Notices. Proposed rule; extension of comment period
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/register/2006/04/13/06-3577·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2004-0022; FRL-8158-2] RIN 2050-AG29 NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors; Extension of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. SUMMARY: EPA is announcing that the comment period to the proposed rule entitled National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, published on March 23, 2006, is being extended until May 8, 2006. In the proposed rule, EPA is requesting comment on a revised new source particulate matter standard for cement kilns that burn hazardous waste. We are also requesting comment on corresponding changes to the new source particulate matter standards for incinerators and liquid fuel boilers that burn hazardous waste. DATES: The comment period for this proposed rule is extended from the original closing date of April 24, 2006 to May 8, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2004-0022, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • E-mail: *a-and-r-docket@epa.gov.* • Fax: 202-566-1741. • Mail: U.S. Postal Service, send comments to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies.
We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). • Hand Delivery: In person or by courier, deliver comments to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1301 Constitution Avenue, NW., Room B-108, 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.
Please include a total of two copies. We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2004-0022. The 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 the disclosure of which 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. Send or deliver information identified as CBI to only the following address: Ms. LaShan Haynes, RCRA Document Control Officer, EPA (Mail Code 5305W), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200 Pennsylvania Avenue, Washington, DC 20460. Clearly mark the part or all of the information that you claim to be CBI. 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.* We also request that interested parties who would like information they previously submitted to EPA to be considered as part of this reconsideration action identify the relevant information by docket entry numbers and page numbers. *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 the disclosure of which 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 HQ EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West Building, Room B-102, 1301 Constitution Ave., NW., Washington, DC 20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The HQ EPA Docket Center telephone number is
(202)566-1742. 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. A reasonable fee may be charged for copying docket materials. FOR FURTHER INFORMATION CONTACT: For more information on this rulemaking, contact Frank Behan at
(703)308-8476, or *behan.frank@epa.gov* , Office of Solid Waste (MC: 5302W), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: *Comment Period.* We are extending the comment period by two weeks in response to a commenter's request for more time to respond to issues in the proposed rule published on March 23, 2006 (71 FR at 14665). Therefore, the public comment period will now end on May 8, 2006. *Regulated Entities.* Categories and entities potentially affected by this action include: Category NAICS code SIC code Examples of potentially regulated entities Any industry that combusts hazardous waste as defined in the final rule 562211 327310 327992 4953 3241 3295 Incinerator, hazardous waste. Cement manufacturing, clinker production. Ground or treated mineral and earth manufacturing. 325 28 Chemical Manufacturers. 324 29 Petroleum Refiners. 331 33 Primary Aluminum. 333 38 Photographic equipment and supplies. 488, 561, 562 49 Sanitary Services, N.E.C. 421 50 Scrap and waste materials. 422 51 Chemical and Allied Products, N.E.C. 512, 541, 561, 812 73 Business Services, N.E.C. 512, 514, 541, 711 89 Services, N.E.C. 924 95 Air, Water and Solid Waste Management. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be impacted by this action. This table lists examples of the types of entities EPA is now aware could potentially be regulated by this action. Other types of entities not listed could also be affected. To determine whether your facility, company, business, organization, etc., is affected by this action, you should examine the applicability criteria in 40 CFR 63.1200. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. *World Wide Web (WWW).* In addition to being available in the docket, an electronic copy of the proposed rule is available at *http://www.epa.gov/hwcmact.* This website also provides other information related to the NESHAP for hazardous waste combustors. *Submitting CBI.* Do not submit this information to EPA through *http://www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the address listed in the ADDRESSES section of this document. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: April 5, 2006. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E6-5493 Filed 4-12-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AU50 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Laguna Mountains Skipper AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of public comment period and notice of public hearing. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule to designate critical habitat for the Laguna Mountains skipper (Pyrgus ruralis lagunae) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on the proposed designation. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We also will hold two public hearings on this proposed designation of critical habitat. DATES: We will accept comments and information until 5 p.m. on May 15, 2006, or at the public hearings. Any comments received after the closing date may not be considered in the final decision on the proposed designation of critical habitat. The public hearings will take place on April 27, 2006, from 1 p.m. to 3 p.m. and from 6 p.m. to 8 p.m. in Carlsbad, California. ADDRESSES: *Hearings:* The public hearings will be held at the Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California. *Comments:* Written comments and materials may be submitted to us by any one of the following methods: 1. You may submit written comments and information to the Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011. 