Friday, December 5, 2008

Environmental Federal Register, Vol. 73, No. 235, December 5, 2008

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Federal Register
Vol. 73, No. 235
Friday, December 5, 2008
 
 
There are 6 announcements in this issue
 
    1. WATER, HAZ - FR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments
 
    2. TOXICS - ND. USDA/Agricultural Research Service. Solicitation of Nominations, Advisory Committee on Biotechnology and 21st Century Agriculture
 
    3. HAZ - ND. Chemical Safety and Hazard Investigation Board. Senior Executive Service Performance Review Board
 
    4. TOXICS - ICR. DOL/OSHA. The Cadmium in Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
 
    5. TOXICS - ICR. DOL/OSHA. The Cadmium in General Industry Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
 
    6. ENERGY - ND. DOS. Notice of Availability of the Draft Environmental Impact
Statement; Enbridge Energy, Limited Partnership (Alberta Clipper Project)
   

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: WATER, HAZ - FR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments
 
[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Rules and Regulations]              
[Page 74235-74323]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2007-0584; FRL-8746-3]
RIN 2050-AG16

Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure Rule Requirements--Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
amending the Spill Prevention, Control, and Countermeasure (SPCC) rule
in order to provide increased clarity, to tailor requirements to
particular industry sectors, and to streamline certain requirements for
those facility owners or operators subject to the rule, which should
result in greater protection to human health and the environment.
Specifically, this final rule: Exempts hot-mix asphalt (HMA), pesticide
application equipment and related mix containers, and heating oil
containers at single-family residences from the SPCC rule; amends the
definition of ``facility'' to clarify the existing flexibility
associated with describing a facility's boundaries; amends the facility
diagram requirement to provide additional flexibility; defines
``loading/unloading rack'' to clarify the equipment subject to the
provisions for facility tank car and tank truck loading/unloading
racks, as well as amends the provisions for this equipment; provides
streamlined requirements for a subset of qualified facilities; amends
the general secondary containment requirement to provide more clarity;
exempts non-transportation-related tank trucks from the sized secondary
containment requirements; amends the security requirements; amends the
integrity testing requirements to allow greater flexibility in the use
of industry standards; amends the integrity testing requirements for
containers that store animal fats or vegetable oils and meet certain
criteria; streamlines a number of requirements for onshore oil
production facilities; and exempts underground oil storage tanks at
nuclear power generation facilities. EPA is also providing
clarification in the preamble to this final rule on additional issues
raised by the regulated community and, in a separate action in the
Federal Register of November 26, 2008, (73 FR 72016), the Agency is
proposing a new compliance date for farms.

DATES: This final rule is effective February 3, 2009.

ADDRESSES: The public docket for this rulemaking, Docket ID No. EPA-HQ-
OPA-2007-0584, contains the information related to this rulemaking,
including the response to comment document. All documents in the docket
are listed in index at the http://www.regulations.gov. Although listed
in the index, some information may not be publicly available, such as
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at the EPA
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 of the Public Reading Room is 202-566-1744, and the telephone
number to make an appointment to view the docket is 202-566-0276.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information on specific aspects of this final rule, contact
either Vanessa E. Rodriguez at 202-564-7913
(rodriguez.vanessa@epa.gov), or Mark W. Howard at 202-564-1964
(howard.markw@epa.gov), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC, 20460-0002, Mail Code 5104A.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: TOXICS - ND. USDA/Agricultural Research Service. Solicitation of Nominations, Advisory Committee on Biotechnology and 21st Century Agriculture
 
[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Notices]              
[Page 70613]

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

AGENCY: Office of the Under Secretary, Research, Education, and
Economics, USDA.

ACTION: Solicitation of Nominations, Advisory Committee on
Biotechnology and 21st Century Agriculture.

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SUMMARY: Pursuant to 5 U.S.C. App., the Agricultural Research Service
is requesting nominations for qualified persons to serve as members of
the Secretary's Advisory Committee on Biotechnology and 21st Century
Agriculture (AC21). The charge for the AC21 is two-fold: to examine the
long-term impacts of biotechnology on the U.S. food and agriculture
system and USDA; and to provide guidance to USDA on pressing individual
issues, identified by the Office of the Secretary, related to the
application of biotechnology in agriculture.

DATES: Written nominations must be received by fax or postmarked on or
before December 22, 2008.

ADDRESSES: All nomination materials should be sent to Michael
Schechtman, Designated Federal Official, Office of the Deputy
Secretary, USDA, 202B Jamie L. Whitten Federal Building, 14th and
Independence Avenue, SW., Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Michael Schechtman, Telephone (202)
720-3817.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: HAZ - ND. Chemical Safety and Hazard Investigation Board. Senior Executive Service Performance Review Board
 
[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Notices]              
[Page 74138-74139]

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

Senior Executive Service Performance Review Board

AGENCY: Chemical Safety and Hazard Investigation Board.

ACTION: Notice.

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

SUMMARY: This notice announces a change in the membership of the Senior
Executive Service Performance Review Board for the Chemical Safety and
Hazard Investigation Board (CSB).

DATES: Effective December 5, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher Kirkpatrick, Office of
General Counsel, (202) 261-7600.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - ICR. DOL/OSHA. The Cadmium in Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
 
[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Notices]              
[Page 74197-74199]

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0051]

The Cadmium in Construction Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Cadmium in Construction Standard (29 CFR 1926.1127).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 3, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0051,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail,
messenger, and courier service) are accepted during the Department of
Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45
p.m., e.t.
  
FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2222.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 5


Subject: TOXICS - ICR. DOL/OSHA. The Cadmium in General Industry Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
 
[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Notices]              
[Page 74199-74200]

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0052]

The Cadmium in General Industry Standard; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Cadmium in General Industry Standard (29 CFR 1910.1027).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 3, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0052,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
 
FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2222.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: ENERGY - ND. DOS. Notice of Availability of the Draft Environmental Impact
Statement; Enbridge Energy, Limited Partnership (Alberta Clipper Project)
 
[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Notices]              
[Page 74221-74223]

DEPARTMENT OF STATE

[Public Notice 6443]

Notice of Availability of the Draft Environmental Impact
Statement; Enbridge Energy, Limited Partnership (``Alberta Clipper
Project'')

AGENCY: Department of State.

ACTION: Notice of Availability of the Draft Environmental Impact
Statement; Enbridge Energy, Limited Partnership (``Alberta Clipper
Project'').

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

SUMMARY: The staff of the Department of State has prepared a Draft
Environmental Impact Statement (EIS) for the proposed Enbridge Energy,
Limited Partnership (``Enbridge'') Alberta Clipper Pipeline Project.
Enbridge has applied to the Department of State for a Presidential
Permit, pursuant to Executive Order 13337 of April 30, 2004, to
construct, connect, operate, and maintain a 36-inch diameter crude oil
and liquid hydrocarbon pipeline at the U.S.-Canadian border near Neche,
Pembina County, North Dakota, for the purpose of transporting liquid
hydrocarbons and other petroleum products between the United States and
Canada. Enbridge seeks this authorization in connection with its
Alberta Clipper Pipeline Project (``Alberta Clipper Project''), which
is designed to transport Canadian crude oil from the Western Canadian
Sedimentary Basin (``WCSB'') to existing refinery markets primarily in
the Midwest region of the United States.
    The Secretary of State is designated and empowered to receive all
applications for Presidential Permits, as referred to in Executive
Order 13337, as amended, for the construction, operation, or
maintenance, at the borders of the United States, of facilities for the
exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country.
    Any person wishing to comment on the Draft EIS may do so. To ensure
consideration prior to a Department of State decision on the Enbridge
proposal, it is important that we receive your comments by January 30,
2009.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: