructions for submitting 

comments. 

• E-mail: zeolla.michael@epa.gov 

Michael Zeolla, Remedial Project 

Manager. 

• Fax: (212) 637–4393. 

• Mail: Michael Zeolla, Remedial 

Project Manager, Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 19th Floor, 

New York, NY 10007–1866 

• Hand delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308). Such deliveries are only 

accepted during the Docket’s normal 

hours of operation (Monday thru Friday 

from 9 a.m. to 5 p.m.). Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2009– 

146. 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.