Monday, December 15, 2008

Environmental Federal Register, Vol. 73, No. 241, December 15, 2008

Readers & Subscribers: Please see the Readers Note in the right column. We are still hoping to identify corporate sponsors to help in continuing this public service. We will display your company banner ad for a modest contribution. If you are interested or have suggestions, please contact us at: info@ecobizport.com.
 
Federal Register
Vol. 73, No. 241
Monday, December 15, 2008
 
There are 7 announcements in this issue
 
    1. AIR, CLIMATE - FRI. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
    2. AIR, CLIMATE - FRD. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
    3. AIR, CLIMATE - PR. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
    4. TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides; EPA ICR No. 0161.11, OMB Control No. 2070-0027
 
    5. AIR - NM. EPA. Clean Air Act Advisory Committee (CAAAC): Notice of Meeting
 
    6. LAND - ND. USDA/Forest Servcie. Information Collection; Role of Communities in Stewardship Contracting Projects
 
    7. ENERGY - ND. DOI/MMS. Environmental Documents Prepared for Proposed Oil, Gas, and Mineral Operations by the Gulf of Mexico Outer Continental Shelf (OCS)
Region
        

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, CLIMATE - FRI. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Rules and Regulations]              
[Page 75959-75968]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0744; FRL-8750-8]
RIN 2060-AP35

Rulemaking To Reaffirm the Promulgation of Revisions of the Acid
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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

SUMMARY: EPA is taking interim final action to reaffirm the
promulgation of certain revisions of the Acid Rain Program rules in
order to prevent disruption of this program, which has achieved
significant, cost-effective reductions in sulfur dioxide
(SO2) emissions from utility sources since its commencement
in 1995. These rule revisions were finalized in the Federal Register
notices that also finalized the Clean Air Interstate Rule (CAIR) and
the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court
of Appeals for the District of Columbia Circuit recently issued a
decision vacating and remanding CAIR and the CAIR FIPs. EPA and other
parties have petitioned for rehearing, and the Court has not yet issued
a mandate in the case. These revisions to the Acid Rain Program rules
were not addressed by, or involved in any of the issues raised by, any
parties in the proceeding or the Court. EPA believes it is reasonable
to view these revisions as unaffected by the Court's decision. However,
EPA is reaffirming--pursuant to its authority under Title IV of the
Clean Air Act (CAA) and CAA section 301--the promulgation of these
revisions in this interim final rule in order to remove any uncertainty
about their legal status because they have been in effect since mid-
2006, most of them are crucial to the ongoing operation of the Acid
Rain Program, and the rest of them streamline and clarify requirements
of the program.

DATES: This action is effective on December 15, 2008 and will continue
in effect until December 15, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0774, which incorporates by reference the dockets
for CAIR and the CAIR FIPs (Docket ID Nos. EPA-HQ-OAR-2003-0053 and
EPA-HQ-OAR-2004-0076). All documents in the docket are listed in the
Federal Docket Management System index at http://www.regulations.gov.
Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
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 Air and Radiation
Docket, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. 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 and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Clean Air Markets
Division, U.S. Environmental Protection Agency, Clean Air Markets
Division, MC 6204J, Ariel Rios Building, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, telephone (202) 343-9151, e-mail at
alpern.dwight@epa.gov. Electronic copies of this document can be
accessed through the EPA Web site at: http://www.epa.gov/airmarkets.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR, CLIMATE - FRD. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Rules and Regulations]              
[Page 75954-75959]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0774; FRL-8750-9]
RIN 2060-AP35

Rulemaking To Reaffirm the Promulgation of Revisions of the Acid
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to reaffirm the promulgation
of certain revisions of the Acid Rain Program rules in order to prevent
disruption of this program, which has achieved significant, cost-
effective reductions in sulfur dioxide (SO2) emissions from
utility sources since its commencement in 1995. These rule revisions
were finalized in the Federal Register notices that also finalized the
Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans
for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of
Columbia Circuit recently issued a decision vacating and remanding CAIR
and the CAIR FIPs. EPA and other parties have petitioned for rehearing,
and the Court has not yet issued a mandate in the case. These revisions
to the Acid Rain Program rules were not addressed by, or involved in
any of the issues raised by, any parties in the proceeding or the
Court. EPA believes it is reasonable to view these revisions as
unaffected by the Court's decision. However, EPA is reaffirming--
pursuant to its authority under Title IV of the Clean Air Act (CAA) and
CAA section 301--the promulgation of these revisions in this direct
final rule in order to remove any uncertainty about their legal status
because they have been in effect since mid-2006, most of them are
crucial to the ongoing operation of the Acid Rain Program, and the rest
of them streamline and clarify requirements of the program.

DATES: This rule is effective, and the interim final rule (EPA-HQ-OAR-
2008-0744; FRL-8750-8) published simultaneously in the Federal Register
is withdrawn, on April 14, 2009 without further notice, unless EPA
receives adverse comment on the rule by January 29, 2009. If EPA
receives timely adverse comment on the direct final rule, the Agency
will publish a timely withdrawal of the direct final rule in the
Federal Register informing the public that the direct final rule is
being withdrawn and will not take effect and that the interim final
rule is not being withdrawn.
    In addition to submitting written comments on this rule, any party
wanting to submit oral testimony on the rule must request a public
hearing by telephone or by e-mail to EPA by December 22, 2008. If such
a telephone or e-mail request for a public hearing is received by that
date, a public hearing will be held on December 30, 2008 in Washington,
DC. For further information on requesting a public hearing, see the
DATES and SUPPLEMENTARY INFORMATION sections of the proposed rule
published in the Federal Register simultaneously with this notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0774, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    Mail: Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460
    Hand Delivery: Air and Radiation Docket, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
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: Dwight C. Alpern, Clean Air Markets
Division, U.S. Environmental Protection Agency, Clean Air Markets
Division, Mailcode: 6204J, Ariel Rios Building, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, telephone (202) 343-9151, e-mail at
alpern.dwight@epa.gov. Electronic copies of this document can be
accessed through the EPA Web site at: http://epa.gov/airmarkets.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: AIR, CLIMATE - PR. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Proposed Rules]              
[Page 75983-75986]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0774; FRL-8750-7
RIN 2060-AP35

Rulemaking To Reaffirm the Promulgation of Revisions of the Acid
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to reaffirm the promulgation of certain
revisions of the Acid Rain Program rules in order to prevent disruption
of the program, which has achieved significant, cost-effective
reductions in sulfur dioxide (SO2) emissions from utility
sources since its commencement in 1995. These rule revisions were
finalized in the Federal Register notices that also finalized the Clean
Air Interstate Rule (CAIR) and the final Federal Implementation Plans
for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of
Columbia Circuit recently issued a decision vacating and remanding CAIR
and the CAIR FIPs. EPA and other parties have petitioned for rehearing,
and the Court has not yet issued a mandate in the case. These revisions
to the Acid Rain Program rules were not addressed by, or involved in
any of the issues raised by, any parties in the proceeding or the
Court. EPA believes it is reasonable to view these revisions as
unaffected by the Court's decision. However, EPA is proposing to
reaffirm--pursuant to its authority under Title IV of the Clean Air Act
(CAA) and CAA section 301--the promulgation of these revisions in order
to remove any uncertainty about their regulatory status because they
have been in effect since mid-2006, most of them are crucial to the
ongoing operation of the Acid Rain Program, and the rest of them
streamline and clarify requirements of the program.

DATES: Written comments must be received by January 29, 2009. Any
request for a public hearing must be made by telephone or by e-mail to
the person in the FOR FURTHER INFORMATION CONTACT section of this
preamble by December 22, 2008. If such a telephone or e-mail request
for a public hearing is received by that date, a public hearing will be
held on December 30, 2008 in Washington, DC. For additional information
on a public hearing and comments, see the ADDRESSES and SUPPLEMENTARY
INFORMATION sections of this preamble.

ADDRESSES: Submit any comments, identified by Docket ID EPA-HQ-OAR-
2008-0774 (which incorporates by reference the dockets for CAIR and the
CAIR FIPs, i.e., Docket ID Nos. EPA-HQ-OAR-2003-0053 and EPA-HQ-OAR-
2004-0076), by mail to Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Any comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Clean Air Markets
Division, U.S. Environmental Protection Agency, Clean Air Markets
Division, Mailcode: 6204J, Ariel Rios Building, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, telephone (202) 343-9151, e-mail at
alpern.dwight@epa.gov. Electronic copies of this document can be
accessed through the EPA Web site at: http://epa.gov/airmarkets.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides; EPA ICR No. 0161.11, OMB Control No. 2070-0027
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]              
[Page 76025-76026]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0255; FRL-8751-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Foreign Purchaser Acknowledgment
Statement of Unregistered Pesticides; EPA ICR No. 0161.11, OMB Control
No. 2070-0027

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection.
The ICR, which is abstracted below, describes the nature of the
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 14,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2008-0255, to (1) EPA online using http://www.regulations.gov (our
preferred method), by mail--Office of Pesticide Programs (OPP),
Regulatory Public Docket (7502P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Nathanael R. Martin, Field and
External Affairs Division, Office of Pesticide Programs, 7506P,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 703-305-6475; fax number: 703-
305-5884; e-mail address: martin.nathanael@epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 5


Subject: AIR - NM. EPA. Clean Air Act Advisory Committee (CAAAC): Notice of Meeting
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]              
[Page 76027]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8752-1]

Clean Air Act Advisory Committee (CAAAC): Notice of Meeting

AGENCY: Environmental Protection Agency.

ACTION: Notice of Meeting.

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

SUMMARY: The Environmental Protection Agency (EPA) established the
Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to
provide independent advice and counsel to EPA on policy issues
associated with implementation of the Clean Air Act of 1990. The
Committee advises on economic, environmental, technical, scientific,
and enforcement policy issues.

DATES & ADDRESSES: Open meeting notice; Pursuant to 5 U.S.C. App. 2
Section 10(a)(2), notice is hereby given that the Clean Air Act
Advisory Committee will hold its next open meeting on Thursday January
8, 2009 from 8:30 a.m. to 4 p.m. at the Double Tree Hotel at 300 Army
Navy Drive, in Arlington, Virginia. Seating will be available on a
first come, first served basis. The Permits, New Source Review and
Toxics subcommittee will meet on January 7, 2009 from 8:30 a.m. to 12
p.m. The Economic Incentives and Regulatory Innovations subcommittee
and Visions and Goals Work Group will meet jointly on January 7, 2009
from approximately 12:45 p.m. to 4:30 p.m. The agenda for the CAAAC
full committee meeting on January 8, 2009 will be posted on the Clean
Air Act Advisory Committee Web site at http://www.epa.gov/oar/caaac/.
    Inspection of Committee Documents: The Committee agenda and any
documents prepared for the meeting will be publicly available at the
meeting. Thereafter, these documents, together with CAAAC meeting
minutes, will be available by contacting the Office of Air and
Radiation Docket and requesting information under docket OAR-2004-0075.
The Docket office can be reached by e-mail at: a-and-r-Docket@epa.gov
or Fax: 202-566-9744.

FOR FURTHER INFORMATION CONTACT: Concerning the CAAAC, please contact
Pat Childers, Office of Air and Radiation, U.S. EPA (202) 564-1082, FAX
(202) 564-1352 or by mail at U.S. EPA, Office of Air and Radiation
(Mail code 6102 A), 1200 Pennsylvania Avenue, NW., Washington, DC
20004. For information on the Subcommittees, please contact the
following individuals: (1) Permits/NSR/Toxics Integration--Liz Naess,
(919) 541-1892; and (2) Economic Incentives and Regulatory
Innovations--Carey Fitzmaurice, (202)564-1667 (3) Mobile Source
Technical Review--John Guy, (202) 343-9276 Additional Information on
these meetings, CAAAC, and its Subcommittees can be found on the CAAAC
Web site: http://www.epa.gov/oar/caaac/.
    For information on access or services for individuals with
disabilities, please contact Mr. Pat Childers at (202) 564-1082 or
childers.pat@epa.gov. To request accommodation of a disability, please
contact Mr. Childers, preferably at least 10 days prior to the meeting,
to give EPA as much time as possible to process your request.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: LAND - ND. USDA/Forest Servcie. Information Collection; Role of Communities in Stewardship Contracting Projects
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]              
[Page 75996]

DEPARTMENT OF AGRICULTURE

Forest Service

Information Collection; Role of Communities in Stewardship
Contracting Projects

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comment.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Forest Service is seeking comments from all interested individuals and
organizations on the extension with revision of a currently approved
information collection, Role of Communities in Stewardship Contracting
Projects.

DATES: Comments must be received in writing on or before February 13,
2009 to be assured of consideration. Comments received after that date
will be considered to the extent practicable.

ADDRESSES: Comments concerning this notice should be addressed to
Director, Forest Management Staff, USDA Forest Service, Mail Stop 1103,
1400 Independence Avenue, SW., Washington, DC 20250.
    Comments also may be submitted via facsimile to 202-205-1045 or by
e-mail to: InfoCollection0201@fs.fed.us.
    The public may inspect comments received at USDA Forest Service,
Forest Management, Yates Federal Building, 3rd floor SW wing, 1400
Independence Avenue, SW., Washington, DC during normal business hours.
Visitors are encouraged to call ahead to 202-205-1766 to facilitate
entry to the building.

FOR FURTHER INFORMATION CONTACT: Sharon Nygaard-Scott, Forest Service,
Forest Management Staff, 202-205-1766. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339 twenty-four hours a day, every day of
the year, including holidays.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 7


Subject: ENERGY - ND. DOI/MMS. Environmental Documents Prepared for Proposed Oil, Gas, and Mineral Operations by the Gulf of Mexico Outer Continental Shelf (OCS)
Region
 
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]              
[Page 76051-76053]

DEPARTMENT OF THE INTERIOR

Minerals Management Service

Environmental Documents Prepared for Proposed Oil, Gas, and
Mineral Operations by the Gulf of Mexico Outer Continental Shelf (OCS)
Region

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of the Availability of Environmental Documents; Prepared
for OCS Mineral Proposals by the Gulf of Mexico OCS Region.

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

SUMMARY: Minerals Management Service (MMS), in accordance with Federal
Regulations that implement the National Environmental Policy Act
(NEPA), announces the availability of NEPA-related Site-Specific
Environmental Assessments (SEA) and Findings of No Significant Impact
(FONSI), prepared by MMS for the following oil-, gas-, and mineral-
related activities proposed on the Gulf of Mexico and Atlantic OCS.

FOR FURTHER INFORMATION CONTACT: Public Information Unit, Information
Services Section at the number below. Minerals Management Service, Gulf
of Mexico OCS Region, Attention: Public Information Office (MS 5034),
1201 Elmwood Park Boulevard, Room 114, New Orleans, Louisiana 70123-
2394, or by calling 1-800-200-GULF.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: