Friday, June 12, 2009

Environmental Federal Register, Vol. 74, No. 112, June 12, 2009

 
Federal Register
Vol. 74, No. 112
Friday, June 12, 2009
 
There are 6 announcements in this issue
 
    1. AIR - FR. EPA. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
    2. ENERGY/Efficiency - PR/NM/Comment Extension. Weatherization Assistance Program for Low-Income Persons
 
    3. ALL - ND. USDA/NRCS. Conservation Practice Technical Assistance
 
    4. ENERGY/Nuclear, HAZ/Nuclear - FR. NRC. Consideration of Aircraft Impacts for New Nuclear Power Reactors
 
    5. ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Contract Proposal (NOCP) for Payments to Eligible Advanced Biofuel Producers
 
    6. ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Funding Availability (NOFA) for Repowering Assistance Payments to Eligible Biorefineries
   
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. Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Rules and Regulations]              
[Page 27940-27944]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0774; FRL-8917-6]
RIN 2060-AP35

Rulemaking To Reaffirm the Promulgation of Revisions of the Acid
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA is reaffirming the promulgation of certain
revisions of the Acid Rain Program rules. These revisions have been in
effect since mid-2006. Most of them are crucial to the ongoing
operation of the Acid Rain Program, and the rest of them streamline and
clarify requirements of the program, which has achieved significant,
cost-effective reductions in sulfur dioxide (SO2) emissions
from utility sources since its commencement in 1995. These rule
revisions were finalized in the Federal Register notices that also
finalized the Clean Air
Interstate Rule (CAIR) and the final Federal Implementation Plans for
CAIR (CAIR FIPs). On July 11, 2008, the U.S. Court of Appeals for the
District of Columbia Circuit issued a decision vacating and remanding
CAIR and the CAIR FIPs. On December 23, 2008, in response to petitions
for rehearing, the Court modified its July 11, 2008 decision and
remanded CAIR and the CAIR FIPs but without a vacatur. These revisions
to the Acid Rain Program rules were not addressed by, or involved in
any of the issues raised by, any parties in the proceeding or the
Court. EPA believes it is reasonable to view these revisions as
unaffected by the Court's decision. However, EPA is treating the
Court's remand as covering these revisions and, in response to the
remand, is finalizing the rule reaffirming--pursuant to its authority
under Title IV of the Clean Air Act (CAA) and CAA section 301--the
promulgation of these revisions on their merits and in order to remove
any uncertainty about their regulatory status. With this action, the
existing Acid Rain regulations continue in effect, and the Acid Rain
Program continues to operate, unchanged and uninterrupted.

DATES: The effective date of this action is August 11, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-HQ-OAR-2008-0774 (which includes by reference the dockets for CAIR
and the CAIR FIPs, i.e., Docket ID Nos. EPA-HQ-OAR-2003-0053 and EPA-
HQ-OAR-2004-0076). All documents in the docket are listed in the
Federal Docket Management System index at http://www.regulations.gov.
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
http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. 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 Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Clean Air Markets
Division, U.S. Environmental Protection Agency, Clean Air Markets
Division, Mailcode: 6204J, Ariel Rios Building, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, telephone (202) 343-9151, e-mail at
alpern.dwight@epa.gov. Electronic copies of this document can be
accessed through the EPA Web site at: http://epa.gov/airmarkets.
 
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ANNOUNCEMENT 2


Subject: ENERGY/Efficiency - PR/NM/Comment Extension. Weatherization Assistance Program for Low-Income Persons
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Proposed Rules]              
[Page 27945-27946]

DEPARTMENT OF ENERGY

10 CFR Part 440

[Docket No. EEWAP0515]
RIN 1904-AB97

Weatherization Assistance Program for Low-Income Persons

AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy.

ACTION: Proposed rule; extension of comment period, notice of public
meeting.

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SUMMARY: The U.S. Department of Energy (DOE) will be holding a public
meeting on the Notice of Proposed Rulemaking (NOPR) for the
Weatherization Assistance Program (WAP) published on May 21, 2009. In
the NOPR, DOE proposed to amend the eligibility requirements applicable
to multi-unit buildings under the Weatherization Assistance Program for
Low-Income Persons. Under the proposed rule, if a multi-unit building
is under the Qualified Assistance Housing Program or Public Housing
Program, identified by the U.S. Department of Housing and Urban
Development (HUD), and included on a list published by DOE, that
building would meet certain income and benefit eligibility requirements
under the Weatherization Assistance Program without the need for
further evaluation or verification. Also under the proposed rule, if a
multi-unit building includes units that participate in the Low Income
Housing Tax Credit Program, is identified by HUD, and included on a
list published by DOE, that building would meet the income eligibility
requirements of the Weatherization Assistance Program without the need
for further evaluation or verification. The proposed rule is intended
reduce the procedural burdens on evaluating applications from buildings
that are part of HUD public and assisted housing and U.S. Department of
Treasury tax credit programs.

DATES: The comment period for the NOPR published at 74 FR 23804, May
21, 2009, is extended to July 6, 2009. DOE will hold a public meeting,
on Thursday, June 18, 2009, from 11 a.m. to 5 p.m. EDT to discuss the
WAP proposed rule. This meeting is open to the public and will also be
available as a webinar/conference call.

ADDRESSES: The public meeting and webinar will be held at the U.S.
Department of Energy, Forrestal Building, Room 8E-069, 1000
Independence Avenue, SW., Washington, DC 20585-0121.

FOR FURTHER INFORMATION CONTACT: Gil Sperling, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy,
Weatherization Assistance Program, EE-2K, 1000 Independence Avenue,
SW., Washington, DC 20585-0121, (202) 287-1644, e-mail:
Gil.Sperling@ee.doe.gov, or Chris Calamita, U.S. Department of Energy,
Office of the General Counsel, Forrestal Building, GC-72, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, e-mail:
Christopher.Calamita@hq.doe.gov.
 
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ANNOUNCEMENT 3


Subject: ALL - ND. USDA/NRCS. Conservation Practice Technical Assistance
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]              
[Page 27995-27998]

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

RIN 0578-AA48

Conservation Practice Technical Assistance

AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.

ACTION: Notice; request for comment.

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SUMMARY: Section 1242(h) of the Food Security Act of 1985, as amended
by the Food, Conservation, and Energy Act of 2008 (2008 Act), requires
that the Natural Resources Conservation Service (NRCS): (1) Review
conservation practice standards, including engineering design
specifications, in effect on June 18, 2008; (2) ensure the completeness
and relevance of the standards to local agricultural, forestry, and
natural resource needs including specialty crops, native and managed
pollinators, bioenergy crop production, forestry, and other such needs
as determined by the Secretary; and (3) ensure, to the maximum extent
practicable, that the standards provide for the optimal balance between
meeting site-specific conservation needs and minimizing risks of design
failure and associated costs of construction and installation. NRCS
conducted an internal review of the conservation practice standards and
met with various stakeholder groups, as required by section 1242(h)(2),
to obtain their input about how to improve the completeness and
relevance of the standards. NRCS is hereby notifying the public of the
results of the preliminary review and requests comments from the public
about how to improve the conservation practice standards to meet the
goals and objectives of Section 1242(h) of the Food Security Act of
1985, as amended.

DATES: Comment Date: Submit comments on or before August 11, 2009.

ADDRESSES: You may send comments 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: Norman Widman, National Agronomist, Department of
Agriculture, Natural Resources Conservation Service, Conservation
Practice Standard Comments, Post Office Box 2890, Washington, DC 20013.
    Fax: (202) 720-5334.
    E-mail: nrcscpta2008@wdc.usda.gov.
    Hand Delivery: USDA South Building, 1400 Independence
Avenue, SW., Room 5234, 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 Building to call (202) 720-4630 in
order to be escorted into the building.
    This notice 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 Notices. 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: Norman Widman, National Agronomist,
Department of Agriculture, Natural Resources Conservation Service, P.O.
Box 2890, Washington, DC 20013-2890; or e-mail:
norm.widman@wdc.usda.gov.
 
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ANNOUNCEMENT 4


Subject: ENERGY/Nuclear, HAZ/Nuclear - FR. NRC. Consideration of Aircraft Impacts for New Nuclear Power Reactors
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Rules and Regulations]              
[Page 28111-28147]

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

RIN 3150-AI19
[NRC-2007-0009]

Consideration of Aircraft Impacts for New Nuclear Power Reactors

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending its regulations to require applicants for new nuclear power
reactors to perform a design-specific assessment of the effects of the
impact of a large, commercial aircraft. The applicant is required to
use realistic analyses to identify and incorporate design features and
functional capabilities to show, with reduced use of operator actions,
that either the reactor core remains cooled or the containment remains
intact, and either spent fuel cooling or spent fuel pool integrity is
maintained. These requirements apply to applicants for new construction
permits; new operating licenses that reference a new construction
permit; new standard design certifications; renewal of any of the four
existing design certifications if the design has not previously been
amended to comply with the rule; new standard design approvals;
manufacturing licenses that don't reference a standard design
certification or standard design approval, or that reference a standard
design certification issued before the effective date of the rule which
has not been amended to comply with the rule; and combined licenses
that don't reference a standard design certification, standard design
approval, or manufactured reactor, or that reference a standard design
certification issued before the effective date of the rule which has
not been amended to comply with the rule. In addition, these amendments
contain requirements for control of changes to any design features or
functional capabilities credited to show that the facility can
withstand the effects of an aircraft impact.

ADDRESSES: You can access publicly available documents related to this
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2007-0009]. Address
questions about NRC dockets to Ms. Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
    NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's electronic Reading Room at http:/
/www.nrc.gov/reading-rm/adams.html
. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.

DATES: The effective date is July 13, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Stewart Schneider, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone 301-415-4123; e-mail:
Stewart.Schneider@nrc.gov or Ms. Nanette Gilles, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone 301-415-1180; e-mail: Nanette.Gilles@nrc.gov.

 
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ANNOUNCEMENT 5


Subject: ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Contract Proposal (NOCP) for Payments to Eligible Advanced Biofuel Producers
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]              
[Page 27998-28007]

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Notice of Contract Proposal (NOCP) for Payments to Eligible
Advanced Biofuel Producers

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This Notice announces the intention of the U.S. Department of
Agriculture to enter into Contracts to make payments to Eligible
Advanced Biofuel Producers to support and ensure an expanding
production of Advanced Biofuels. This program is authorized under Title
IX, Section 9001, of the Food, Conservation, and Energy Act of 2008
(Pub. L. 110-234). In addition, this program is intended to support
Federal policy calling for greater production and use of Advanced
Biofuels. The Agency will authorize up to $30 million in funding for
this program for fiscal year (FY) 2009.

DATES: Applications for participating in this program for Fiscal Year
2009 must be received between June 12, 2009 and August 11, 2009.
    The comment period for information collection under the Paperwork
Reduction Act of 1995 continues through August 11, 2009. Comments on
the paper work burden must be received by this date to be assured of
consideration.

ADDRESSES: Application materials may be obtained by contacting the
USDA, Rural Development State Office, Renewable Energy Coordinator.
Submit applications to the Rural Development State Office in the State
in which the applicant's principal office is located.

USDA Rural Development State Renewable Energy Coordinators . . .
 
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ANNOUNCEMENT 6


Subject: ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Funding Availability (NOFA) for Repowering Assistance Payments to Eligible Biorefineries
 
[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]              
[Page 28009-28016]

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Notice of Funding Availability (NOFA) for Repowering Assistance
Payments to Eligible Biorefineries

AGENCY: Rural Development-Energy Division, Program Branch, USDA.

ACTION: Notice.

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SUMMARY: This Notice announces the intention of the USDA (``the
Agency'') to make payments to eligible biorefineries to encourage the
use of renewable biomass as a replacement fuel source for fossil fuels
used to provide process heat or power in the operation of these
eligible biorefineries. This program is authorized under Title IX,
Section 9001, of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246).

DATES: Applications for participating in this program must be received
between July 1, 2009 and November 1, 2009.
    The comment period for information collection under the Paperwork
Reduction Act of 1995 continues through August 11, 2009. Comments on
the paperwork burden must be received by this date to be assured of
consideration.

ADDRESSES: Application materials may be obtained by contacting USDA,
Rural Development-Energy Division, Program Branch, Attention:
Repowering Assistance Program, 1400 Independence Avenue, SW., Stop
3225, Washington, DC 20250-3225.

FOR FURTHER INFORMATION CONTACT: For further information on this
payment program, please contact USDA, Rural Development-Energy
Division, Program Branch, Attention: Repowering Assistance Program,
1400 Independence Avenue, SW., Stop 3225, Washington, DC 20250-3225.
Telephone: 202-720-1400.

 
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