Thursday, January 15, 2009

Environmental Federal Register, Vol. 74, No. 10, January 15, 2009

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Federal Register
Vol. 74, No. 10
Thursday, January 15, 2009
 
 
There are 8 announcements in this issue
 
    1. AIR - FR. EPA. Finding of Failure To Submit State Implementation Plans Required by the 1999 Regional Haze Rule
 
    2. AIR - FR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation and Project Netting
 
    3. WATER - PR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments; To exempt milk containers and associated piping and appurtenances
 
    4. AIR - PR/Withdrawal. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking
 
    5. LAND, WATER - FRI. USDA/Natural Resources Conservation Service and Commodity Credit Corporation. Environmental Quality Incentives Program
 
    6. WATER - FRI. USDA/Natural Resources Conservation Service and Commodity Credit Corporation. Wetlands Reserve Program
 
    7. AIR, WATER - FR. DOD/Defense Acquisition Regulations System. Defense Federal Acquisition Regulation Supplement; Clean Air Act and Clean Water Act Exemptions (DFARS Case 2007-D022)
 
    8. TOXICS - NM. National Nanotechnology Coordination Office (NNCO).  Nanoscale Science, Engineering and Technology Subcommittee, National Science and Technology Council, Committee on Technology; Human and Environmental Exposure Assessment Workshop: Public 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 - FR. EPA. Finding of Failure To Submit State Implementation Plans Required by the 1999 Regional Haze Rule
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2392-2395]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-8762-7]

Finding of Failure To Submit State Implementation Plans Required
by the 1999 Regional Haze Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is taking a final action finding that 37 states, the
District of Columbia, and the U.S. Virgin Islands have failed to submit
for EPA review and approval State Implementation Plans (SIPs) for
improving visibility in the nation's national parks and wilderness
areas. Under the Clean Air Act (CAA) and EPA's implementing
regulations, states were required to submit these SIPs to EPA by
December 17, 2007. These SIPs must contain a number of elements,
including importantly: For each mandatory Class I federal area in a
state, reasonable progress goals providing for an improvement in
visibility for the most impaired days and ensuring no degradation in
visibility for the least impaired days; a long-term strategy for
improving visibility, including enforceable emissions limitations, for
meeting the reasonable progress goals; and Best Available Retrofit
Technology (BART) determinations for certain older existing stationary
sources. By this action, the EPA is making a finding of failure to
submit for those states that have not submitted a SIP or have submitted
a SIP that addresses only part of the requirements.

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

FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to Mr. Todd Hawes, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code: C539-
04, 109 TW Alexander Drive, Research Triangle Park, NC 27709; telephone
(919) 541-5591.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR - FR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation and Project Netting
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2376-2383]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-8762-8]
RIN 2060-AL75

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Aggregation and Project Netting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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

SUMMARY: The EPA is taking final action on one part of the September
14, 2006 Federal Register proposed rule for the New Source Review (NSR)
program. The purpose of the proposed rule was to clarify for sources
and permitting authorities three aspects of the NSR program--
aggregation, debottlenecking, and project netting--that pertain to how
to determine what emissions increases and decreases to consider in
determining major NSR applicability for modified sources. This final
action addresses only aggregation.
    This action retains the current rule text for aggregation and
interprets that rule text to mean that sources and permitting
authorities should combine emissions when activities are
``substantially related.'' It also adopts a rebuttable presumption that
activities at a plant can be presumed not to be substantially related
if they occur three or more years apart.
    With respect to the other two components of the originally proposed
rule, the EPA is taking no action on the proposed rule for project
netting and, by way of a separate document published in the ``Proposed
Rules'' section of this Federal Register, is withdrawing the proposed
provisions for debottlenecking.

DATES: This final rule is effective on February 17, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Air Quality
Policy Division, Office of Air Quality Planning and Standards (C504-
03), Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number: (919) 541-2380; fax number: (919) 541-5509, e-mail
address: svendsgaard.dave@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: WATER - PR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure Rule Requirements--Amendments; To exempt milk containers and
associated piping and appurtenances
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Proposed Rules]
[Page 2461-2465]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2008-0821; FRL-8762-6]
RIN 2050-AG650

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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to amend the Spill Prevention, Control, and Countermeasure
(SPCC) rule to tailor and streamline the requirements for the dairy
industry. Specifically, EPA proposes to exempt milk containers and
associated piping and appurtenances from the SPCC requirements provided
they are constructed according to the current applicable 3-A Sanitary
Standards, and are subject to the current applicable Grade ``A''
Pasteurized Milk Ordinance (PMO) or a State dairy regulatory
requirement equivalent to the current applicable PMO. This proposal
addresses concerns raised specifically by the dairy sector on the
applicability of the SPCC requirements to milk containers.

DATES: Comments must be received on or before February 17, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2008-0821, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    Mail: EPA Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., 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: 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 proposed 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 4


Subject: AIR - PR/Withdrawal. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Proposed Rules]
[Page 2460]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-8763-1]
RIN 2060-AL75

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Debottlenecking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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

SUMMARY: The EPA is withdrawing the proposed rule for
``debottlenecking'' published in the Federal Register on September 14,
2006. Debottlenecking is a concept used in the EPA's New Source Review
(NSR) program and refers to how emissions from units upstream and
downstream from the unit(s) undergoing a physical or operational change
are included in the calculation of an emissions increase for the
project. The intent of the September 14, 2006 proposal was to clarify
how to consider emissions increases and decreases when determining
major NSR applicability for sources that undergo a modification(s). Two
other NSR elements included in that proposal--aggregation and project
netting--are discussed in a separate document published in the
``Rules'' section of this Federal Register.
    The decision to withdraw the rule proposal for debottlenecking is
due to a variety of concerns raised by commenters on the viability of
each of the proposed options. Regarding our preferred option, legal
causation, we proposed to apply a ``but for'' legal cause test to
account for debottlenecked emissions. However, limiting its application
to only Prevention of Significant Deterioration and NSR permits, as
several commenters suggested, would have severely narrowed its utility
and required devising another regulatory strategy for nonqualifying
permits. With respect to the other two proposed options, we had
difficulty in finding workable solutions to some of the implementation
issues raised by commenters. In light of the complexities we
encountered with the proposed options, we have decided to withdraw the
proposed rule for debottlenecking.

DATES: On January 15, 2009, the EPA hereby withdraws the proposed rule
for NSR Debottlenecking published at 71 FR 54235.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Air Quality
Policy Division, Office of Air Quality Planning and Standards (C504-
03), Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number: (919) 541-2380; fax number: (919) 541-5509, e-mail
address: svendsgaard.dave@epa.gov.

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

ANNOUNCEMENT 5


Subject: LAND, WATER - FRI. USDA/Natural Resources Conservation Service and Commodity Credit Corporation. Environmental Quality Incentives Program
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2293-2317]

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1466

RIN 0578-AA45

Environmental Quality Incentives Program

AGENCY: Natural Resources Conservation Service and Commodity Credit
Corporation, United States Department of Agriculture.

ACTION: Interim final rule with request for comment.

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

SUMMARY: This interim final rule with request for comment amends the
existing Environmental Quality Incentives Program (EQIP) regulations to
incorporate programmatic changes as authorized by amendments in the
Food, Conservation, and Energy Act of 2008 (2008 Act).

DATES: Effective Date: This rule is effective January 15, 2009.
    Comment date: Submit comments on or before March 16, 2009.

ADDRESSES: You may send comments (identified by Docket Number NRCS-IFR-
08005), which will be available to the public in their entirety, using
any of the following methods:
    Government-wide rulemaking Web site: Go to http://regulations.gov
and follow the instructions for sending comments electronically.
    Mail: Financial Assistance Programs Division, U.S. Department of
Agriculture, Natural Resources Conservation Service, 1400 Independence
Avenue, SW., Room 5237S, Washington, DC 20250-2890.
    Fax: (202) 720-4265.
    Hand Delivery Room: Room 5237S of the USDA South Office Building,
1400 Independence Avenue, SW., Room 5237, Washington, DC 20250, between
9 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
    This interim final rule may be accessed via Internet. Users can
access the NRCS homepage at http://www.nrcs.usda.gov/; select the Farm
Bill link from the menu; select the Interim final link from beneath the
Final and Interim Final Rules Index title. 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).
    To view public comments, please ask the guard at the entrance to
the South Office Building to call 202-720-4527 in order to be escorted
into the building.

FOR FURTHER INFORMATION CONTACT: Greg Johnson, Director, Financial
Assistance Programs Division, U.S. Department of Agriculture, Natural
Resources Conservation Service, Room 5237, P.O. Box 2890, Washington,
DC 20013-2890. Phone: (202) 720-1845. Fax: (202) 720-4265.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: WATER - FRI. USDA/Natural Resources Conservation Service and Commodity Credit Corporation. Wetlands Reserve Program
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2317-2337]

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1467

RIN 0578-AA47

Wetlands Reserve Program

AGENCY: Natural Resources Conservation Service and Commodity Credit
Corporation, United States Department of Agriculture.

ACTION: Interim final rule with request for comment.

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

SUMMARY: The Wetlands Reserve Program (WRP) assists owners of eligible
land in restoring and protecting wetlands. This interim final rule sets
forth how the Natural Resources Conservation Service (NRCS), an agency
of the U.S. Department of Agriculture (USDA), using the funds,
facilities, and authorities of the Commodity Credit Corporation (CCC),
will implement WRP in response to changes made to the program by the
Food, Conservation, and Energy Act of 2008. In addition, this interim
final rule incorporates other changes to the regulation for
clarification or program administration improvement.

DATES: Effective Date: The rule is effective January 15, 2009.
    Comment Date: Submit comments on or before March 16, 2009.

ADDRESSES: You may send comments (identified by Docket Number NRCS-IFR-
08013) using any of the following methods:
    Government-wide rulemaking Web site: Go to http://
www.regulations.gov
and follow the instructions for sending comments
electronically.
    Mail: Easements Programs Division, Natural Resources
Conservation Service, Wetlands Reserve Program Comments, P.O. 2890,
Room 6819-S, Washington, DC 20013.
    Fax: 1-202-720-9689.
    Hand Delivery: Room 6819-S of the USDA South Office
Building, 1400 Independence Avenue, SW., Washington, DC 20250, between
9 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
Please ask the guard at the entrance to the South Office Building to
call 202-720-4527 in order to be escorted into the building.
    This interim final rule may be accessed via Internet.
Users can access the NRCS homepage at http://www.nrcs.usda.gov/; select
the Farm Bill link from the menu; select the Interim final link from
beneath the Final and Interim Final Rules Index title. 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).

FOR FURTHER INFORMATION CONTACT: Robin Heard, Director, Easement
Programs Division, U.S. Department of Agriculture, Natural Resources
Conservation Service, Room 6819, P.O. Box 2890, Washington, DC 20013-
2890; Phone: (202) 720-1854; Fax: (202) 720-9689; or e-mail:
WRP2008@wdc.usda.gov.

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

ANNOUNCEMENT 7


Subject: AIR, WATER - FR. DOD/Defense Acquisition Regulations System. Defense Federal Acquisition Regulation Supplement; Clean Air Act and Clean Water Act Exemptions (DFARS Case 2007-D022)
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2414]

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 209

RIN 0750-AF97

Defense Federal Acquisition Regulation Supplement; Clean Air Act
and Clean Water Act Exemptions (DFARS Case 2007-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address the procedures
that apply when it is necessary to award to a contractor that is
otherwise excluded from Federal procurement programs due to a violation
of the Clean Air Act or the Clean Water Act.

DATES: Effective Date: January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile
703-602-7887. Please cite DFARS Case 2007-D022.

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

ANNOUNCEMENT 8


Subject: TOXICS - NM. National Nanotechnology Coordination Office (NNCO).  Nanoscale Science, Engineering and Technology Subcommittee, National Science and Technology Council, Committee on Technology; Human and Environmental Exposure Assessment Workshop: Public Meeting
 
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2635-2636]

NATIONAL NANOTECHNOLOGY COORDINATION OFFICE

Nanoscale Science, Engineering and Technology Subcommittee,
National Science and Technology Council, Committee on Technology; Human
and Environmental Exposure Assessment Workshop: Public Meeting

ACTION: Notice of public meeting.

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

SUMMARY: The National Nanotechnology Coordination Office (NNCO), on
behalf of the Nanoscale Science, Engineering, and Technology (NSET)
Subcommittee of the Committee on Technology, National Science and
Technology Council (NSTC), will hold a workshop on February 24-25, 2009
to provide an open forum to discuss the state-of-the-art of the science
related to environmental, health, and safety aspects of engineered
nanoscale materials in the area of human and environmental exposure
assessment. Human and Environmental Exposure Assessment is one of the
five environmental, health, and safety research categories identified
in the NSET Subcommittee document Strategy for Nanotechnology-Related
Environmental, Health, and Safety Research (http://www.nano.gov/NNI_
EHS_Research_Strategy.pdf
), which was released February 14, 2008.

DATES: The public meeting will be held on Tuesday, February 24, 2009
from 8 a.m. until 5:30 p.m. and on Wednesday, February 25, 2009 from 8
a.m. to 12:30 p.m.

ADDRESSES: The public meeting will be at the Consumer Protection Safety
Commission conference facility, 4330 East West Highway, Bethesda, MD
20814 (Metro stop: Bethesda on the Red Line). For directions, please
see http://www.cpsc.gov/about/direct.html.
    Registration: Due to space limitations and security requirements,
pre-registration for the workshop is required. People interested in
attending the workshop should register online at http://www.nano.gov/
html/meetings/exposure/registration.html
. Written notices of
participation by e-mail should be sent to exposure@nnco.nano.gov.
Written notices may be mailed to the Exposure Assessment Workshop, c/o
NNCO, 4201 Wilson Blvd., Stafford II, Suite 405, Arlington, VA 22230.
Registration is on a first-come, first-serve basis. Registration will
close on February 21, 2009 at 5 p.m. EST.
    Information about the meeting, including the agenda, is posted at
http://www.nano.gov.

FOR FURTHER INFORMATION, CONTACT: For information regarding this
Notice, please contact Liesl Heeter, National Nanotechnology
Coordination Office. Telephone: (703) 292-4533. E-mail:
exposure@nnco.nano.gov.

 
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