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. 244
Thursday, December 18, 2008
Vol. 73, No. 244
Thursday, December 18, 2008
There are 4 announcements in this issue
1. AIR, REMED - FR. EPA. CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms
2. AIR - ND. EPA. Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of a New Reference Method
3. WILDLIFE - PR. DOI/FWS. Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Change the Listing Status of the Canada Lynx
4. HAZ/Nuclear - NM. U.S. Nuclear Waste Technical Review Board; Re: For spent nuclear fuel and high level radioactive waste at Yucca Mountain in Nevada
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, REMED - FR. EPA. CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms
[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Rules and Regulations]
[Page 76948-76960]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 302 and 355
[EPA-HQ-SFUND-2007-0469; FRL-8753-9]
RIN 2050-AG37
CERCLA/EPCRA Administrative Reporting Exemption for Air Releases
of Hazardous Substances From Animal Waste at Farms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule provides an administrative reporting exemption
from particular notification requirements under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended. In addition, this final rule provides a limited administrative
reporting exemption in certain cases from requirements under the
Emergency Planning and Community Right-to-Know Act, also known as Title
III of the Superfund Amendments and Reauthorization Act. Specifically,
the administrative reporting exemption applies to releases of hazardous
substances to the air that meet or exceed their reportable quantity
where the source of those hazardous substances is animal waste at
farms.
Nothing in this final rule changes the notification requirements if
hazardous substances are released to the air from any source other than
animal waste at farms (e.g., ammonia tanks), or if any hazardous
substances from animal waste are released to any other environmental
media, (e.g., soil, ground water, or surface water) when the release of
those hazardous substances is at or above its reportable quantity.
Also, the administrative reporting exemption under section 103 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
does not limit any of the Agency's other authorities under the
Comprehensive Environmental Response, Compensation, and Liability Act
sections 104 (response authorities), 106 (abatement actions), 107
(liability), or any other provisions of the Comprehensive Emergency
Response, Compensation, and Liability Act or the
Emergency Planning and Community Right to Know Act.
Accordingly, EPA believes this administrative reporting exemption
not only leaves in place important Agency response authorities that can
be used to protect human health and the environment if needed, but also
is consistent with the Agency's goal to reduce reporting burden,
particularly considering that Federal, State or local response
officials are unlikely to respond to notifications of air releases of
hazardous substances from animal waste at farms.
DATES: This final rule is effective on January 20, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. [EPA-HQ-SFUND-2007-0469]. 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 (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 www.regulations.gov or in hard copy at the
Superfund 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, and the
telephone number for the Superfund Docket is (202) 566-0276.
FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy
Development Division, Office of Emergency Management (5104A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-1965; fax number:
(202) 564-2625; e-mail address: Beasley.lynn@epa.gov.
[Rules and Regulations]
[Page 76948-76960]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 302 and 355
[EPA-HQ-SFUND-2007-0469; FRL-8753-9]
RIN 2050-AG37
CERCLA/EPCRA Administrative Reporting Exemption for Air Releases
of Hazardous Substances From Animal Waste at Farms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule provides an administrative reporting exemption
from particular notification requirements under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended. In addition, this final rule provides a limited administrative
reporting exemption in certain cases from requirements under the
Emergency Planning and Community Right-to-Know Act, also known as Title
III of the Superfund Amendments and Reauthorization Act. Specifically,
the administrative reporting exemption applies to releases of hazardous
substances to the air that meet or exceed their reportable quantity
where the source of those hazardous substances is animal waste at
farms.
Nothing in this final rule changes the notification requirements if
hazardous substances are released to the air from any source other than
animal waste at farms (e.g., ammonia tanks), or if any hazardous
substances from animal waste are released to any other environmental
media, (e.g., soil, ground water, or surface water) when the release of
those hazardous substances is at or above its reportable quantity.
Also, the administrative reporting exemption under section 103 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
does not limit any of the Agency's other authorities under the
Comprehensive Environmental Response, Compensation, and Liability Act
sections 104 (response authorities), 106 (abatement actions), 107
(liability), or any other provisions of the Comprehensive Emergency
Response, Compensation, and Liability Act or the
Emergency Planning and Community Right to Know Act.
Accordingly, EPA believes this administrative reporting exemption
not only leaves in place important Agency response authorities that can
be used to protect human health and the environment if needed, but also
is consistent with the Agency's goal to reduce reporting burden,
particularly considering that Federal, State or local response
officials are unlikely to respond to notifications of air releases of
hazardous substances from animal waste at farms.
DATES: This final rule is effective on January 20, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. [EPA-HQ-SFUND-2007-0469]. 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 (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 www.regulations.gov or in hard copy at the
Superfund 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, and the
telephone number for the Superfund Docket is (202) 566-0276.
FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy
Development Division, Office of Emergency Management (5104A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-1965; fax number:
(202) 564-2625; e-mail address: Beasley.lynn@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: AIR - ND. EPA. Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of a New Reference Method
[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77024-77025]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8754-1]
Office of Research and Development; Ambient Air Monitoring
Reference and Equivalent Methods: Designation of a New Reference Method
AGENCY: Environmental Protection Agency.
ACTION: Notice of the designation of a new reference method for
monitoring ambient air quality.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated, in accordance with 40 CFR Part 53, a new
reference method for measuring mass concentrations of coarse
particulate matter (PM10-2.5 ) in the ambient air.
FOR FURTHER INFORMATION CONTACT: Surender Kaushik, Human Exposure and
Atmospheric Sciences Division (MD-D205-03), National Exposure Research
Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711.
Phone: (919) 541-5691, e-mail: Kaushik.Surender@epa.gov.
[Notices]
[Page 77024-77025]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8754-1]
Office of Research and Development; Ambient Air Monitoring
Reference and Equivalent Methods: Designation of a New Reference Method
AGENCY: Environmental Protection Agency.
ACTION: Notice of the designation of a new reference method for
monitoring ambient air quality.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated, in accordance with 40 CFR Part 53, a new
reference method for measuring mass concentrations of coarse
particulate matter (PM
FOR FURTHER INFORMATION CONTACT: Surender Kaushik, Human Exposure and
Atmospheric Sciences Division (MD-D205-03), National Exposure Research
Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711.
Phone: (919) 541-5691, e-mail: Kaushik.Surender@epa.gov.
ANNOUNCEMENT 3
Subject: WILDLIFE - PR. DOI/FWS. Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Change the Listing Status of the Canada Lynx
[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Proposed Rules]
[Page 76990-76994]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0122; MO 9221050083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Change the Listing Status of the Canada Lynx
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to revise the listing of the Canada lynx
(Lynx canadensis) as threatened under the Endangered Species Act of
1973, as amended (Act), to include New Mexico. We find that the
petition presents substantial scientific or commercial information
indicating that changing the listing status of the contiguous United
States Distinct Population Segment of Canada lynx to include New Mexico
may be warranted. Therefore, with the publication of this notice, we
are initiating a further review in response to the petition, and we
will issue a 12-month finding to determine if the petitioned action is
warranted. To ensure that our review is comprehensive, we are
soliciting feedback from the public regarding this species.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before February 17, 2009.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R6-ES-2008-0088; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all information
provided to us at http://www.regulations.gov. This generally means that
we will post any personal information you provide us (see the
Information Solicited section below for more details).
ADDRESSES: This finding is available on the Internet at http://
www.regulations.gov. Supporting documentation we used in preparing this
finding is available for public inspection, by appointment, during
normal business hours at the Montana Ecological Services Field Office,
585 Shepard Way, Helena, MT 59601. Please submit any new information,
materials, comments, or questions concerning this finding to the above
address.
FOR FURTHER INFORMATION CONTACT: Mark Wilson, Field Supervisor, Montana
Ecological Services Field Office (see ADDRESSES section), telephone
406-449-5225. If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.
[Proposed Rules]
[Page 76990-76994]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0122; MO 9221050083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Change the Listing Status of the Canada Lynx
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to revise the listing of the Canada lynx
(Lynx canadensis) as threatened under the Endangered Species Act of
1973, as amended (Act), to include New Mexico. We find that the
petition presents substantial scientific or commercial information
indicating that changing the listing status of the contiguous United
States Distinct Population Segment of Canada lynx to include New Mexico
may be warranted. Therefore, with the publication of this notice, we
are initiating a further review in response to the petition, and we
will issue a 12-month finding to determine if the petitioned action is
warranted. To ensure that our review is comprehensive, we are
soliciting feedback from the public regarding this species.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before February 17, 2009.
ADDRESSES: You may submit information by one of the following methods:
Follow the instructions for submitting comments.
Attn: FWS-R6-ES-2008-0088; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all information
provided to us at http://www.regulations.gov. This generally means that
we will post any personal information you provide us (see the
Information Solicited section below for more details).
ADDRESSES: This finding is available on the Internet at http://
www.regulations.gov. Supporting documentation we used in preparing this
finding is available for public inspection, by appointment, during
normal business hours at the Montana Ecological Services Field Office,
585 Shepard Way, Helena, MT 59601. Please submit any new information,
materials, comments, or questions concerning this finding to the above
address.
FOR FURTHER INFORMATION CONTACT: Mark Wilson, Field Supervisor, Montana
Ecological Services Field Office (see ADDRESSES section), telephone
406-449-5225. If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.
ANNOUNCEMENT 4
Subject: HAZ/Nuclear - NM. U.S. Nuclear Waste Technical Review Board; Re: For spent nuclear fuel and high level radioactive waste at Yucca Mountain in Nevada
[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77081]
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Board Meeting
Board meeting: January 28, 2009-Las Vegas, Nevada; The U.S. Nuclear
Waste Technical Review Board will meet to discuss repository tunnel
stability and ``burnup'' credit related to Department of Energy plans
for a proposed repository for spent nuclear fuel and high level
radioactive waste at Yucca Mountain in Nevada.
Pursuant to its authority under section 5051 of Public Law 100-203,
Nuclear Waste Policy Amendments Act of 1987, the U.S. Nuclear Waste
Technical Review Board will meet in Las Vegas, Nevada, on Wednesday,
January 28, 2009. The focus of the meeting is expected to be repository
tunnel stability and issues related to burnup credit. Burnup is the
amount of energy produced in a nuclear reactor per unit weight of
nuclear fuel. The Board will review U.S. Department of Energy (DOE)
activities related to these and other issues as part of the Board's
ongoing technical evaluation of DOE's proposed plans for disposing of
spent nuclear fuel and high-level radioactive waste (HLW) in a
permanent repository at Yucca Mountain in Nevada.
The Board was charged in the Nuclear Waste Policy Amendments Act of
1987 with conducting an independent review of the technical and
scientific validity of DOE activities related to the implementation of
the Nuclear Waste Policy Act, including transporting, packaging, and
disposing of spent nuclear fuel and HLW.
The Board meeting will be held at the Marriott Suites Convention
Center; 325 Convention Center Drive; Las Vegas, Nevada 89109; (tel)
702-650-2000, (fax) 702-6509466.
A detailed meeting agenda will be available on the Board's Web
site, http://www.nwtrb.gov, approximately one week before the date of
the meeting. The agenda also may be obtained by telephone request at
that time. The meeting will be open to the public, and opportunities
for public comment will be provided.
Board Chairman B. John Garrick will call the meeting to order at 8
a.m. Dr. Garrick's remarks will be followed by a DOE program overview
and science update. The balance of the morning agenda will be devoted
to discussions of drift stability, thermal conductivity of drift
collapse material, and the effects of the presence of drift collapse
material on waste package temperatures. After lunch, issues related to
the allowance of burnup credit will be discussed, and an update of the
Welding-Closure Cell work will be presented.
Time will be set aside at the end of the day for public comments.
Those wanting to speak are encouraged to sign the ``Public Comment
Register'' at the check-in table. A time limit may have to be set on
individual remarks, but written comments of any length may be submitted
for the record.
Transcripts of the meeting will be available on the Board's Web
site, by e-mail, on computer disk, and on a library-loan basis in paper
format from Davonya Barnes of the Board's staff no later than February
16, 2009.
A block of rooms has been reserved for meeting attendees at the
Marriott Suites. When making a reservation, please state that you will
be attending the Nuclear Waste Technical Review Board meeting, Group
Code: NWT. Reservations should be made by Monday, January 5, 2009, to
ensure receiving the meeting rate. To make reservations, call 1-800-
228-9290.
For more information, contact Karyn Severson, NWTRB External
Affairs; 2300 Clarendon Boulevard, Suite 1300; Arlington, VA 22201-
3367; (tel) 703-235-4473; (fax) 703-235-4495.
[Notices]
[Page 77081]
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Board Meeting
Board meeting: January 28, 2009-Las Vegas, Nevada; The U.S. Nuclear
Waste Technical Review Board will meet to discuss repository tunnel
stability and ``burnup'' credit related to Department of Energy plans
for a proposed repository for spent nuclear fuel and high level
radioactive waste at Yucca Mountain in Nevada.
Pursuant to its authority under section 5051 of Public Law 100-203,
Nuclear Waste Policy Amendments Act of 1987, the U.S. Nuclear Waste
Technical Review Board will meet in Las Vegas, Nevada, on Wednesday,
January 28, 2009. The focus of the meeting is expected to be repository
tunnel stability and issues related to burnup credit. Burnup is the
amount of energy produced in a nuclear reactor per unit weight of
nuclear fuel. The Board will review U.S. Department of Energy (DOE)
activities related to these and other issues as part of the Board's
ongoing technical evaluation of DOE's proposed plans for disposing of
spent nuclear fuel and high-level radioactive waste (HLW) in a
permanent repository at Yucca Mountain in Nevada.
The Board was charged in the Nuclear Waste Policy Amendments Act of
1987 with conducting an independent review of the technical and
scientific validity of DOE activities related to the implementation of
the Nuclear Waste Policy Act, including transporting, packaging, and
disposing of spent nuclear fuel and HLW.
The Board meeting will be held at the Marriott Suites Convention
Center; 325 Convention Center Drive; Las Vegas, Nevada 89109; (tel)
702-650-2000, (fax) 702-6509466.
A detailed meeting agenda will be available on the Board's Web
site, http://www.nwtrb.gov, approximately one week before the date of
the meeting. The agenda also may be obtained by telephone request at
that time. The meeting will be open to the public, and opportunities
for public comment will be provided.
Board Chairman B. John Garrick will call the meeting to order at 8
a.m. Dr. Garrick's remarks will be followed by a DOE program overview
and science update. The balance of the morning agenda will be devoted
to discussions of drift stability, thermal conductivity of drift
collapse material, and the effects of the presence of drift collapse
material on waste package temperatures. After lunch, issues related to
the allowance of burnup credit will be discussed, and an update of the
Welding-Closure Cell work will be presented.
Time will be set aside at the end of the day for public comments.
Those wanting to speak are encouraged to sign the ``Public Comment
Register'' at the check-in table. A time limit may have to be set on
individual remarks, but written comments of any length may be submitted
for the record.
Transcripts of the meeting will be available on the Board's Web
site, by e-mail, on computer disk, and on a library-loan basis in paper
format from Davonya Barnes of the Board's staff no later than February
16, 2009.
A block of rooms has been reserved for meeting attendees at the
Marriott Suites. When making a reservation, please state that you will
be attending the Nuclear Waste Technical Review Board meeting, Group
Code: NWT. Reservations should be made by Monday, January 5, 2009, to
ensure receiving the meeting rate. To make reservations, call 1-800-
228-9290.
For more information, contact Karyn Severson, NWTRB External
Affairs; 2300 Clarendon Boulevard, Suite 1300; Arlington, VA 22201-
3367; (tel) 703-235-4473; (fax) 703-235-4495.
