Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37211 

ADEQUATE MOTOR VEHICLE EMISSIONS BUDGETS—Continued 

[summer planning] 

Budget year 

Reactive organic 

gases 1

(tons per day) 

Nitrogen oxides 

(tons per day) 

2017 ......................................................................................................................................................... 29 48 

1 Reactive organic gases (ROG) is the term used in the plan and is comparable to the Federal term, volatile organic compounds (VOC). 

Our letter dated July 16, 2009 also 

states that budgets for 2018 are 

inadequate for transportation 

conformity purposes. The 2018 budgets 

include estimated emission reductions 

associated with a number of 

commitments for future rule adoption 

that lack specificity. As such, the 

SACOG would not be able to accurately 

quantify future emission reductions 

associated with the commitments. 

Without additional specificity, it is also 

unclear how the 2018 budgets are 

precisely quantified or related to the 

overall emissions inventory and other 

measures. Therefore, the 2018 budgets 

do not meet the adequacy criteria found 

in 40 CFR 93.118(e)(4)(iii), (iv), and (v). 

The inadequate motor vehicle emissions 

budgets are provided in the following 

table: 

INADEQUATE MOTOR VEHICLE EMISSIONS BUDGETS

[summer planning] 

Budget year 

Reactive organic 

gases 1

(tons per day) 

Nitrogen oxides 

(tons per day) 

2018 ......................................................................................................................................................... 24 34 

1 Reactive organic gases (ROG) is the term used in the plan is comparable to the Federal term, volatile organic compounds (VOC). 

Acting in response to a request by 

CARB for parallel processing of the 

final, but not yet adopted, 2009 

Sacramento Ozone Plan and related 

budgets, we announced availability of 

the plan and related budgets on EPA’s 

transportation conformity Web site on 

March 18, 2009. We received no 

comments in response to the adequacy 

review posting. The finding is available 

at EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

Transportation conformity is required 

by Clean Air Act section 176(c). EPA’s 

conformity rule requires that 

transportation plans, transportation 

improvement programs, and projects 

conform to state air quality 

implementation plans (SIPs) and 

establishes the criteria and procedures 

for determining whether or not they do. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4) which was promulgated in 

our August 15, 1997 final rule (62 FR 

43780, 43781–43783). We have further 

described our process for determining 

the adequacy of submitted SIP budgets 

in our July 1, 2004 final rule (69 FR 

40004, at 40038), and we used the 

information in these resources in 

making our adequacy determination. 

Please note that an adequacy review is 

separate from EPA’s completeness 

review, and should not be used to 

prejudge EPA’s ultimate approval action 

for the SIP. Even if we find a budget 

adequate, the SIP could later be 

disapproved. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 16, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–17926 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2006–0408; FRL–8936–3] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; EPA’s WaterSense 

Program (Renewal); EPA ICR No. 

2233.04, OMB Control No. 2040–0272 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on January 

31, 2010. Before submitting the ICR to 

OMB for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before September 28, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2006–0408 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: OW-Docket@epa.gov. 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Hand Delivery: 

Public Reading Room, Room 3334, EPA 

West Building, 1301 Constitution 

Avenue, NW., Washington, DC. 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–OW–2006– 

0408. 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. 

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37212 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

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/dockets. 

FOR FURTHER INFORMATION CONTACT: Tara 

O’Hare, OW, WaterSense Program 

(7324U), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: 202–564–8836; fax number: 

202–501–2396; e-mail address: 

ohare.tara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or 

Submit Comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OW–2006–0408, which is available 

for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

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 Reading Room 

is 202–566–1744, and the telephone 

number for the Water Docket is 202– 

566–2426. 

Use http://www.regulations.gov to 

obtain a copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the docket ID number identified in this 

document. 

What Information Is EPA Particularly 

Interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What Should I Consider When I 

Prepare My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What Information Collection Activity or 

ICR Does This Apply to? 

Affected entities: Entities potentially 

affected by this action are 

manufacturers, professional certifying 

organizations, businesses, institutions, 

retailers, distributors, utilities, state and 

local government, developers, landscape 

irrigation professionals and nongovernmental organizations (NGOs). 

Randomly sampled citizens will also be 

affected. 

Title: EPA’s WaterSense Program 

(Renewal). 

ICR numbers: EPA ICR No. 2233.04, 

OMB Control No. 2040–0272. 

ICR status: This ICR is currently 

scheduled to expire on January 31, 

2010. An Agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register when approved, are 

listed in 40 CFR part 9, are displayed 

either by publication in the Federal 

Register or by other appropriate means, 

such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers in 

certain EPA regulations is consolidated 

in 40 CFR part 9. 

Abstract: WaterSense is a voluntary 

program designed to create selfsustaining markets for water-efficient 

products and services via a common 

label. The program provides incentives 

for manufacturers to design, produce, 

and market water-efficient products. In 

addition, the program provides 

incentives for certified professionals 

(e.g. certified irrigation auditors, 

designers, or installation and 

maintenance professionals) to deliver 

water-efficient services. The program 

also encourages consumers and 

commercial and institutional purchasers 

of water-using products and systems to 

choose water-efficient products and 

engage in water-efficient practices. 

As part of strategic planning efforts, 

EPA encourages programs to develop 

meaningful performance measures, set 

ambitious targets, and link budget 

expenditures to results. Data collected 

under this ICR will assist WaterSense 

demonstrating results under and 

carrying out evaluation efforts to ensure 

continual program improvement. In 

addition, data will help EPA monitor 

market penetration and inform future 

product categories and specifications. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 19 hours per 

response for organizational partners, 

who are not manufacturers and who are 

not applying for an award. The average 

burden is 35 hours for manufacturing 

partners who must also complete New 

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37213 

Certified Product Notification Forms. 

Award applicants are estimated to 

spend an additional 20 hours on average 

to complete the awards application. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated Number of Respondents: 

357 state and local government; 1,319 

private sector organizations, and 668 

individuals per year. 

Frequency of Response: Varies. 

Estimated Total Annual Hour Burden: 

57,248 hours. 

Estimated Total Annual Cost: 

$4,665,618, including $1,793,181 in 

operation & maintenance costs. 

Are There Changes in the Estimates 

From the Last Approval? 

The overall burden estimate for this 

collection is 7,167 hours higher than the 

burden estimated under the current ICR 

because the WaterSense program has 

been launched and expanded since the 

current ICR was approved. The change 

in burden reflects the substantial 

increase in the number of products 

certified, new partners joining and 

reporting, and the addition of the New 

Homes portion of the program. EPA also 

has a better understanding of how long 

it takes partners to complete program 

forms, now that the program is 

underway. 

What Is the Next Step in the Process for 

This ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: July 20, 2009. 

James Hanlon, 

Director, Office of Wastewater Management. 

[FR Doc. E9–17927 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–SFUND–2009–0265; FRL–8931–7] 

RIN 2050–AG56 

Identification of Priority Classes of 

Facilities for Development of CERCLA 

Section 108(b) Financial Responsibility 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Priority notice of action. 

SUMMARY: Section 108(b) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, 

establishes certain regulatory authorities 

concerning financial responsibility 

requirements. Specifically, the statutory 

language addresses the promulgation of 

regulations that require classes of 

facilities to establish and maintain 

evidence of financial responsibility 

consistent with the degree and duration 

of risk associated with the production, 

transportation, treatment, storage, or 

disposal of hazardous substances. 

CERCLA Section 108(b) also requires 

EPA to publish a notice of the classes 

for which financial responsibility 

requirements will be first developed. To 

fulfill this requirement, EPA is by this 

notice identifying classes of facilities 

within the hardrock mining industry for 

which the Agency will first develop 

financial responsibility requirements 

under CERCLA Section 108(b). For 

purposes of this notice, hardrock mining 

facilities include those which extract, 

beneficiate or process metals (e.g., 

copper, gold, iron, lead, magnesium, 

molybdenum, silver, uranium, and zinc) 

and non-metallic, non-fuel minerals 

(e.g., asbestos, gypsum, phosphate rock, 

and sulfur). 

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) 

Lesser.Ben@epa.gov; or Elaine Eby, U.S. 

Environmental Protection Agency, 

Office of Resource Conservation and 

Recovery, Mail Code 5304P,1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone (703) 603–844; or 

(e-mail) Eby.Elaine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice and 

supporting documentation are available 

in a docket EPA has established for this 

action under Docket ID No. EPA–HQ– 

SFUND–2009–0265. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, because 

for example, it may be Confidential 

Business Information (CBI) or other 

information, the disclosure of which is 

restricted by statute. Certain material, 

such as copyrighted material, is not 

placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC. The Docket 

Facility 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 Superfund Docket is (202) 566– 

0270. A reasonable fee may be charged 

for copying docket materials. 

B. Table of Contents 

I. Introduction 

II. EPA’s Approach for Identifying Those 

Classes of Facilities for Which 

Requirements Will Be First Developed 

III. Identification of Classes of Facilities in 

Hardrock Mining 

IV. Hardrock Mining—Releases and Exposure 

to Hazardous Substances 

V. Hardrock Mining—Severity of 

Consequences Resulting From Releases 

and Exposure to Hazardous Substances 

VI. EPA’s Consideration of Additional 

Classes of Facilities for Developing 

Financial Responsibility Requirements 

VII. Conclusion 

I. Introduction 

Section 108(b), 42 U.S.C. 9608 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, 

requires in specified circumstances that 

owners and operators of facilities 

establish evidence of financial 

responsibility. Specifically, it requires 

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