Wednesday, July 22, 2009

Environmental Federal Register, Vol. 74, No. 139, July 22, 2009

Federal Register
Vol. 74, No. 139
Wednesday, July 22, 2009

 
Note: Several Pesticides announcements omitted from this report (click here).
 
There are 7 announcements in this issue
 
    1. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Emissions Certification and
Compliance Requirements for Locomotives and Locomotive Engines (Renewal); EPA ICR No. 1800.06, OMB Control No. 2060-0392
 
    2. ALL - ICRs. EPA. Agency Information Collection Activities OMB Responses To Multiple Agency Requests
 
    3. AIR, CLIMATE - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping Requirements of the HCFC Allowance System (Renewal); EPA ICR No. 2014.04, OMB Control No. 2060-0498
 
    4. TOXICS - ND. EPA. 1,2-Ethylene Dichloride; Completion of EPA Program Review
 
    5. ALL - ND. EPA. Flexible Approaches to Environmental Measurement--The Evolution of the Performance Approach
 
    6. TOXICS, WILDLIFE - ND. EPA. Proposed Stipulated Injunction Involving Pesticides and Eleven Species Listed as Threatened or Endangered Under the Endangered Species Act; Notice of Availability; Reopening of Comment Period
 
    7. ENERGY/Efficiency - FR. DOE. Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment
  
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 - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Emissions Certification and
Compliance Requirements for Locomotives and Locomotive Engines (Renewal); EPA ICR No. 1800.06, OMB Control No. 2060-0392
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36192-36193]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1184; FRL-8933-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Emissions Certification and
Compliance Requirements for Locomotives and Locomotive Engines
(Renewal); EPA ICR No. 1800.06, OMB Control No. 2060-0392

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 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. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before August 21,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1184, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to a-and-r-Docket@epa.gov, or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket and Information Center, Mail Code 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: 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: Nydia Yanira Reyes-Morales,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail
Code 6403J, Washington, DC 20460; telephone number: 202-343-9264; fax
number: 202-343-2804; e-mail address: reyes-morales.nydia@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: ALL - ICRs. EPA. Agency Information Collection Activities OMB Responses To Multiple Agency Requests
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36195-36196]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8933-8]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces the Office of Management and Budget's
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Rick Westlund, (202) 566-1682, or e-
mail at westlund.rick@epa.gov and please refer to the appropriate EPA
Information Collection Request (ICR) Number.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: AIR, CLIMATE - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping Requirements of the HCFC Allowance System (Renewal); EPA ICR No. 2014.04, OMB Control No. 2060-0498
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36194-36195]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0039; FRL-8933-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements of the HCFC Allowance System (Renewal); EPA ICR No.
2014.04, OMB Control No. 2060-0498

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 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. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before August 21,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0039, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to a-and-r-Docket@epa.gov, or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket and Information Center, Mail Code 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: 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: Robert Burchard, Office of Atmospheric
Programs, Office of Air and Radiation, Mail Code 6205J, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: 202-343-9126; fax number: 202-343-2338; e-mail
address: burchard.robert@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - ND. EPA. 1,2-Ethylene Dichloride; Completion of EPA Program Review
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36196-36198]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0010; FRL-8426-6]

1,2-Ethylene Dichloride; Completion of EPA Program Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA issued a testing consent order that incorporated an
enforceable consent agreement (ECA) for 1,2-Ethylene Dichloride (EDC)
in June 2003, using authorities under section 4 of the Toxic Substances
Control Act (TSCA). The companies subject to the ECA agreed to conduct
toxicity testing in a tiered testing program that included development
of pharmacokinetics and mechanistic data and a computational dosimetry
model for route-to-route extrapolations. The testing program was
designed to satisfy the toxicological data needs for EDC identified in
a TSCA section 4 proposed test rule for a number of hazardous air
pollutant chemicals. The modeling is intended to allow toxicological
studies conducted using oral exposures to be interpreted so that they
could also be used to predict the effects of inhalation exposures. This
notice announces the completion of the program review component of the
ECA for EDC. This notice also states EPA's findings and conclusion
regarding the adequacy of the derived models to perform satisfactory
route-to-route extrapolations, responds to comments on the Tier I
Program Review Testing, and establishes revised deadlines for
completion of Tier II testing and computational route-to-route
dosimetry modeling for extrapolations listed under Tier II of the ECA
for EDC.

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: John Schaeffer, Chemical Control
Division (7405M), Office Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 564-8173; e-mail address:
schaeffer.john@epa.gov.

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

ANNOUNCEMENT 5


Subject: ALL - ND. EPA. Flexible Approaches to Environmental Measurement--The Evolution of the Performance Approach
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36198-36200]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD; FRL-8930-3]

Flexible Approaches to Environmental Measurement--The Evolution
of the Performance Approach

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Assuring the quality of environmental measurements is
essential to the implementation of the Environmental Protection
Agency's (EPA's or the Agency's) environmental programs, both
regulatory and voluntary. In an October 6, 1997, Notice of Intent (FRL-
5903-2), the Agency outlined a ``Performance Based Measurement System
(PBMS)'' concept which was expected to ``* * * have the overall effect of improving data quality and encouraging advancement of analytical technologies.'' EPA
has recently revisited the 1997 concept, gauged the Agency's progress
towards achieving its goals, and redefined steps needed to ensure
continued progress.
    The Agency has determined that while specifying performance
criteria in a manner that is independent of methods, techniques, or
instruments may be possible, developing a single protocol for the
validation of these measurements that could be applied to all
measurements, including measurements made with techniques yet to be
invented, may not be possible. Accordingly, EPA is introducing
principles that reflect flexible approaches to environmental
measurement. These principles capture the Agency's experience of the
past ten years, set the stage for future progress in improving data
quality, and encourage the advancement of environmental measurement
technologies.
    Key goals for this flexible approach are as follows: Increased
emphasis on flexibility when choosing sampling and analytical
approaches to meet regulatory requirements for measurements;
development of processes for validation to confirm measurements meet
quality requirements; increased collaboration with stakeholders to
develop validation processes for new measurement technology; and timely
assessment of new or modified technologies, methods, and procedures.
    The purpose of this notice is to provide the public with an up-to-
date communication on the Agency's progress to Flexible Measurement--
The Evolution of the Performance Approach.

FOR FURTHER INFORMATION CONTACT: For specific information regarding
this notice, contact Lara Autry, Environmental Protection Agency,
Office of the Science Advisor, E243-05, 109 TW Alexander Drive,
Research Triangle Park, NC 27709; telephone number: 919-541-5544; fax
number: 919-541-4261; e-mail address: autry.lara@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS, WILDLIFE - ND. EPA. Proposed Stipulated Injunction Involving Pesticides and Eleven Species Listed as Threatened or Endangered Under the Endangered Species Act; Notice of Availability; Reopening of Comment Period
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]              
[Page 36200]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0481; FRL-8429-8]

Proposed Stipulated Injunction Involving Pesticides and Eleven
Species Listed as Threatened or Endangered Under the Endangered Species
Act; Notice of Availability; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of July 1, 2009,
announcing the availability of a proposed Stipulated Injunction that
would establish a series of deadlines for the Agency to make ``effects
determinations'' and initiate consultation, as appropriate, with the
U.S. Fish and Wildlife Service for certain pesticides in regard to one
or more of 11 species found in the greater San Francisco Bay area that
are listed as endangered or threatened under the Endangered Species
Act. The proposed Stipulated Injunction, if entered by the Court, would
resolve a lawsuit brought against EPA by the Center for Biological
Diversity in the United States District Court for the Northern District
of California. The July 1, 2009 notice provided a 15-day comment period
which closed on July 16, 2009. This document reopens the comment period
for 30 days.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2009-0481, must be received on or before August 17, 2009.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of July 1, 2009.

FOR FURTHER INFORMATION CONTACT: Arty Williams, Environmental Fate and
Effects Division (7507P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-7695; e-mail address:
williams.arty@epa.gov.

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

ANNOUNCEMENT 7


Subject: ENERGY/Efficiency - FR. DOE. Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and Water-Heating Equipment
 
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Rules and Regulations]              
[Page 36311-36356]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-STD-0013]
RIN 1904-AB83

Energy Conservation Program for Certain Industrial Equipment:
Energy Conservation Standards and Test Procedures for Commercial
Heating, Air-Conditioning, and Water-Heating Equipment

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

ACTION: Final rule.

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

SUMMARY: The U.S. Department of Energy (DOE) is adopting amended energy
conservation standards for commercial packaged boilers and adopting a
new energy conservation standard for water-cooled and evaporatively-
cooled commercial package air conditioners and heat pumps with a
cooling capacity at or above 240,000 Btu/h and less than 760,000 Btu/h
at the efficiency levels specified in the American Society of Heating,
Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)/
Illuminating Engineering Society of North America (IESNA) Standard
90.1-2007. DOE has determined that the ASHRAE Standard 90.1-2007
efficiency levels for commercial packaged boilers are more stringent
than the existing Federal energy conservation standards and will result
in economic and energy savings compared to existing energy conservation
standards. Furthermore, DOE has concluded that clear and convincing
evidence does not exist, as would justify more-stringent standard
levels than the efficiency levels in ASHRAE Standard 90.1-2007. In
addition, DOE is adopting related amendments to its test procedures for
commercial packaged boilers.

DATES: This rule is effective September 21, 2009. The standards for
commercial packaged boilers established in this final rule will apply
starting on March 2, 2012. The standards for water-cooled and
evaporatively-cooled commercial package air conditioners and heat pumps
with a cooling capacity at or above 240,000 Btu/h and less than 760,000
Btu/h established in this final rule will apply starting on January 10,
2011. The incorporation by reference of certain publications listed in
this final rule was approved by the Director of the Federal Register on
September 21, 2009.

ADDRESSES: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., 6th
Floor, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Please call Ms. Brenda
Edwards at the above telephone number for additional information
regarding visiting the Resource Room. You may also obtain copies of the
final rule in this proceeding, related documents (e.g., the notice of
proposed rulemaking and technical support document DOE used to reassess
whether to adopt certain efficiency levels in ASHRAE Standard 90.1),
draft analyses, public meeting materials, and related test procedure
documents from the Office of Energy Efficiency and Renewable Energy's
Web site at: http://www1.eere.energy.gov/buildings/appliance_
standards/commercial/ashrae_products_docs_meeting.html
.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone: (202) 586-7892. E-mail:
Mohammed.Khan@ee.doe.gov.
    Mr. Michael Kido or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mailstop GC-72, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-8145 or (202) 586-5827. E-mail: Michael.Kido@hq.doe.gov or
Eric.Stas@hq.doe.gov.

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