Friday, May 22, 2009

Environmental Federal Register, Vol. 74, No. 98, May 22, 2009

 
Federal Register
Vol. 74, No. 98
Friday, May 22, 2009
 
 
There are 8 announcements in this issue
 
    1. WATER - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Cooling Water Intake Structures at Phase III Facilities (Renewal), EPA ICR No. 2169.04, OMB Control No. 2040-0268
 
    2. CLIMATE, ENERGY, AIR - ND. EPA & DOT. Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG Emissions and CAFE Standards
 
    3. TOXICS - NF. HUD. Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009 Lead-Based Paint Hazard Control Grant Program and Lead Hazard Reduction Demonstration Grant Program
 
    4. ALL - Presidential Memo. Regulatory Preemption. Memorandum for the Heads of Executive Departments and Agencies
   
    5. MI/TRANSPORT - ND. DOT/Federal Highway Administration. Notice of Final Federal Agency Actions on Proposed Highway in Michigan
 
    6. MI/AIR - FRD. EPA. Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
 
    7. MI/AIR - PR. EPA. Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
 
    8. MI/ENERGY/Nuclear - ND. NRC. Detroit Edison Company; Establishment of Atomic Safety and Licensing Board
        

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 - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Cooling Water Intake Structures at Phase III
Facilities (Renewal), EPA ICR No. 2169.04, OMB Control No. 2040-0268
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]              
[Page 24005-24006]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-8909-2]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Cooling Water Intake Structures at Phase III
Facilities (Renewal), EPA ICR No. 2169.04, OMB Control No. 2040-0268

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR describes the nature of the information
collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before June 22, 2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to ow-docket@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket, Mail Code
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 564-5627; e-mail address:
letnes.amelia@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: CLIMATE, ENERGY, AIR - ND. EPA & DOT. Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG Emissions and CAFE Standards
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]              
[Page 24007-24012]

ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TRANSPORTATION

[FRL-8909-3]
RIN 2060-ZA15

Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG
Emissions and CAFE Standards

AGENCIES: Environmental Protection Agency (EPA) and Department of
Transportation (DOT).

ACTION: Notice of Intent to conduct a joint rulemaking.

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SUMMARY: There is a critically important need for our country to
address global climate change and to reduce oil consumption. In this
context, EPA and DOT currently intend to work in coordination to
propose standards for control of emissions of greenhouse gases and for
fuel economy, respectively. If proposed and finalized, these standards
would apply to passenger cars, light-duty trucks, and medium-duty
passenger vehicles (light-duty vehicles) built in model years 2012
through 2016. Together, these vehicle categories, which include
passenger cars, sport utility vehicles, minivans, and pickup trucks,
are responsible for almost 60 percent of all U.S. transportation-
related greenhouse gas emissions. If ultimately adopted, these
standards would represent a harmonized and consistent national policy
pursuant to the separate statutory frameworks under which EPA and DOT
operate. The approach addressed in this Notice, if ultimately adopted,
is intended to allow manufacturers to build a single light-duty
national fleet that would satisfy all requirements under both programs
and would provide significant reductions in both greenhouse gas
emissions and oil consumption.

FOR FURTHER INFORMATION CONTACT: EPA: Christopher Lieske, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734-214-4584; fax number: 734-214-4816; e-mail
address: lieske.christopher@epa.gov, or Assessment and Standards
Division Hotline; telephone number (734) 214-
4636; e-mail address: asdinfo@epa.gov. DOT/NHTSA: Julie Abraham, Office
of Rulemaking, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-1455.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: TOXICS - NF. HUD. Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009 Lead-Based Paint Hazard Control Grant Program and Lead Hazard Reduction Demonstration Grant Program
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]              
[Page 24031]

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5300-N-06]

Notice of Availability: Notice of Funding Availability (NOFA) for
Fiscal Year (FY) 2009 Lead-Based Paint Hazard Control Grant Program and
Lead Hazard Reduction Demonstration Grant Program

AGENCY: Office of Healthy Homes and Lead Hazard Control, HUD.

ACTION: Notice.

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

SUMMARY: HUD announces the availability on its Web site of the
application information, submission deadlines, funding criteria, and
other requirements for the FY2009 Lead-Based Paint Hazard Control Grant
Program and Lead Hazard Reduction Demonstration Grant Program NOFA. The
NOFA makes approximately $117 million available under the Department of
Housing and Urban Development Appropriations Act 2009 (Pub. L. 111-8,
approved March 11, 2009). Applicants for assistance under this NOFA
must address applicable requirements in HUD's Fiscal Year 2009 Notice
of Funding Availability (NOFA) Policy Requirements and General Section
to the HUD's FY2009 NOFAs for Discretionary Programs (General Section)
published on December 29, 2008 (73 FR 79548), as amended on April 16,
2009 (74 FR 17685). Applicants should take particular note that they
should follow the application submission instructions contained in this
NOFA and not use those in the General Section. The notice providing
information regarding the application process, funding criteria and
eligibility requirements is available on the HUD Web site at
http://
www.hud.gov/lead
or http://www.hud.gov/offices/adm/grants/
fundsavail.cfm
.

FOR FURTHER INFORMATION CONTACT: For information concerning the Lead-
Based Paint Hazard Control Grant Program and Lead Hazard Reduction
Demonstration Grant Program, contact Warren Friedman, Senior Advisor to
the Director, Office of Healthy Homes and Lead Hazard Control,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 8236, Washington, DC 20410-3000; telephone number 202-402-7574
(this is not a toll-free number). Persons with speech or hearing
impairments may access this telephone number via TTY by calling the
toll-free Federal Information Relay Service during working hours at
800-877-8339.

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

ANNOUNCEMENT 4


Subject: ALL - Presidential Memo. Regulatory Preemption. Memorandum for the Heads of Executive Departments and Agencies
 
Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Presidential Documents]              
[Page 24693-24694]                       

                        Presidential Documents 

                Memorandum of May 20, 2009
 
                 Preemption

                Memorandum for the Heads of Executive Departments and
                Agencies

                From our Nation's founding, the American constitutional
                order has been a Federal system, ensuring a strong role
                for both the national Government and the States. The
                Federal Government's role in promoting the general
                welfare and guarding individual liberties is critical,
                but State law and national law often operate
                concurrently to provide independent safeguards for the
                public. Throughout our history, State and local
                governments have frequently protected health, safety,
                and the environment more aggressively than has the
                national Government.

                An understanding of the important role of State
                governments in our Federal system is reflected in
                longstanding practices by executive departments and
                agencies, which have shown respect for the traditional
                prerogatives of the States. In recent years, however,
                notwithstanding Executive Order 13132 of August 4, 1999
                (Federalism), executive departments and agencies have
                sometimes announced that their regulations preempt
                State law, including State common law, without explicit
                preemption by the Congress or an otherwise sufficient
                basis under applicable legal principles.

                The purpose of this memorandum is to state the general
                policy of my Administration that preemption of State
                law by executive departments and agencies should be
                undertaken only with full consideration of the
                legitimate prerogatives of the States and with a
                sufficient legal basis for preemption. Executive
                departments and agencies should be mindful that in our
                Federal system, the citizens of the several States have
                distinctive circumstances and values, and that in many
                instances it is appropriate for them to apply to
                themselves rules and principles that reflect these
                circumstances and values. As Justice Brandeis explained
                more than 70 years ago, ``[i]t is one of the happy
                incidents of the federal system that a single
                courageous state may, if its citizens choose, serve as
                a laboratory; and try novel social and economic
                experiments without risk to the rest of the country.'' . . .

ANNOUNCEMENT 5


Subject: MI/TRANSPORT - ND. DOT/Federal Highway Administration. Notice of Final Federal Agency Actions on Proposed Highway in Michigan
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]              
[Page 24072]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in
Michigan

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Decision by FHWA and Notice of Limitation of Claims
for Judicial Review of Actions by FHWA and Other Federal Agencies.

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

SUMMARY: This notice announces the availability of a Record of Decision
by FHWA pursuant to the requirements of the National Environmental
Protection Policy Act of 1969 (NEPA), 42 U.S.C. 4321, as amended and
the Council on Environmental Quality Regulations (40 CFR Parts 1500-
1508). In addition, this Notice announces actions taken by FHWA and
other Federal agencies that are final with in the meaning of 23 U.S.C.
139(1)(1). These actions relate to a proposed expansion of the Blue
Water Bridge Port of Entry in Port Huron, Michigan. These actions grant
approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency
actions subject to 23 U.S.C. 771 and 23 U.S.C. 139(1)(1). A claim
seeking judicial review of the Federal Agency actions on the highway
project will be barred unless the claim is filed on or before November
18, 2009 (180 days from the publication date of this notice in the
Federal Register). If the Federal law that authorizes that judicial
review of a claim provides a time period of less than 180 days for
filing such claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. David Williams, Environmental
Program Manager, Federal Highway Administration Michigan Division, 315
West Allegan Street, Room 201, Lansing, MI 48933; phone: (517) 702-
1820, Fax: (517) 377-1804; and e-mail: David.Williams@FHWA.DOT.gov. Mr.
Ryan Rizzo, Major Project Manager, Federal Highway Administration
Michigan Division, 315 West Allegan Street, Room 201, Lansing, MI
48933; phone: (517) 702-1833, Fax: (517) 377-1844; E-mail:
Ryan.Rizzo@fhwa.dot.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: MI/AIR - FRD. EPA. Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Rules and Regulations]              
[Page 23952-23955]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1134; FRL-8908-1]

Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a request submitted by the Michigan
Department of Environmental Quality (MDEQ) on October 26, 2007, to
revise the Michigan State Implementation Plan (SIP). The State has
submitted revisions to two rules in Part 6, ``Emission Limitations and
Prohibitions-Existing Sources of Volatile Organic Compound (VOC)
Emissions.'' First, the State has revised R 336.1660 by adopting by
reference, with some modifications, the Ozone Transport Commission's
September 13, 2006, Model Rule (Model Rule). Second, the State has
amended R 336.1661 by adopting by reference the Federal definition of
``volatile organic compound.''

DATES: This direct final rule will be effective July 21, 2009, unless
EPA receives adverse comments by June 22, 2009. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1134, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
   

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0258, chang.andy@epa.gov.

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

ANNOUNCEMENT 7


Subject: MI/AIR - PR. EPA. Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Proposed Rules]              
[Page 23965]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1134; FRL-8908-2]

Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a request submitted by the
Michigan Department of Environmental Quality (MDEQ) on October 26,
2007, to revise the Michigan State Implementation Plan (SIP). The State
has requested revisions to two rules in Part 6, ``Emission Limitations
and Prohibitions--Existing Sources of Volatile Organic Compound (VOC)
Emissions.'' The State has revised R 336.1660 by adopting by reference,
with some modifications, the amended Ozone Transport Commission Model
Rule published on September 13, 2006. The State has amended the
definition of VOC in R 336.1661 by adopting the Federal definition from
40 CFR 51.100.

DATES: Comments must be received on or before June 22, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1134, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.

Please see the direct final rule which is located in the Final Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0258, chang.andy@epa.gov.

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

ANNOUNCEMENT 8


Subject: MI/ENERGY/Nuclear - ND. NRC. Detroit Edison Company; Establishment of Atomic Safety and Licensing Board
 
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]              
[Page 24048-24049]

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-7-EA; ASLBP No. 09-888-03-EA-BD01]

Detroit Edison Company; Establishment of Atomic Safety and
Licensing Board

    Pursuant to delegation by the Commission dated December 29, 1972
(37 FR 28710), and the Commission's regulations, see 10 CFR 2.106,
2.300, 2.313(a), and 2.318, notice is hereby given that an Atomic
Safety and Licensing Board (Board) is being established to preside over
the following proceeding:

Detroit Edison Company Fermi Power Plant

(Independent Spent Fuel Storage Installation)

    This proceeding concerns a Petition to Intervene dated May 7, 2009
from Beyond Nuclear, et al., that was submitted in response to an April
17, 2009 notice issued by the NRC Staff that provided the Issuance of
Order for Implementation of Additional Security Measures and
Fingerprinting for Unescorted Access to Detroit Edison Company (74 FR
17890).
    The Board is comprised of the following administrative judges:

Ronald M. Spritzer, Chair, Atomic Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Michael F. Kennedy, Atomic Safety and Licensing Board Panel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
Randall J. Charbeneau, Atomic Safety and Licensing Board Panel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.

    All correspondence, documents, and other materials shall be filed
in accordance with the NRC E-Filing Rule, which the NRC promulgated in
August 2007 (72 FR 49139).
 
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