Friday, February 13, 2009

Environmental Federal Register, Vol. 74, No. 29, February 13, 2009

Subscribers Note: There will not be a Federal Register published on Monday, February, 16, 2009, in observance of President's Day/Washington's Birthday.
 
Federal Register
Vol. 74, No. 29
Friday, February 13, 2009
 
 
There are 8 announcements in this issue
 
    1. AIR - FR/Reconsideration. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
 
    2. AIR - FR/Delay Effective Date. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
 
    3. TOXICS - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8(e); EPA ICR No. 0794.12, OMB Control No. 2070-0046
 
    4. ENERGY/Nuclear - NM. DOE. 2009 Department of Energy Regional Nuclear Suppliers Outreach Event
 
    5. ENERGY/Nuclear - NM. DOE. DOE/NSF Nuclear Science Advisory Committee
 
    6. ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Teleconference and Webcast
 
    7. LAND, WILDLIFE - ND. USDA/Forest Service. Memorandum of Understanding Between the Forest Service, U.S. Department of Agriculture and the U.S. Fish and Wildlife Service To Promote the Conservation of Migratory Birds
 
    8. WATER - FR/Delay Effective Date. USDA/Rural Utilities Service. Rural Development Guaranteed Loans
   
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/Reconsideration. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Rules and Regulations]              
[Page 7193]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-8773-2]
RIN 2060-AL75

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Reconsideration.

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SUMMARY: On January 30, 2009, the Natural Resources Defense Council
(``NRDC'') submitted a petition for reconsideration (the ``NRDC
Petition'') of the rule addressing ``aggregation'' under the Prevention
of Significant Deterioration and the Nonattainment New Source Review
programs (collectively, ``NSR'') published in the Federal Register on
January 15, 2009. This rule (the ``NSR Aggregation Amendments'')
described when a source must combine (``aggregate'') nominally-separate
physical changes and changes in the method of operation for the purpose
of determining whether they are a single change under NSR and result in
a significant emissions increase.
    In response to the NRDC Petition, having found that the petitioner
has raised objections to the rule that arose after the comment period
and that are of central relevance to the rule, the EPA is convening a
proceeding for reconsideration as provided for under the Clean Air Act
section 307(d)(7)(B). In the near future, EPA will publish a notice in
the Federal Register establishing a comment period and a hearing date
for this proceeding.

DATES: On February 13, 2009, the EPA hereby convenes a proceeding for
reconsideration of the NSR Aggregation Amendments published at 74 FR
2376 (January 15, 2009).

ADDRESSES: Docket: The final rule, the petition for reconsideration,
and all other documents in the record for the rulemaking are in Docket
ID No. EPA-HQ-OAR-2003-0064. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure 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 in http://www.regulations.gov or in hard copy at the Air
and Radiation Docket and Information Center, EPA/DC, EPA West Building,
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: 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.
 
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ANNOUNCEMENT 2


Subject: AIR - FR/Delay Effective Date. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Rules and Regulations]              
[Page 7283-7284]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064; FRL-8773-3]
RIN 2060-AL75

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

AGENCY: Environmental Protection Agency.

ACTION: Delay of effective date.

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

SUMMARY: In a separate document in the ``Rules'' section of this
Federal Register, the Environmental Protection Agency (EPA) announced
the convening of a proceeding for reconsideration of the final rule
that amends the Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR) regulations addressing
aggregation published in the Federal Register on January 15, 2009. By
this action, the EPA is administratively staying and delaying the
effective date of this rule for 90 days. Thus, the January 15, 2009
rule will become effective on May 18, 2009.

DATES: The effective date of FR Doc. E9-815, published in the Federal
Register on January 15, 2009 (74 FR 2376) is delayed to May 18, 2009.

ADDRESSES: Docket: The final rule, the petition for reconsideration,
and all other documents in the record for the rulemaking are in Docket
ID No. EPA-HQ-OAR-2003-0064. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure 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 in http://www.regulations.gov or in hard copy at the Air
and Radiation Docket and Information Center, EPA/DC, EPA West Building,
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: Mr. David J. Svendsgaard, Air Quality
Policy Division, Office of Air Quality Planning and Standards (C504-
03), U.S. Environmental Protection Agency, Research Triangle Park, NC
27711, telephone (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: TOXICS - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Notification of Substantial Risk of Injury to Health
and the Environment under TSCA Section 8(e); EPA ICR No. 0794.12, OMB Control No. 2070-0046
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]              
[Page 7227-7228]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0896; FRL-8401-9]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Notification of Substantial Risk of Injury to Health
and the Environment under TSCA Section 8(e); EPA ICR No. 0794.12, OMB
Control No. 2070-0046

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 EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Notification of Substantial Risk of Injury to Health and
the Environment under TSCA Section 8(e)'' and identified by EPA ICR No.
0794.12 and OMB Control No. 2070-0046, is scheduled to expire on
October 31, 2009. Before submitting the ICR to OMB for review and
approval, EPA is soliciting comments on specific aspects of the
proposed information collection.