2. You may hand-deliver written comments and information to our Office at the above address. 3. You may fax your comments to 760-431-9624. 4. You may send comments by electronic mail (e-mail) to: *FW8pchskipper@fws.gov.* For directions on how to submit electronic filing of comments, see the “Public Comments Solicited” section below. 5. You may submit comments via the Federal Rulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. The proposed rule is available on the Internet at *http://carlsbad.fws.gov* or in hard copy form by contacting the Carlsbad Fish and Wildlife Office. Comments and materials received, as well as supporting documentation used in preparation of the proposed critical habitat rule for the Laguna Mountains skipper, will be available for public inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office. FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and Wildlife Office, at the above address (telephone 760-431-9440; facsimile 760-431-9624). SUPPLEMENTARY INFORMATION: Public Comments Solicited We intend that any final action resulting from the proposal will be as accurate and as effective as possible. Therefore, we solicit comments or suggestions from the public, other concerned governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning our proposed designation of critical habitat for the Laguna Mountains skipper. We particularly seek comments concerning:
(1)The reasons why any habitat should or should not be determined to be critical habitat for the Laguna Mountains skipper as provided by section 4 of the Act (16 U.S.C. 1531 *et seq.* ), including whether the benefit of designation will outweigh any threats to the species due to designation;
(2)Specific information on the amount and distribution of Laguna Mountains skipper habitat; which areas should be included in the designation that contain the physical and biological features that are essential to the conservation of the species and why; and which areas not occupied at the time of listing are essential to the conservation of the species and why;
(3)Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat;
(4)Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities; and
(5)Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment, but you should be aware that the Service may be required to disclose your name and address pursuant to the Freedom of Information Act (5 U.S.C. 552). We will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments received will be available for public inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office (see ADDRESSES section). All previous comments and information submitted during the initial comment period on the proposed rule need not be resubmitted. Please submit electronic comments in ASCII file format, and avoid the use of any special characters or any form of encryption. Also, please include “Attn: RIN 1018-AU50” in the subject line, and your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, please contact the Carlsbad Fish and Wildlife Office at telephone number 760/431-9440. Background On December 13, 2005, we published a proposed rule in the **Federal Register** (70 FR 73699) to designate critical habitat for the Laguna Mountains skipper on approximately 6,662 acres (2,696 hectares) of land in two units, divided into a total of seven subunits, on Laguna and Palomar Mountains in San Diego County, California. The initial public comment period for the proposal was open for 60 days, ending February 13, 2006. Critical habitat identifies specific areas containing features essential to the conservation of a listed species and that may require special management considerations or protection. If the proposed critical habitat designation is finalized, section 7(a)(2) of the Act would require that Federal agencies ensure that actions they fund, authorize, or carry out are not likely to jeopardize the continued existence of the species or result in the destruction or adverse modification of critical habitat. Section 4(b)(2) of the Act requires that we designate or revise critical habitat on the basis of the best scientific and commercial data available, after taking into consideration economic, and any other relevant, impacts of specifying any particular area as critical habitat. Public Hearings Section 4(b)(5)(E) of the Act requires one public hearing be held if any person requests a hearing within 45 days of the publication of a proposed rule. In response to a request from the U.S. Forest Service's Cleveland National Forest, the Service will conduct two public hearings on the date and at the address provided in the DATES and ADDRESSES sections above. Anyone wishing to make an oral statement for the record is encouraged to provide a written copy of their statement and present it to us at the hearings. In the event there is a large attendance, the time allotted for oral statements may be limited. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us. If you have any questions concerning the public hearings, please contact the Carlsbad Fish and Wildlife Office (see ADDRESSES section). Persons needing reasonable accommodations in order to attend and participate in the public hearings should contact Patti Carroll at 503-231-2080 as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the hearing date. Information regarding this notice is available in alternative formats upon request. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq.* ). Dated: April 7, 2006. Matt Hogan, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 06-3577 Filed 4-11-06; 10:06 am]
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- 40 CFR 63
- 40 CFR 2
- 50 CFR 17
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Notices
Proposed rule; extension of comment period
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