Monday, October 6, 2008

Environmental Federal Register, Vol. 73, No. 194, October 6, 2008

Please See The Readers Note In the Right Column
 
Federal Register
Vol. 73, No. 194
Monday, October 6, 2008
 
There are 9 announcements in this issue
 
    1. AIR - FRD. EPA. The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule To Support Initial Area Designations for the 2008 Ozone NAAQS
 
    2. AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
 
    3. HAZ, TOXICS, TRANSPORT - PR. EPA. Revisions to: The Requirements for Transboundary Shipments of Wastes Between OECD Countries, the Requirements for Export Shipments of Spent Lead-Acid Batteries, the Requirements on Submitting Exception Reports for Export Shipments of Hazardous Wastes, and the Requirements for Imports of Hazardous Wastes
 
    4. AIR - PR. EPA. The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS
 
    5. WATER - ND. EPA. Beaches Environmental Assessment and Coastal Health Act
 
    6. TOXICS - ND. EPA. Certain New Chemicals; Receipt and Status Information
 
    7. AIR, WATER - NS. EPA. Notice of Lodging of Consent Decree Under the Clean Air Act; Merit Energy Company, LLC and Shell Exploration & Production Co
 
    8. TRANSPORT - ND. DOT. No FEAR Act Notice; Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
 
    9. ENERGY/Coal - NM. DOE. National Coal Council; Notice of Open Meeting
 
  
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: AIR - FRD. EPA. The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule To Support Initial Area Designations for the 2008 Ozone NAAQS
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Rules and Regulations]              
[Page 58042-58047]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8725-5]
RIN 2060-AP28

The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging
Submittal and Documentation Schedule To Support Initial Area
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to amend the Exceptional
Events Rule to provide a revised exceptional event data flagging and
documentation schedule for ozone data that may be used for designations
under the 2008 ozone national ambient air quality standards (NAAQS).
The Exceptional Events Rule states that when EPA sets a NAAQS for a new
pollutant or revises the NAAQS for an existing pollutant, EPA may
revise or set a new schedule for flagging data for those NAAQS. EPA
recently revised the primary and secondary ozone NAAQS to protect
public health and welfare; the revised standards became effective on
May 27, 2008. Consistent with the process envisioned in the Exceptional
Events Rule, this direct final action revises the dates for flagging
data and submitting documentation regarding exceptional events under
the revised ozone NAAQS. This revised schedule allows EPA to fully
consider state requests for exceptional event concurrence prior to EPA
making final designations.

DATES: The direct final rule is effective on December 22, 2008 without
further notice, unless EPA receives adverse
comment by November 20, 2008. If EPA receives an adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0159, 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. Attention Docket ID No.
EPA-HQ-OAR-2005-0159.
    Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2005-0159.
    Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: EPA Docket Center (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
1301 Constitution Avenue, NW., Room 3334; 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.  

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number: 919-541-5456; fax number: 919-541-
0824; e-mail address: link.tom@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR - PR. EPA. National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Proposed Rules]              
[Page 58351-58385]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-8720-8]
RIN 2060-AM19

National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing national emissions standards for hazardous
air pollutants for nine area source categories in the chemical
manufacturing sector: Agricultural Chemicals and Pesticides
Manufacturing, Cyclic Crude and Intermediate Production, Industrial
Inorganic Chemical Manufacturing, Industrial Organic Chemical
Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic
Chemical Manufacturing, Plastic Materials and Resins Manufacturing,
Pharmaceutical Production, and Synthetic Rubber Manufacturing. The
proposed standards and associated requirements for the nine area source
categories are combined in one subpart. The proposed emissions
standards for new and existing sources are based on EPA's determination
regarding the generally available control technology or management
practices for the nine area source categories. EPA is co-proposing an
alternative to the requirements for process vents emitting metal
hazardous air pollutants. The alternative would set a higher size
threshold for large metal hazardous air pollutant process vents.

DATES: Comments must be received on or before November 5, 2008, unless
a public hearing is requested by October 16, 2008. If a hearing is
requested on the proposed rule, written comments must be received by
November 20, 2008. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by the Office of
Management and Budget (OMB) on or before November 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0334, 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.
    Fax: (202) 566-9744.
    Mail: U.S. Postal Service: send comments to: National
Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources Docket, Environmental Protection Agency, EPA
Docket Center, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies. We request
that a separate copy also be sent to the contact person identified
below (see FOR FURTHER INFORMATION CONTACT).
    Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center, Public Reading Room, 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.
  
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711, telephone number:
(919) 541-5402; fax number: (919) 541-0246; e-mail address:
mcdonald.randy@epa.gov.
 
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ANNOUNCEMENT 3


Subject: HAZ, TOXICS, TRANSPORT - PR. EPA. Revisions to: The Requirements for Transboundary Shipments of Wastes Between OECD Countries, the Requirements for Export Shipments of Spent Lead-Acid Batteries, the Requirements on Submitting Exception Reports for Export Shipments of Hazardous Wastes, and the Requirements
for Imports of Hazardous Wastes
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Proposed Rules]              
[Page 58387-58416]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 262, 264, 265, 266, and 271

[EPA-HQ-RCRA-2005-0018; FRL-8720-3]
RIN 2050-AE93

Revisions to: The Requirements for Transboundary Shipments of
Wastes Between OECD Countries, the Requirements for Export Shipments of
Spent Lead-Acid Batteries, the Requirements on Submitting Exception
Reports for Export Shipments of Hazardous Wastes, and the Requirements
for Imports of Hazardous Wastes

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend certain existing regulations
promulgated under the hazardous waste provisions of the Resource
Conservation and Recovery Act (RCRA) regarding the export and import of
hazardous wastes from and into the United States. Specifically, we are
proposing to modify: The requirements to implement the OECD framework
concerning the transboundary movement of hazardous waste among
countries belonging to the Organization for Economic Cooperation and
Development (OECD), including reducing the number of control levels,
exempting qualifying shipments sent for laboratory analyses from
certain paperwork requirements, requiring recovery facilities to submit
a certificate of recovery, adding provisions for the return or re-
export of wastes subject to the Amber control procedures, and
clarifying certain existing provisions that were identified as
potentially ambiguous to the regulated community; the regulations
regarding the management of spent lead-acid batteries being reclaimed
to require appropriate notice and consent for those batteries intended
for reclamation in a foreign country; the exception reporting
requirements for hazardous waste exports to specify that all exception
reports submitted to EPA be sent to the Office of Enforcement and
Compliance Assurance's Office of Federal Activities in Washington, DC
rather than to the Administrator; and the hazardous waste import
requirements such that U.S. importers would give the initial
transporter a copy of the EPA-provided documentation confirming EPA's
consent to the import when they provide the RCRA hazardous waste
manifest, and that the documentation would be submitted by the U.S.
receiving facility to EPA along with the RCRA hazardous waste manifest
within thirty days of import shipment delivery. Finally, separate from
this proposed rule, EPA is publishing in http://www.epa.gov/epawaste/
hazard/international/oecd-slab-rule.htm
a draft guidance document on
how U.S. receiving facilities may request EPA to identify them as pre-
approved facilities to receive hazardous waste from OECD Member
countries.

DATES: Comments must be received on or before December 5, 2008. Under
the Paperwork Reduction Act, comments on the information collection
provisions must be received by OMB on or before November 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2005-0018, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: rcra-docket@epa.gov, Attention Docket No. EPA-HQ-
RCRA-2005-0018.
    Fax: (202) 566-9744, Attention Docket No. EPA-HQ-RCRA-
2005-0018.
    Mail: RCRA Docket No. EPA-HQ-RCRA-2005-0018, Environmental
Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a total of 2 copies. 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: RCRA Docket No. EPA-HQ-RCRA-2005-0018, 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.
   
FOR FURTHER INFORMATION CONTACT: Laura Coughlan, Hazardous Waste
Identification Division, Office of Solid Waste (5304P), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
telephone number: (703) 308-0005; fax number: (703) 308-0514; e-mail:
coughlan.laura@epa.gov.
 
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ANNOUNCEMENT 4


Subject: AIR - PR. EPA. The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Proposed Rules]              
[Page 58080-58084]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2005-0159; FRL-8725-4]
RIN 2060-AP28

The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging
Submittal and Documentation Schedule for Monitoring Data Used in
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to amend the Exceptional Events Rule to
provide a revised exceptional event data flagging and documentation
schedule for ozone data that may be used for designations under the
2008 ozone national ambient air quality standards (NAAQS). The
Exceptional Events Rule states that when EPA sets a NAAQS for a new
pollutant or revises the NAAQS for an existing pollutant, EPA may
revise or set a new schedule for flagging data for those NAAQS. EPA
recently revised the primary and secondary ozone NAAQS to protect
public health and welfare; the revised standards became effective May
27, 2008. Consistent with the process envisioned in the Exceptional
Events Rule, this proposal revises the dates for flagging data and
submitting documentation regarding exceptional events under the revised
ozone NAAQS. This revised schedule allows EPA to fully consider state
requests for exceptional event concurrence prior to EPA making final
designations.
    In the ``Rules'' section of this Federal Register, we are issuing
this action as a direct final rule without a prior proposed rule. If we
receive no adverse comment, we will not take further action on this
proposed rule.

DATES: Comments. Written comment must be received November 20, 2008.
    Public Hearing. If anyone contacts us requesting a public hearing
by October 16, 2008, we will hold a public hearing approximately 30
days after publication in the Federal Register. Additional information
about the hearing would be published in a subsequent Federal Register
notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0159, 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. Attention Docket ID No.
EPA-HQ-OAR-2005-0159.
    Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2005-0159.
    Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: EPA Docket Center (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
1301 Constitution Avenue, NW., Room 3334; 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.   

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number: 919-541-5456; fax number: 919-541-
0824; e-mail address: link.tom@epa.gov.

 
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ANNOUNCEMENT 5


Subject: WATER - ND. EPA. Beaches Environmental Assessment and Coastal Health Act
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]              
[Page 58229-58230]

ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-8725-1]

Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of National List of Beaches under the
Beaches Environmental Assessment and Coastal Health Act.

-----------------------------------------------------------------------

SUMMARY: This notice informs the public that EPA has updated the
National List of Beaches pursuant to Section 406(g) of the Clean Water
Act (CWA) as amended by the Beaches Environmental Assessment and
Coastal Health (BEACH) Act. EPA is publishing this list under the title
National List of Beaches. Section 406(g) requires EPA to publish a list
of discrete coastal recreation waters adjacent to beaches or similar
points of access that are used by the public and to update the list
periodically as new information becomes available. The list specifies
whether the waters are subject to a monitoring and notification program
consistent with the performance criteria (National Beach Guidance and
Required Performance Criteria for Grants June 2002) EPA published under
CWA section 406(a). The list contains information that coastal and
Great Lakes States made available to EPA as of January 31, 2008, and it
replaces the previous list that EPA published on May 4, 2004. The
National List of Beaches provides a national baseline of the extent of
monitoring of waters adjacent to beaches or similar points of access,
which will allow EPA to measure State program performance in
implementing the monitoring and notification provisions of the BEACH
Act.

ADDRESSES: Address all inquiries concerning this document to Lars
Wilcut, Environmental Scientist, Office of Science and Technology, Mail
Code 4305T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lars Wilcut, (202) 566-0447,
wilcut.lars@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Certain New Chemicals; Receipt and Status Information
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]              
[Page 58230-58235]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0721; FRL-8385-4]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Inventory) to
notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of
TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing
exemption (TME), and to publish periodic status reports on the
chemicals under review and the receipt of notices of commencement to
manufacture those chemicals. This status report, which covers the
period from August 18, 2008 through September 12, 2008, consists of the
PMNs and TME, both pending or expired, and the notices of commencement
to manufacture a new chemical that the Agency has received under TSCA
section 5 during this time period. This status report, also includes a
PMN and TME that were inadvertently ommitted from a previous report
that covered the period from August 4, 2008 through August 15, 2008.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before November 5, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0721, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0721. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
  
FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (202) 554-1404;
e-mail address: TSCA-Hotline@epa.gov.

 
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ANNOUNCEMENT 7


Subject: AIR, WATER - NS. EPA. Notice of Lodging of Consent Decree Under the Clean Air Act; Merit Energy Company, LLC and Shell Exploration & Production Co
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]              
[Page 58267]

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that, on September
30, 2008, a proposed Consent Decree in United States v. Merit Energy
Company, LLC and Shell Exploration & Production Co., Civil Action No.
1:08-cv-917 (W.D. Mich.) was lodged with the United States District
Court for the Western District of Michigan. The Consent Decree
addresses alleged violations of the Clean Air Act, 42 U.S.C. 7401-
7671q, and its implementing regulations at a natural gas processing
facility that is located approximately eight miles northeast of
Manistee, Michigan. Shell Exploration & Production Co. (``Shell'')
constructed the facility in the late 1970s and Shell owned and operated
the facility until it sold it to Merit Energy Company, LLC (``Merit'')
in December 2003. The facility includes a natural gas sweetening unit
that is used to separate sulfur-containing compounds from natural gas
extracted from nearby production wells. The facility also has two Claus
sulfur recovery units that recover elemental sulfur from the
concentrated sulfur-containing gases generated by the sweetening unit.
    The proposed Consent Decree would resolve the claims alleged in the
Complaint in exchange for the Defendants' commitment to implement
appropriate injunctive relief, pay a $500,000 civil penalty, and
perform a $1 million Supplemental Environmental Project. Among other
things, the injunctive relief provisions of the Decree would require
Merit to eliminate all routine emission of sulfur dioxide from the
facility by September 1, 2009, either by shutting the facility down or
by installing and operating a separately-permitted acid gas injection
control system. The Decree also would impose strict limits on emissions
from the facility in non-routine situations, such as during any control
equipment malfunction. Shell and Merit are jointly liable for payment
of the $500,000 civil penalty under the Decree. Finally, the Decree
would require Merit to perform a Supplemental Environmental Project, at
a cost of at least $1 million, that would involve reducing air
pollutant emissions from gas-fired compressors at several other gas
handing facilities near the Manistee natural gas processing facility.
    The Department of Justice will receive comments relating to the
Consent Decree for a period of thirty (30) days from the date of this
publication. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and mailed either
electronically to pubcomment-ees.enrd@usdoj.gov or in hard copy to P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611.
Comments should refer to United States v. Merit Energy Company, LLC and
Shell Exploration & Production Co., Civil Action No. 1:08-cv-917 (W.D.
Mich.) and D.J. Ref. No. 90-5-2-1-09003.
    The Consent Decree may be examined at: (1) The offices of the
United States Attorney, 330 Ionia Avenue, NW., Suite 501, Grand Rapids,
Michigan; and (2) the offices of the U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 14th Floor, Chicago,
Illinois. During the public comment period, the Consent Decree may also
be examined on the following Department of Justice Web site: http://
www.usdoj.gov/enrd/Consent_Decrees.html
. A copy of the Consent Decree
may also be obtained by mail from the Department of Justice Consent
Decree Library, P.O. Box 7611, Washington, DC 20044-7611 or by faxing
or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $14.50 (58 pages at 25 cents per page
reproduction cost) payable to the U.S. Treasury.

 
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ANNOUNCEMENT 8


Subject: TRANSPORT - ND. DOT. No FEAR Act Notice; Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]              
[Page 58292-58293]

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT-0ST-2008-0296]

Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Office of the Secretary.

ACTION: No FEAR Act Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
concerning the annual obligation of Federal agencies to notify all
employees, former employees, and applicants for Federal employment of
the rights and protections available to them under the Federal
Antidiscrimination Laws and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Caffin Gordon, Associate Director of
Policy and Quality Control Division, S-35, Departmental Office of Civil
Rights, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue, SE., Washington, DC 20590, 202 366-4648 or
(TTY) 202-366-8538.

 
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ANNOUNCEMENT 9


Subject: ENERGY/Coal - NM. DOE. National Coal Council; Notice of Open Meeting
 
[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]              
[Page 58216]

DEPARTMENT OF ENERGY

National Coal Council; Notice of Open Meeting

AGENCY: Department of Energy, Office of Fossil Energy.

ACTION: Notice of open meeting.

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SUMMARY: This notice announces a meeting of the National Coal Council
(NCC). Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770)
requires notice of these meetings be announced in the Federal Register.

DATES: Friday, November 14, 2008 9 a.m.-12 Noon.

ADDRESSES: Westin Grand Hotel, 2350 M Street, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Kane, Phone: (202) 586-
4753, U.S. Department of Energy, Office of Fossil Energy, Washington,
DC 20585.

 
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