Tuesday, December 16, 2008

Environmental Federal Register, Vol. 73, No. 242, December 16, 2008

Federal Register
Vol. 73, No. 242
Tuesday, December 16, 2008
 
 
There are 6 announcements in this issue
 
    1. AIR - FR. EPA. National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production; National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards (Acetal Resins Production and Hydrogen Fluoride Production) (Risk and Technology Review)
 
    2. AIR - FRD/Withdrawal. 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
 
    3. WATER - NM. DOD/Corps of Engineers. Chief of Engineers Environmental Advisory Board
 
    4. WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear
 
    5. WILDLIFE - FR. DOI/Fish and Wildlife Service & DOC/NOAA. Interagency Cooperation Under the Endangered Species Act
 
    6. LAND/Agriculture. ND. USDA/Commodity Credit Corporation. Notice of Finding of No Significant Impact on the Final Programmatic Environmental Assessment for 2008 Farm Bill Provisions Regarding the Conservation Reserve Program
   
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 - FR. EPA. National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins (Polysulfide Rubber Production, Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene Production); National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production; National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards (Acetal Resins Production and Hydrogen Fluoride Production) (Risk and Technology Review)
 
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]              
[Page 76220-76230]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2007-0211; FRL-8752-5]
RIN 2060-AO16

National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins (Polysulfide Rubber Production,
Ethylene Propylene Rubber Production, Butyl Rubber Production, Neoprene
Production); National Emission Standards for Hazardous Air Pollutants
for Epoxy Resins Production and Non-Nylon Polyamides Production;
National Emission Standards for Hazardous Air Pollutants for Source
Categories: Generic Maximum Achievable Control Technology Standards
(Acetal Resins Production and Hydrogen Fluoride Production) (Risk and
Technology Review)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This final rule responds to public comments received on the
proposed rule and announces our decision not to revise four national
emission standards for hazardous air pollutants that regulate eight
industrial source categories evaluated in our risk and technology
review. The four national emission standards and eight industrial
source categories are: National Emissions Standards for Hazardous Air
Pollutant Emissions: Group I Polymers and Resins (Polysulfide Rubber
Production, Ethylene Propylene Rubber Production, Butyl Rubber
Production, and Neoprene Rubber Production); National Emission
Standards for Hazardous Air Pollutants for Epoxy Resins Production and
Non-nylon Polyamides Production; National Emission Standards for
Hazardous Air Pollutants for Acetal Resins Production and National
Emission Standards for Hazardous Air Pollutants for Hydrogen Fluoride
Production. The underlying national emission standards that were
reviewed in this action limit and control hazardous air pollutants.
    On December 12, 2007, we proposed not to revise the national
emission standards based on our residual risk assessment and technology
review. After conducting risk and technology reviews, and after
considering public comments on the proposed rule, we conclude no
additional control requirements are warranted under section 112(f)(2)
or 112(d)(6) of the Clean Air Act at this time.

DATES: This final action is effective on December 16, 2008.

ADDRESSES: We have established a docket for this action under Docket ID
No. EPA-HQ-OAR-2007-0211. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information 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 www.regulations.gov or in hard copy at the EPA
Docket Center, Docket ID No. EPA-HQ-OAR-2007-0211, EPA West Building,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. 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 EPA
Docket Center is (202) 566-1742.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR - FRD/Withdrawal. 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: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]              
[Page 76219-76220]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8752-2]
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: Withdrawal of direct final rule.

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

SUMMARY: The EPA issued ``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'' as a direct final rule
on October 6, 2008, 73 FR 58042. Because EPA received an adverse
comment, we are withdrawing the direct final rule amendments to ``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'' published in the Federal Register on October 6, 2008
(73 FR 58042).

DATES: As of December 16, 2008, EPA withdraws the direct final rule
amendments published on October 6, 2008 (73 FR 58042).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0159. All documents in the docket are listed on the
http://www.regulations.gov Web Site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information 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
Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. 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.

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

ANNOUNCEMENT 3


Subject: WATER - NM. DOD/Corps of Engineers. Chief of Engineers Environmental Advisory Board
 
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]              
[Page 76349]

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

Chief of Engineers Environmental Advisory Board

AGENCY: Department of the Army, U.S. Army Corps of Engineers DoD.

ACTION: Notice of open meeting.

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

SUMMARY: In accordance with Section 10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92-463), announcement is made of the following
committee meeting:
    Name of Committee: Chief of Engineers Environmental Advisory Board
(EAB).
    Topic: The EAB will discuss national considerations related to
ecosystem restoration through integrated water resources management
with emphasis on building collaborative partnerships, and the
implementation of the Environmental Operating Principles.
    Date of Meeting: January 15, 2009.
    Place: Marines' Memorial Club and Hotel, 609 Sutter Street, San
Francisco, CA
    Time: 9 a.m. to 12 p.m.
    Thirty minutes will be set side for public comment. Members of the
public who wish to speak are asked to register prior to the start of
the meeting. Registration will begin at 8:30. Statements are limited to
3 minutes.