DATES: Comments must be received on or before April 14, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0896, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2008-0896. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is (202) 564-8930. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov
.
    For technical information contact: Amuel Kennedy, Risk Assessment
Division (7403M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-7609; fax
number: (202) 564-1626; e-mail address: kennedy.amuel@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: ENERGY/Nuclear - NM. DOE. 2009 Department of Energy Regional Nuclear Suppliers Outreach Event
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]              
[Page 7225]

DEPARTMENT OF ENERGY

2009 Department of Energy Regional Nuclear Suppliers Outreach
Event

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: The Department of Energy (DOE) Office of Environmental
Management (EM), and the National Nuclear Security Administration
(NNSA), will co-sponsor a Regional Nuclear Suppliers Outreach Event for
suppliers interested in providing service and products in the nuclear
sector.

DATES:  March 17-18, 2009, 8 a.m.-5 p.m.

ADDRESSES: Augusta Marriott Hotel & Suites, Two Tenth Street, Augusta,
Georgia 30901.

FOR FURTHER INFORMATION CONTACT: Jennifer Shafer, Event Planner,
Performance Results Corporation, 20201 Century Boulevard, Suite 285,
Germantown, Maryland 20874. Phone (301) 540-7100, Fax (301) 540-7550 or
e-mail: jshafer@prc8a.com.

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

ANNOUNCEMENT 5


Subject: ENERGY/Nuclear - NM. DOE. DOE/NSF Nuclear Science Advisory Committee
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]              
[Page 7225-7226]

DEPARTMENT OF ENERGY

DOE/NSF Nuclear Science Advisory Committee

AGENCY: Department of Energy, Office of Science.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the DOE/NSF Nuclear Science
Advisory Committee (NSAC). Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770) requires that public notice of these meetings be
announced in the Federal Register.

DATES: Monday, March 2, 2009, 9 a.m. to 5 p.m.

ADDRESSES: Marriott Bethesda North Hotel & Conference Center, 5701
Marinelli Road, Bethesda, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Brenda L. May, U.S. Department of
Energy, SC-26/Germantown Building, 1000 Independence Avenue, SW.,
Washington, DC 20585-1290, Telephone: 301-903-0536.
 
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ANNOUNCEMENT 6


Subject: ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Teleconference and Webcast
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]              
[Page 7256-7257]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-FHC-2009-N0029; 94300-1122-0000-Z2]

Wind Turbine Guidelines Advisory Committee; Announcement of
Public Teleconference and Webcast

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of public teleconference and webcast.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), will host a
Wind Turbine Guidelines Advisory Committee (Committee) meeting via
webcast and teleconference, on March 6, 2009. This meeting is open to
the public but will be limited to 75 public participants. The meeting
agenda will include a briefing and discussion of the Information,
Planning, and Consultation System (IPaC) to inform the Committee in its
development of recommendations to the Secretary of the Interior.

DATES: Meeting: The meeting will take place on March 6, 2009, from 1 to
3 p.m. Eastern Time.
    Pre-meeting Public Registration: If you are a member of the public
wishing to participate in the March meeting, you must register online
by February 27, 2009 (see ``Meeting Participation Information'' in
SUPPLEMENTARY INFORMATION).

FOR FURTHER INFORMATION CONTACT: Rachel London, Division of Habitat and
Resource Conservation, U.S. Fish and Wildlife Service, Department of
the Interior, (703) 358-2161.

 
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ANNOUNCEMENT 7


Subject: LAND, WILDLIFE - ND. USDA/Forest Service. Memorandum of Understanding Between the Forest Service, U.S. Department of Agriculture and the U.S. Fish and Wildlife Service To Promote the Conservation of Migratory Birds
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]              
[Page 7215-7216]

DEPARTMENT OF AGRICULTURE

Forest Service

Memorandum of Understanding Between the Forest Service, U.S.
Department of Agriculture and the U.S. Fish and Wildlife Service To
Promote the Conservation of Migratory Birds

AGENCY: Forest Service, USDA.

ACTION: Notice of availability.

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

SUMMARY: This notice is to inform the public of a Memorandum of
Understanding (MOU) between the Forest Service, U.S. Department of
Agriculture, and the U.S. Fish and Wildlife Service, signed December 8,
2008, to promote the conservation of migratory birds. Pursuant to
Executive Order (E.O.) 13186 (January 17, 2001), ``Responsibilities of
Federal Agencies to Protect Migratory Birds,'' this MOU outlines a
collaborative approach to promote the conservation of migratory bird
populations. It does not authorize the ``take'' of migratory birds.
Take, as defined in 50 CFR 10.12 regarding all wildlife and plants,
means to pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or
collect. This MOU identifies specific activities where cooperation
between the Parties will contribute substantially to the conservation
of migratory birds and their habitats.
    The complete text of the MOU is available at http://www.fs.fed.us/
biology/resources/pubs/mou_moa.html
.

DATES: This notice is effective February 13, 2009. The MOU went into
effect December 8, 2008, and shall remain in effect for a period of five
years.

FOR FURTHER INFORMATION CONTACT: Anne Zimmermann, USDA Forest Service,
Director of Watershed, Fish, and Wildlife, Mailstop 1121, 201 14th St.,
SW., Washington, DC 20024.
    Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.

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

ANNOUNCEMENT 8


Subject: WATER - FR/Delay Effective Date. USDA/Rural Utilities Service. Rural Development Guaranteed Loans
 
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Rules and Regulations]              
[Page 7179-7180]

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1779

Rural Housing Service

7 CFR Part 3575

Rural Business-Cooperative Service

Rural Utilities Service

7 CFR Parts 4279 and 4280

Rural Business-Cooperative Service

Rural Housing Service

Rural Utilities Service

7 CFR Part 5001

[FR Doc. E9-813]
RIN 0570-AA65

Rural Development Guaranteed Loans

AGENCIES: Rural Business-Cooperative Service, Rural Housing Service,
Rural Utilities Service, USDA.

ACTION: Delay of effective date; request for public comment on a
further delay of the effective date.

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SUMMARY: This document seeks public comment on a proposal to delay for
104 days the effective date of the interim rule, for Rural Development
Guaranteed Loans, which was published on December 17, 2008. The interim
rule establishes a unified guaranteed loan platform for the enhanced
delivery of four existing Rural Development guaranteed loan programs--
Community Facility; Water and Waste Disposal; Business and Industry;
and Rural Energy for America Program, formerly known as Renewable
Energy Systems and Energy Efficiency Improvement Projects. The
Department seeks comments on whether or not it should delay the
effective date of the interim rule until June 1, 2009, in order to
provide the Agency sufficient time to implement certain administrative
aspects associated with the interim rule. For that reason, the
Department is seeking comments on the merits of extending the effective
date of the interim rule to June 1, 2009. In order to allow sufficient
time for public comment on the Agency's proposal to further extend the
effective date until June 1, 2009, this document extends the current
effective date from February 17, 2009, to March 9, 2009, pursuant to
the ``good cause'' clause under the Administrative Procedures Act (5
U.S.C. 553(b)(3)(B)).

DATES: The effective date of the interim rule, which was published on
December 17, 2008 [73 FR 76698], delayed until February 17, 2009 [74 FR
2823], is further delayed until March 9, 2009.
    Comments on extending the effective date to June 1, 2009, must be
received on or before February 20, 2009.

ADDRESSES: Submit your comments by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Mail: Submit written comments via the U.S. Postal Service
to the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, Stop 0742, 1400 Independence Avenue, SW.,
Washington, DC 20250-0742.
    Hand Delivery/Courier: Submit written comments via Federal
Express Mail or other courier service requiring a street address to the
Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street, SW., 7th Floor, Washington,
DC 20024.
    All written comments will be available for public inspection during
regular work hours at the 300 7th Street, SW., 7th Floor address listed
above.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Foore, Rural Development,
Business and Cooperative Programs, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Stop 3201, Washington, DC 20250-3201; e-mail:
Michael.Foore@wdc.usda.gov; telephone (202) 690-4730.

 
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