2276
Federal
Register
/
Vol.
68,
No.
11
/
Thursday,
January
16,
2003
/
Proposed
Rules
via
telephone
and
e­
mail,
formal
comments
must
be
submitted
in
writing,
as
indicated
in
the
ADDRESSES
section
of
this
document.

SUPPLEMENTARY
INFORMATION:
For
further
information,
please
see
the
information
provided
in
the
direct
final
action,
with
the
same
title,
that
is
located
in
the
``
Rules
and
Regulations''
section
of
this
Federal
Register
publication.
Please
note
that
if
EPA
receives
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
EPA
may
adopt
as
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.

Dated:
December
23,
2002.
Judith
M.
Katz,
Acting
Regional
Administrator,
Region
III.
[
FR
Doc.
03
 
854
Filed
1
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
OH155
 
1b;
FRL
 
7425
 
7]

Approval
and
Promulgation
of
Implementation
Plans;
Ohio
AGENCY:
Environmental
Protection
Agency
(
USEPA).
ACTION:
Proposed
rule.

SUMMARY:
The
USEPA
is
proposing
to
approve,
through
direct
final
procedure,
oxides
of
nitrogen
(
NOX)
rules
including
an
allowance
trading
program
submitted
by
the
Ohio
Environmental
Protection
Agency
(
Ohio
EPA).
The
implementation
plan
affects
electric
generating
units
(
EGUs),
non­
EGUs
and
portland
cement
plants,
and
was
submitted
in
a
letter
from
the
Ohio
EPA
Director
on
July
11,
2002,
following
required
public
process.
The
intent
of
Ohio's
action
is
to
satisfy
a
Federal
requirement
to
develop
a
plan
to
control
emissions
from
these
categories
of
sources
in
order
to
meet
the
emissions
budget
established
by
USEPA
for
Ohio
during
the
summer­
time
ozone
control
period.
USEPA
is
approving
this
plan
with
the
understanding
that
Ohio
will
make
the
minor
revision
to
the
date
in
Ohio's
rule
by
which
flow
control
will
be
triggered.
Flow
control
affects
all
States
in
the
trading
program,
and
the
date
by
which
it
is
triggered,
2005,
must
be
consistent
for
all
19
States.
In
the
final
rules
section
of
this
Federal
Register,
USEPA
is
approving
the
State
Implementation
Plan
(
SIP)
for
NOX
as
a
direct
final
rule
without
prior
proposal
because
we
view
this
action
as
noncontroversial
and
anticipate
no
adverse
comments.
If
no
written
adverse
comments
are
received
in
response
to
the
direct
final
rule,
no
further
activity
is
contemplated
in
relation
to
this
proposed
rule.
If
USEPA
receives
meaningful
written
adverse
comments,
the
direct
final
rule
will
be
withdrawn
and
all
public
comments
received
will
be
addressed
in
a
subsequent
final
rule
based
on
this
proposed
rule.
If
no
adverse
written
comments
are
received,
the
direct
final
rule
will
take
effect
on
the
date
stated
in
that
document
and
no
further
activity
will
be
taken
on
this
proposed
rule.
Any
party
interested
in
commenting
on
this
action
should
do
so
at
this
time.

DATES:
Comments
on
this
action
must
be
received
by
February
18,
2003.

ADDRESSES:
Written
comments
should
be
mailed
to:
J.
Elmer
Bortzer,
Chief,
Regulation
Development
Section,
Air
Programs
Branch
(
AR
 
18J),
USEPA,
Region
5,
77
West
Jackson
Boulevard,
Chicago,
Illinois
60604.
A
copy
of
the
Ohio
EPA
request
for
revision
to
the
SIP
is
available
for
inspection
at
the
above
address.

FOR
FURTHER
INFORMATION
CONTACT:
John
Paskevicz,
Environmental
Engineer,
Regulation
Development
Section,
Air
Programs
Branch
(
AR
 
18J),
USEPA,
Region
5,
77
West
Jackson
Boulevard,
Chicago,
Illinois
60604,
(
312)
886
 
6084.

SUPPLEMENTARY
INFORMATION:
Throughout
this
document
whenever
``
we,''
``
us,''
or
``
our''
are
used
we
mean
the
USEPA.

I.
What
Actions
Are
USEPA
Taking
Today?
II.
Where
Can
I
Find
More
Information
About
This
Proposal
and
Corresponding
Direct
Final
Rule?

I.
What
Actions
Are
USEPA
Taking
Today?

The
USEPA
is
proposing
to
approve
a
revision
to
the
Ohio
SIP
submitted
by
the
State
which
demonstrates
the
Ohio
EPA
plan
will
enable
affected
sources
in
the
State
to
reduce
emissions
of
NOX
in
order
for
the
State
to
meet
the
NOX
emissions
budget.
USEPA
is
making
the
approval
with
the
understanding
that
Ohio
will
change
the
year
that
flow
control
will
be
triggered
to
2005,
from
2006
currently
in
Ohio's
rule.

II.
Where
Can
I
Find
More
Information
About
This
Proposal
and
Corresponding
Direct
Final
Rule?

For
additional
information
see
the
direct
final
rule
published
in
the
rules
section
of
this
Federal
Register.

Authority:
42
U.
S.
C.
4201
 
7601q.
Dated:
December
13,
2002.
Bharat
Mathur,
Acting
Regional
Administrator,
Region
5.
[
FR
Doc.
03
 
961
Filed
1
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
63,
258,
260,
261,
264,
265,
266,
270,
271,
and
279
[
FRL
 
7439
 
9]

RIN
2050
 
AE41
Waste
Management
System;
Testing
and
Monitoring
Activities;
Reopening
of
Comment
Period
for
the
Proposed
Methods
Innovation
Rule
(
MIR)

AGENCY:
Environmental
Protection
Agency.
ACTION:
Proposed
rule;
reopening
of
comment
period.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
is
extending
by
an
additional
60
days
the
comment
period
on
its
proposed
rule
(
October
30,
2002
at
67
FR
66251)
titled
Methods
Innovation
Rule
(
MIR)
and
Notice
of
Data
Availability
that
announced
the
availability
of
the
new
RCRA
Waste
Sampling
Draft
Technical
Guidance.
The
original
comment
period
announced
in
the
proposal
and
notice
was
scheduled
to
end
on
December
30,
2002.
Today's
notice
further
extends
the
comment
period
on
the
proposed
Methods
Innovation
Rule
and
RCRA
Waste
Draft
Technical
Guidance
until
February
28,
2003.
DATES:
Written
comments
on
the
proposed
MIR,
or
RCRA
Waste
Sampling
Draft
Technical
Guidance
must
be
submitted
on
or
before
February
28,
2003.
Comments
postmarked
after
the
close
of
the
comment
period
will
be
stamped
``
late''
and
may
or
may
not
be
considered
by
the
Agency.
ADDRESSES:
Commenters
must
send
an
original
and
two
copies
of
their
comments
referencing
docket
number
to:
EPA
Docket
Center
(
EPA/
DC),
Office
of
Solid
Waste
(
5305T),
U.
S.
Environmental
Protection
Agency
Headquarters
(
EPA,
HQ),
Ariel
Rios
Building,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Comments
may
also
be
submitted
electronically
to:
rcradocket
epa.
gov.
Comments
in
electronic
format
should
also
be
identified
by
the
docket
number
Docket
ID
No.
RCRA
 
2002
 
0025.
All
electronic
comments
must
be
submitted
as
an
ASCII
file
avoiding
the
use
of
special
characters
and
any
form
of
encryption.

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2277
Federal
Register
/
Vol.
68,
No.
11
/
Thursday,
January
16,
2003
/
Proposed
Rules
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
You
may
view
and
download
from
the
Internet
the
proposed
rule
and
selected
support
materials
at
http://
www.
epa.
gov/
epaoswer/
hazwaste/
test/
sw846.
htm.
Update
IIIB
of
SW
 
846
can
also
be
accessed
on­
line
at
http://
epa.
gov/
epaoswer/
hazwaste/
test/
up3b.
htm.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
You
may
also
view
and
download
docket
information
from
the
Internet
at:
http://
www.
epa.
gov/
SW
 
846.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.
Commenters
should
not
submit
electronically
any
confidential
business
information
(
CBI).
An
original
and
two
copies
of
CBI
must
be
submitted
under
separate
cover
to:
Regina
Magbie,
RCRA
CBI
Document
Control
Officer,
EPA
Office
of
Solid
Waste,
2800
Crystal
Drive,
7th
Floor
,
Cube
16,
Washington,
DC
22202.
Public
comments
and
supporting
materials
are
available
for
viewing
in
the
EPA
Docket
Center,
located
at
1301
Constitution
Ave,
NW
Room
B102,
Washington,
DC
20460.
The
RIC
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
federal
holidays.
To
review
docket
materials,
it
is
recommended
that
the
public
make
an
appointment
by
calling
(
202)
566
 
0270.
The
public
may
copy
a
maximum
of
266
pages
from
any
regulatory
document
at
no
cost.
Additional
copies
over
266
pages
will
cost
$
0.15
per
page.
FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
contact
the
RCRA
Hotline
at
(
800)
424
 
9346
or
TDD
(
800)
553
 
7672
(
hearing
impaired).
In
the
Washington,
DC,
metropolitan
area,
call
(
703)
412
 
9810
or
TDD
(
703)
412
 
3323.
For
more
detailed
information
on
specific
aspects
of
this
rulemaking,
contact
Kim
Kirkland
(
5307W),
Office
of
Solid
Waste,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave,
SW.,
Washington,
DC
20460,
(
703)
308
 
8885,
kirkland.
kim@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
On
October
30,
2002
(
67
FR
210),
EPA
proposed
to
amend
a
variety
of
testing
and
monitoring
requirements
throughout
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
regulations.
As
noted
in
the
proposal,
the
Agency
wants
to
allow
more
flexibility
when
conducting
RCRA­
related
sampling
and
analysis,
by
removing
unnecessary
required
uses
of
methods
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,''
also
known
as
``
SW
 
846,''
and
only
retaining
the
requirement
to
use
SW
 
846
methods
when
the
method
is
the
only
one
capable
of
measuring
a
particular
property
(
i.
e.,
it
is
used
to
measure
a
required
method­
defined
parameter).
This
is
an
important
step
towards
a
performance­
based
measurement
system
(
PBMS),
as
part
of
the
Agency's
efforts
towards
Innovating
for
Better
Environmental
Results.
In
addition,
we
proposed
to:
Withdraw
the
reactivity
method
guidelines
from
SW
 
846
Chapter
Seven;
amend
the
ignitability
and
corrosivity
hazardous
waste
characteristic
regulations
by
clarifying
the
use
of
certain
methods;
incorporate
by
reference
Update
IIIB
to
SW
 
846;
add
Method
25A
for
analyses
conducted
in
support
of
certain
RCRA
air
emission
standards;
and
remove
a
confidence
limit
requirement
for
certain
feedstream
analyses
conducted
under
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAP).
Simultaneously,
the
Agency
also
announced
the
availability
of
a
new
guidance
document
for
public
comment
entitled
``
RCRA
Waste
Sampling
Draft
Technical
Guidance.''
The
Agency
believes
the
new
guidance
when
used
should
make
it
easier
and
more
cost
effective
to
comply
with
affected
regulations,
without
compromising
human
health
or
environmental
protection.
By
extending
the
comment
period
to
February
28,
2003,
we
are
accommodating
a
request
by
several
parties
for
additional
time
to
prepare
extensive
relevant
comments.

Dated:
January
8,
2003.
Robert
Springer,
Director
of
the
Office
of
Solid
Waste
and
Emergency
Response.
[
FR
Doc.
03
 
957
Filed
1
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[
FRL
 
7438
 
7]

National
Oil
and
Hazardous
Substance
Pollution
Contingency
Plan;
National
Priorities
List
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice
of
intent
to
delete
the
ATSF
Clovis
Superfund
Site
from
the
National
Priorities
List.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
Region
6
is
publishing
a
direct
final
notice
of
deletion
of
the
ATSF
Clovis
Superfund
Site
(
Site),
located
in
Curry
County,
Clovis
New
Mexico,
from
the
National
Priorities
List
(
NPL).
The
NPL,
promulgated
pursuant
to
section
105
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
(
CERCLA)
of
1980,
as
amended,
is
found
at
appendix
B
of
40
CFR
part
300
which
is
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(
NCP).
The
EPA
and
the
State
of
New
Mexico,
through
the
New
Mexico
Environment
Department
(
NMED),
have
determined
that
all
appropriate
response
actions
under
CERCLA,
other
than
operation
and
maintenance
and
five­
year
reviews,
have
been
completed.
However,
this
deletion
does
not
preclude
future
actions
under
Superfund.
In
the
``
Rules
and
Regulations''
section
of
today's
Federal
Register,
we
are
publishing
a
direct
final
notice
of
deletion
of
the
ATSF
Clovis
Superfund
Site
without
prior
notice
of
intent
to
delete
because
we
view
this
as
a
noncontroversial
revision
and
anticipate
no
adverse
comment.
We
have
explained
our
reasons
for
this
deletion
in
the
preamble
to
the
direct
final
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