Tuesday, October 27, 2009

Environmental Federal Register, Vol. 74, No. 206, October 27, 2009

Federal Register
Vol. 74, No. 206
Tuesday, October 27, 2009
 
 
There are 6 announcements in this issue
 
    1. HAZ - PR/ND. EPA. Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusion From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; NODA invites comments on a revised risk analysis
 
    2. CLIMATE, AIR - PR. EPA. Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
 
    3. MI/ENERGY - ND. DOE/Office of Science. Notice of Intent to Prepare an Environmental Assessment, to open a public scoping period, and to conduct a public scoping meeting for the funding of the construction and operation of the Facility for Rare Isotope Beams at Michigan State University, East Lansing, Michigan
 
    4. ENERGY - FR. USDA/Office of Energy Policy and New Uses. Designation of Biobased Items for Federal Procurement
 
    5. WILDLIFE, LAND - NM. DOI. Invasive Species Advisory Committee.
 
    6. HAZ/Nuclear, ENERGY/Nuclear - ND/Comment Extension. NRC. Draft Regulatory Guide, DG-1199, ``Alternative Radiological Source Terms for Evaluating Design Basis Accidents at Nuclear Power Reactors:'' Issuance, Availability; Extension of Comment Period
   
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: HAZ - PR/ND. EPA. Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusion From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; NODA invites comments on a
revised risk analysis
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Proposed Rules]              
[Page 55163-55168]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-HQ-RCRA-2003-0004; FRL-8973-2]
RIN 2050-AE51

Hazardous Waste Management System: Identification and Listing of
Hazardous Waste: Conditional Exclusion From Hazardous Waste and Solid
Waste for Solvent-Contaminated Industrial Wipes

AGENCY: Environmental Protection Agency.

ACTION: Data availability, management approaches, and request for
comment.

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SUMMARY: This notice of data availability (NODA) invites comments on a
revised risk analysis supporting the Environmental Protection Agency's
(EPA) proposed revisions to the Resource Conservation Recovery Act
(RCRA) hazardous waste regulations governing the management of solvent-
contaminated wipes. The revised analysis addresses public comments
received on the risk screening analysis conducted on EPA's 2003 Federal
Register proposal to exclude solvent-contaminated wipes from the RCRA
definitions of solid and hazardous waste. To address these comments,
EPA updated the data, models, and approach used in the risk analysis
and then had the product peer reviewed by outside experts. The revised
risk analysis, as well as the peer review comments and our response to
those comments are available in the docket for this NODA. The NODA also
invites comment on specific issues in light of the results of the
revised risk analysis.

DATES: Comments must be received within December 28, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2003-0004 by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: rcra-docket@epa.gov, Attention Docket No. EPA-HQ-
RCRA-2003-0004.
    Fax: 202-566-9744, Attention Docket No. EPA-HQ-RCRA-2003-
0004.
    Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Resource Conservation and Recovery Act (RCRA) Docket, 2822T,
1200 Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket
No. EPA-HQ-RCRA-2003-0004. Please include 2 copies.
    Hand Delivery: Public Reading Room, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC, Attention Docket No. EPA-
HQ-RCRA-2003-0004. Such deliveries are only accepted during the
docket's normal hours, and special arrangements should be made for
deliveries of boxed information.
  
FOR FURTHER INFORMATION CONTACT: Teena Wooten, Office of Resource
Conservation and Recovery (ORCR), (703) 308-8751, wooten.teena@epa.gov.
Direct mail inquiries to the U.S. Environmental Protection Agency,
Office of Resource Conservation and Recovery, (Mailstop 5304P), 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
 
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ANNOUNCEMENT 2


Subject: CLIMATE, AIR - PR. EPA. Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Proposed Rules]              
[Page 55291-55365]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 70, and 71

[EPA-HQ-OAR-2009-0517; FRL-8966-7]
RIN 2060-AP86

Prevention of Significant Deterioration and Title V Greenhouse
Gas Tailoring Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to tailor the major source applicability
thresholds for greenhouse gas (GHG) emissions under the Prevention of
Significant Deterioration (PSD) and title V programs of the Clean Air
Act (CAA or Act) and to set a PSD significance level for GHG emissions.
This proposal is necessary because EPA expects soon to promulgate
regulations under the CAA to control GHG emissions and, as a result,
trigger PSD and title V applicability requirements for GHG emissions.
If PSD and title V requirements apply at the applicability levels
provided under the CAA, State permitting authorities would be paralyzed
by permit applications in numbers that are orders of magnitude greater
than their current administrative resources could accommodate. On the
basis of the legal doctrines of ``absurd results'' and ``administrative
necessity,'' this proposed rule would phase in the applicability
thresholds for both the PSD and title V programs for sources of GHG
emissions. The first phase, which would last 6 years, would establish a
temporary level for the PSD and title V applicability thresholds at
25,000 tons per year (tpy), on a ``carbon dioxide equivalent''
(CO2e) basis, and a temporary PSD significance level for GHG
emissions of between 10,000 and 25,000 tpy CO2e. EPA would
also take other streamlining actions during this time. Within 5 years
of the final version of this rule, EPA would conduct a study to assess
the administrability issues. Then, EPA would conduct another
rulemaking, to be completed by the end of the sixth year, that would
promulgate, as the second phase, revised applicability and significance
level thresholds and other streamlining techniques, as appropriate.

DATES: Comments. Comments must be received on or before December 28,
2009. Under the Paperwork Reduction Act, comments on the information
collection provisions are best assured of having full effect if the
Office of Management and Budget (OMB) receives a copy of your comments
on or before November 27, 2009.
    Public Hearing: If anyone contacts us requesting to speak at a
public hearing on or before November 16, 2009, we will hold a public
hearing approximately 30 days after date of publication in the Federal
Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0517 by one of the following methods:
    http://www.regulations.gov. Follow the online instructions
for submitting comments. Attention Docket ID No. EPA-HQ-OAR-2009-0517.
    E-mail: a-and-r-docket@epa.gov. Attention Docket ID No.
EPA-HQ-OAR-2009-0517.
    Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2009-0517.
    Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2009-0517, U.S. Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of 2 copies. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.
    Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2009-0517.
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: Mr. Joseph Mangino, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-9778; fax number: (919) 541-5509; e-mail
address: mangino.joseph@epa.gov.
    To request a public hearing, please contact Pam Long, Air Quality
Planning Division, Office of Air Quality Planning and Standards (C504-
03), Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-0641; fax number: (919) 541-5509 no later
than November 16, 2009 to request a hearing.
 
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ANNOUNCEMENT 3


Subject: MI/ENERGY - ND. DOE/Office of Science. Notice of Intent to Prepare an Environmental Assessment, to open a public scoping period, and to conduct a public scoping meeting for the funding of the construction and operation of the Facility for
Rare Isotope Beams at Michigan State University, East Lansing, Michigan
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]              
[Page 55221-55223]

DEPARTMENT OF ENERGY

Notice of Intent To Prepare an Environmental Assessment, To Open
a Public Scoping Period, and To Conduct a Public Scoping Meeting

AGENCY: Office of Science, Department of Energy.

ACTION: Notice of Intent to Prepare an Environmental Assessment, to
open a public scoping period, and to conduct a public scoping meeting
for the funding of the construction and operation of the Facility for
Rare Isotope Beams at Michigan State University, East Lansing,
Michigan.

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

SUMMARY: The Department of Energy (DOE) announces its intent to prepare
an Environmental Assessment (EA) pursuant to the National Environmental
Policy Act (NEPA) and to hold a public scoping meeting on the proposed
Federal action to fund the construction and operation of the Facility
for Rare Isotope Beams (FRIB) on the campus of Michigan State
University (MSU) in East Lansing, Michigan. FRIB's design is composed
of buildings and/or building additions for a heavy ion/proton
accelerator, ancillary laboratories, and support facilities.
Construction/operation would occur adjacent to the existing National
Superconducting Cyclotron Laboratory (NSCL), which would ultimately be
subsumed into FRIB. The EA will identify and assess potential
environmental impacts from the Proposed Action and a range of
reasonable alternatives so DOE can determine whether to prepare an
environmental impact statement (EIS) or issue a finding of no
significant impact (FONSI). DOE is also opening a 45-day scoping period
to allow the public the opportunity to voice any concerns it might have
and to make recommendations about the analytical approach and
alternatives. During the scoping period, a public meeting will be held.
If at any point during the preparation of the EA DOE determines that it
is necessary to prepare an EIS, this scoping process will serve as the
scoping process that would normally follow a Notice of Intent to
prepare an EIS.

DATES: The public scoping period starts with the publication of this
Notice in the Federal Register and will continue until December 11,
2009. DOE will consider all comments received or postmarked by that
date in defining the scope of the EA. Comments received or postmarked
after that date will be considered to the extent practicable.
    DOE invites public comment on the scope of this EA during a public
scoping meeting from 6:30 p.m. to 10 p.m. on November 11, 2009 in room
1400 of the Biomedical and Physical Sciences Building (BPS) on the
campus of Michigan State University, in East Lansing, Michigan. The
scoping meeting will be preceded by an educational open house to be
held from 4 p.m. to 6 p.m. at the NSCL, which is adjacent to BPS.

ADDRESSES: Written comments or suggestions on the scope of the EA may
be submitted by mail to: FRIB Comments, U.S. Department of Energy,
Office of Science, Chicago Office (STS), 9800 South Cass Avenue,
Argonne, Illinois 60439; by toll free fax to 1-888-676-3672; by e-mail
to frib.comments@ch.doe.gov; or through the EA Web site at http://
www.frib.msu.edu/NEPA/
.
    The Pre-approval Draft EA is expected to be completed in the Spring
of 2010. Advance requests for copies can also be made at this time via
the methods above. In making your request, please specify whether you
would like a paper copy, a compact disc, or notification of its
availability on the Internet.

FOR FURTHER INFORMATION CONTACT: For further information on the
proposed project, contact Mr. James Hawkins, FRIB Program Manager, U.S.
Department of Energy, SC-26.2/Germantown Building, 1000 Independence
Avenue, SW., Washington, DC 20585-1290, by telephone at 301-903-3613,
or via e-mail at James.Hawkins@science.doe.gov; or Dr. Thomas
Glasmacher, FRIB Project Manager, Facility for Rare Isotope Beams,
Michigan State University, East Lansing, MI 48824-1321, by telephone at
517-908-7750, or via e-mail at glasmacher@frib.msu.edu. The FRIB
project is described in detail at the FRIB Web site, http://
www.frib.msu.edu/
.
    For general information concerning DOE's NEPA process, contact:
Peter Siebach, NEPA Compliance Officer, U.S. Department of Energy,
Office of Science-Chicago Office (STS), 9800 South Cass Avenue,
Argonne, Illinois 60439, by telephone at 603-252-2007, or via e-mail at
Peter.Siebach@ch.doe.gov. This Notice of Intent and general information
on the DOE NEPA process are available at http://www.gc.energy.gov/
NEPA/
.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: ENERGY - FR. USDA/Office of Energy Policy and New Uses. Designation of Biobased Items for Federal Procurement
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Rules and Regulations]              
[Page 55089-55094]

DEPARTMENT OF AGRICULTURE

Office of Energy Policy and New Uses

7 CFR Part 2902

RIN 0503-AA33

Designation of Biobased Items for Federal Procurement

AGENCY: Departmental Administration, USDA.

ACTION: Final rule.

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

SUMMARY: The U.S. Department of Agriculture (USDA) is amending its
Guidelines for Designating Biobased Products for Federal Procurement,
to add nine sections to designate items within which biobased products
will be afforded Federal procurement preference, as provided for under
section 9002 of the Farm Security and Rural Investment Act of 2002, as
amended by the Food, Conservation, and Energy Act of 2008 (FCEA)
(referred to in this document as ``section 9002''). USDA also is
establishing a minimum biobased content for each of these items.

DATES: This rule is effective November 27, 2009.

FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of
Procurement and Property Management, 342 Reporters Building, 300 7th
St. SW., Washington, DC 20024; e-mail: biopreferred@usda.gov; phone
(202) 205-4008. Information regarding the preferred procurement program
(one part of the BioPreferred Program) is available on the Internet at
http://www.biopreferred.gov.

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

ANNOUNCEMENT 5


Subject: WILDLIFE, LAND - NM. DOI. Invasive Species Advisory Committee.
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]              
[Page 55255]

DEPARTMENT OF THE INTERIOR

Office of the Secretary

Invasive Species Advisory Committee

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of public meetings of the Invasive Species Advisory
Committee.

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SUMMARY: Pursuant to the provisions of the Federal Advisory Committee
Act, notice is hereby given of meetings of the Invasive Species
Advisory Committee. The purpose of the Advisory Committee is to provide
advice to the National Invasive Species Council, as authorized by
Executive Order 13112, on a broad array of issues related to preventing
the introduction of invasive species and providing for their control
and minimizing the economic, ecological, and human health impacts that
invasive species cause. The Council is co-chaired by the Secretary of
the Interior, the Secretary of Agriculture, and the Secretary of
Commerce. The duty of the Council is to provide national leadership
regarding invasive species issues. The purpose of a meeting on December
1-2, 2009 is to convene the full Advisory Committee and to discuss
implementation of performance elements in the 2008-2012 National
Invasive Species Management Plan, and will focus upon the interactions
between climate change and invasive species.

DATES: Meeting of the Invasive Species Advisory Committee: Tuesday,
December 1, 2009 and Wednesday, December 2, 2009; beginning at
approximately 8 a.m., and ending at approximately 5 p.m. each day.

ADDRESSES: Westin Grand Hotel, 2350 M Street, NW., Washington, DC
20037. The general session will be held in the Washington Ballroom.

FOR FURTHER INFORMATION CONTACT: Kelsey Brantley, National Invasive
Species Council Program Analyst and ISAC Coordinator, (202) 513-7243;
Fax: (202) 371-1751.
 
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ANNOUNCEMENT 6


Subject: HAZ/Nuclear, ENERGY/Nuclear - ND/Comment Extension. NRC. Draft Regulatory Guide, DG-1199, ``Alternative Radiological Source Terms for Evaluating Design Basis Accidents at Nuclear Power Reactors:'' Issuance, Availability; Extension of Comment Period
 
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]              
[Page 55272-55273]

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0453]

Draft Regulatory Guide, DG-1199, ``Alternative Radiological
Source Terms for Evaluating Design Basis Accidents at Nuclear Power
Reactors:'' Issuance, Availability; Extension of Comment Period

AGENCY: Nuclear Regulatory Commission.

ACTION: Extension of comment period.

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

FOR FURTHER INFORMATION CONTACT: Mark Blumberg, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone 301-415-1083, or e-
mail Mark.Blumberg@nrc.gov.

DATES: The comment period closes on January 13, 2010.

ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2009-0453 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove any
identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0453. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
    Mail comments to: Michael T. Lesar, Chief, Rulemaking and
Directives Branch (RDB), Division of Administrative Services, Office of
Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, or by fax to RDB at (301) 492-
3446.
    You can access publicly available documents related to this notice
using the following methods:
    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. The Draft Regulatory Guide, DG-1199,
``Alternative Radiological Source Terms for Evaluating Design Basis
Accidents at Nuclear Power Reactors,'' is available electronically
under ADAMS Accession Number ML090960464.

SUPPLEMENTARY INFORMATION: On October 14, 2009 (74 FR 52822), the NRC
published a notice of issuance and availability of Draft Regulatory Guide DG-1199, ``Alternative Radiological Source Terms for Evaluating Design Basis Accidents at
Nuclear Power Reactors.'' Due to the amount of highly technical
material on DG-1199 the public comment period has been extended 30
additional days. The comment submittal deadline is extended from the
original December 11, 2009 deadline to January 13, 2010.

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