FOR FURTHER INFORMATION CONTACT: Ms. Rennie Sherman, Executive
Secretary, rennie.h.sherman@usace.army.mil, 202-761-7771.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear
 
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]              
[Page 76249-76269]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R7-ES-2008-0027; MO-9221050083-B2]
RIN 1018-AV79

Endangered and Threatened Wildlife and Plants; Special Rule for
the Polar Bear

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the Fish and Wildlife Service (Service), amend the
regulations at 50 CFR part 17, which implement the Endangered Species
Act, as amended (ESA), to create a final special rule under authority
of section 4(d) of the ESA that provides measures that are necessary
and advisable to provide for the conservation of the polar bear (Ursus
maritimus). The special rule, in most instances, adopts the existing
conservation regulatory requirements under the Marine Mammal Protection
Act of 1972, as amended (MMPA), and the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) as the
appropriate regulatory provisions for this threatened species.
Nonetheless, if an activity is not authorized or exempted under the
MMPA or CITES and would result in an act that would be otherwise
prohibited under the general prohibitions under the ESA for threatened
species (50 CFR 17.31), then the prohibitions at 50 CFR 17.31 apply,
and we would require authorization under 50 CFR 17.32. In addition,
this special rule provides that any incidental take of polar bears that
results from activities that occur outside of the current range of the
species is not a prohibited act under the ESA. This special rule does
not affect any existing requirements under the MMPA, including
incidental take restrictions, or CITES, regardless of whether the
activity occurs inside or outside the current range of the polar bear.
Further, nothing in this special rule affects the consultation
requirements under section 7 of the ESA.

DATES: This final rule becomes effective January 15, 2009.

ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov
and http://ecos.fws.gov/speciesProfile/
SpeciesReport.do?spcode=A0IJ
. Supporting documentation we used in
preparing this final rule will be available for public inspection, by
appointment, during normal business hours, at the Marine Mammal
Management Office, U.S. Fish and Wildlife Service, 1011 East Tudor
Road, Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT: Geoffrey Haskett, Regional Director,
Region 7, U.S. Fish and Wildlife
Service, 1011 East Tudor Road, Anchorage, AK 99503 telephone 907-786-
3309. Persons who use a telecommunications device for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339, 24 hours a day, 7 days a week.

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

ANNOUNCEMENT 5


Subject: WILDLIFE - FR. DOI/Fish and Wildlife Service & DOC/NOAA. Interagency Cooperation Under the Endangered Species Act
 
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]              
[Page 76272-76287]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[1018-AT50]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[0648-AX15]

50 CFR Part 402

Interagency Cooperation Under the Endangered Species Act

AGENCIES: U.S. Fish and Wildlife Service, Interior; National Marine
Fisheries Service; National Oceanic and Atmospheric Administration;
Commerce.

ACTION: Final rule.

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

SUMMARY: With this final rule, the United States Fish and Wildlife
Service and the National Marine Fisheries Service (collectively,
``Services'' or ``we'') amend regulations governing interagency
cooperation under the Endangered Species Act of 1973, as amended (ESA).
This rule clarifies several definitions, provides assistance as to when
consultation under section 7 is necessary, and establishes time frames
for the informal consultation process.

DATES: Effective Date: This rule is effective January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Office of the Assistant Secretary for
Fish and Wildlife and Parks, 1849 C Street, NW., Washington, DC 20240;
telephone: 202-208-4416; or James H. Lecky, Director, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910; telephone: 301-713-2332.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: LAND/Agriculture. ND. USDA/Commodity Credit Corporation. Notice of Finding of No Significant Impact on the Final Programmatic Environmental Assessment for 2008 Farm Bill Provisions Regarding the Conservation Reserve Program
 
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]              
[Page 76331-76332]

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Notice of Finding of No Significant Impact on the Final
Programmatic Environmental Assessment for 2008 Farm Bill Provisions
Regarding the Conservation Reserve Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice; Finding of No Significant Impact.

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SUMMARY: This notice announces that the Commodity Credit Corporation
(CCC) has completed a Final Programmatic Environmental Assessment (PEA)
and is issuing a Finding of No Significant Impact (FONSI) with respect
to the implementation of changes to the Conservation Reserve Program
(CRP) and changes to the Farmable Wetlands Program (FWP) authorized by
the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). FWP
operates as part of CRP.

DATES: We will consider comments that we receive by January 15, 2009.

ADDRESSES: We invite you to submit comments on this Final PEA. In your
comments, include the volume, date, and page number of this issue of
the Federal Register. You may submit comments by any of the following
methods:
    Federal eRulemaking Portal: Go to http://
www.regulations.gov
. Follow the online instructions for submitting
comments.
    E-Mail: 2008crpfarmbill@geo-marine.com.
    Fax: (202) 720-4619.
    Mail: 2008 Farm Bill PEA Comments, c/o Geo-marine
Incorporated, 2713 Magruder Boulevard, Suite D, Hampton, Virginia
23666.
    Hand Delivery or Courier: Deliver comments to the above
address.
    Comments may be inspected in the Office of the Director, CEPD, FSA,
USDA, 1400 Independence Ave., SW., Room 4709 South Building,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. A copy of the FONSI and Final PEA is available through
the FSA home page at http://www.fsa.usda.gov/FSA/webapp?
area=home&subject=ecrc&topic=nep-cd.

FOR FURTHER INFORMATION CONTACT: Matthew Ponish, National Environmental
Compliance Manager, USDA, FSA, CEPD, Stop 0513, 1400 Independence Ave.,
SW., Washington, DC 20250-0513, (202) 720-6853, or e-mail:
Matthew.Ponish@wdc.usda.gov. Persons with disabilities who require
alternative means for communication (Braille, large print, audio tape,
etc.) should contact the USDA Target Center at (202) 720-2600 (voice
and TDD).
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: