Monday, November 30, 2009

Environmental Federal Register, Vol. 74, No. 228, November 30, 2009

Federal Register
Vol. 74, No. 228
Monday, November 30, 2009
 
 
There are 3 announcements in this issue
 
    1. ALL - NM/Postponement . EPA. Postponement of NACEPT Subcommittee on Promoting Environmental Stewardship 
 
    2. HAZ/Nuclear - NM. NRC. Notice of Public Meeting and Request for Comment on Blending of Low-Level Radioactive Waste
 
    3. WATER, ENERGY/Coal - ANPR. DOI/Office of Surface Mining Reclamation and Enforcement. Stream Buffer Zone and Related Rules
   
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: ALL - NM/Postponement . EPA. Postponement of NACEPT Subcommittee on Promoting Environmental Stewardship 
 
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]              
[Page 62569-62570]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9086-8]

Postponement of NACEPT Subcommittee on Promoting Environmental
Stewardship

AGENCY: Environmental Protection Agency (EPA).

ACTION: Postponement of meeting.

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SUMMARY: On November 13, 2009, EPA provided notice (74 FR 58626) of a
meeting of the NACEPT Subcommittee on Promoting Environmental
Stewardship on December 1 and 2, 2009. The purpose of this notice is to
announce a postponement of the December 1 and 2 meeting.
    The purpose of the Subcommittee on Promoting Environmental
Stewardship (SPES) of the National Advisory Council for Environmental
Policy and Technology (NACEPT) is to advise the U.S. Environmental
Protection Agency on how to promote environmental stewardship practices
that encompass all environmental aspects of an organization in the
regulated community and other sectors, as appropriate, in order to
enhance human health and environmental protection.
    The meeting scheduled for December 1 and 2 was intended to focus on
the Subcommittee's potential stewardship-related recommendations for
the Agency. The meeting is being postponed to allow additional time for
Subcommittee members to more fully prepare and process potential next
steps.

FOR FURTHER INFORMATION CONTACT: Regina Langton, Designated Federal
Officer, langton.regina@epa.gov, 202-566-2178, U.S. EPA Office of
Policy, Economics, and Innovation (MC1807T), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
 
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ANNOUNCEMENT 2


Subject: HAZ/Nuclear - NM. NRC. Notice of Public Meeting and Request for Comment on Blending of Low-Level Radioactive Waste
 
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]              
[Page 62606-62609]

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0520]

Notice of Public Meeting and Request for Comment on Blending of
Low-Level Radioactive Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Public Meeting and a Request for Comment on Issues
Related to Blending of Low-Level Radioactive Waste.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) plans to conduct
a public meeting on January 14, 2010, in Rockville, MD, to solicit
input on issues associated with blending of low-level radioactive waste
(LLRW). Since the closure of the LLRW disposal facility at
Barnwell, South Carolina on June 30, 2008 to out-of-compact generators,
the issue of blending of LLRW has received increased attention from
stakeholders, industry, and Agreement States, especially blending that
results in a change in the classification of the waste, as defined by
the radionuclide concentrations in 10 CFR part 61.55. Blending, as
defined here, refers to mixing of LLRW of different concentrations. It
does not involve mixing radioactive waste with non-radioactive waste,
(i.e., dilution) and concerns only disposal in a licensed facility, not
release of radioactivity to the general environment.
    Blending is not prohibited or explicitly addressed in NRC
regulations. In addition, while NRC staff guidance discourages blending
in some circumstances, it also recognizes that some blending--including
blending that lowers the classification of a waste--may be appropriate
in others. However, the closure of the Barnwell facility to LLRW
generators in 36 States means that there is no disposal option for
Class B or C LLRW generated in these States; LLRW generators have been
storing Class B and C LLRW onsite since the closure of Barnwell. The
lack of a disposal pathway for Class B and C LLRW from these generators
has increased interest in blending to reduce the radioactivity
concentrations of wastes that might otherwise be classified as B or C
waste. A disposal pathway exists for Class A waste, which means that
Class A waste does not have to be stored at licensees' sites. While
some blending of LLRW resulting in reduced waste classification has
occurred in the past, the scale of blending being considered since the
closure of Barnwell is potentially much larger than current practice.
    On October 8, 2009, NRC Chairman Gregory B. Jaczko directed the
staff to prepare a vote paper for the Commission to consider issues
related to blending of LLRW, including the following:
    Issues related to intentional changes in waste
classification due to blending, including safety, security, and policy
considerations.
    Protection of the public, the intruder, and the
environment.
    Mathematical concentration averaging and homogeneous
physical mixing.
    Practical considerations in operating a waste treatment
facility, disposal facility, or other facilities, including the
appropriate point at which waste should be classified.
    Recommendations for revisions, if necessary, to existing
regulations, requirements, guidance, or oversight related to blending
of LLW.
    The staff is holding a public meeting to obtain additional
information on these and other related issues. Stakeholder views will
be presented in the vote paper that the staff prepares for the
Commission.

DATES: Members of the public may provide feedback at the transcribed
public meeting or may submit written comments on the issues discussed
in this notice. Comments on the issues and questions presented in this
notice and discussed at the meeting should be postmarked no later than
January 29, 2010. Comments received after this date will be considered
if it is practical to do so. NRC plans to consider these stakeholder
views in the development of a vote paper for the Commission's
consideration. Written comments may be sent to the address listed in
the ADDRESSES Section. Questions about participation in the public
workshops should be directed to the facilitator at the address listed
in the ADDRESSES Section. Members of the public planning to attend the
workshops are invited to RSVP at least ten (10) days prior to each
workshop. Replies should be directed to the points of contact listed in
the FOR FURTHER INFORMATION CONTACT section.
    The public meeting will be held in Rockville, Maryland on January
14, 2010, from 8 a.m. to 5:30 p.m. at: The Legacy Hotel & Meeting
Centre, The Georgetown Room, 1775 Rockville Pike, Rockville, MD 20852,
240-283-1116.
    The final agenda for the public meeting will be noticed no fewer
than ten (10) days prior to the meeting on the NRC's electronic public
workshop schedule at http://www.nrc.gov/public-involve/public-meetings/
index.cfm
. Please refer to the SUPPLEMENTARY INFORMATION section for
questions that will be discussed at the meeting.

ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2009-0520 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-2009-0520. 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.
    Questions regarding participation in the public meeting should be
submitted to the facilitator, Francis Cameron, by mail to Mail Stop
O16-E15, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
by telephone at 240-205-2091, or by e-mail at fxcameo@gmail.com.

FOR FURTHER INFORMATION CONTACT: Brooke Traynham, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone 404-729-
3366; e-mail Brooke.Traynham@nrc.gov.
    The public may examine and have copies for a fee, publicly
available documents at the Public Document Room, One White Flint North,
11555 Rockville Pike, Rockville, Maryland. Publicly available documents
created or received at NRC after November 1, 1999, are available
electronically at the NRC's Electronic Reading Room at http://
www.nrc.gov/reading-rm/adams.html
. From this site, the public can gain
entry into the NRC's Agencywide Documents Access and Management System
(ADAMS), which provides text and image files of NRC's public documents.
If you do not have access to ADAMS, contact the Public Document Room at
1-800-397-4209, 301-415-4737, or by e-mail at pdr.resource@nrc.gov.
    Existing NRC guidance on blending of LLRW is contained in the NRC's
1995 ``Final Branch Technical Position on Concentration Averaging and
Encapsulation'' (CA BTP), Section 3.1 (ADAMS Accession No.
ML033630732). The staff has recently issued several letters that
describe NRC's position on blending of LLRW that should also be useful
to interested persons. These include letters to EnergySolutions (ADAMS
Accession No. ML092170561),
Studsvik (ADAMS Accession No. ML092930251), and Waste Control
Specialists (ADAMS Accession No. ML092920426). Multiple meetings are
being scheduled for the week of December 14, 2009, to better understand
the positions of these three companies on blending of LLRW. Additional
information on these meetings will be posted on the NRC public web site
in the near future at http://www.nrc.gov/public-involve/public-
meetings/index.cfm
. The public is invited to participate. Chairman
Jaczko's October 8, 2009, memorandum to the staff on blending of LLRW
can be found in ADAMS (Accession No. ML093070605).
 
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ANNOUNCEMENT 3


Subject: WATER, ENERGY/Coal - ANPR. DOI/Office of Surface Mining Reclamation and Enforcement. Stream Buffer Zone and Related Rules
 
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Proposed Rules]              
[Page 62663-62668]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 780, 784, 816, and 817

[Docket ID OSM-2009-0009]
RIN: 1029-AC63

Stream Buffer Zone and Related Rules

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Advance notice of proposed rulemaking; notice of intent to
prepare a supplemental environmental impact statement (SEIS).

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are seeking comments on our intention to revise our regulations
concerning the conduct of mining activities in or near streams. We have
determined that revision of the stream buffer zone (SBZ) rule published
on December 12, 2008, is necessary to implement the interagency action
plan that the Administration has developed to significantly reduce the
harmful environmental consequences of surface coal mining operations in
Appalachia, while ensuring that future mining remains consistent with
Federal law. In this notice, we describe and seek comment on the
alternatives that we are considering for revision of the SBZ rule. In
addition, we request your help in identifying significant issues,
studies, and specific alternatives that we should consider in the SEIS
for this rulemaking initiative.
    The June 11, 2009, memorandum of understanding (MOU) implementing
the interagency action plan also calls for us to consider whether
revisions to other OSM regulations (including, at a minimum,
approximate original contour requirements) are needed to better protect
the environment and the public from the impacts of Appalachian surface
coal mining. We have identified addition of a definition of ``material
damage to the hydrologic balance'' as one such possibility. We invite
comment on that option as well as whether there are other OSM
regulations that could be revised to implement this provision of the
MOU.

DATES: To ensure consideration, we must receive your comments on or
before December 30, 2009.

ADDRESSES: You may submit comments by any of the following methods,
although we request that you use the Federal e-rulemaking portal if
possible:
    Federal e-Rulemaking Portal: http://www.regulations.gov.
The document has been assigned Docket ID: OSM-2009-0009. Follow the
online instructions for submitting comments.
    Mail, hand-delivery, or courier to: Office of Surface
Mining Reclamation and Enforcement, Administrative Record, Room 252-
SIB, 1951 Constitution Avenue, NW., Washington, DC 20240. Please
include the Docket ID (OSM-2009-0009) with your comment.
    Comments that we receive after the close of the comment period (see
DATES) or sent to an address other than those listed above will not be
considered or included in the docket.
    Please submit all comments and related materials that you wish us
to consider. We are not able to consider comments and materials that
were previously submitted in connection with a different rulemaking.
    For information on the public availability of comments, see Part
VII of this preamble, which is entitled ``Will comments received in
response to this notice be available for review?''

FOR FURTHER INFORMATION CONTACT: Dennis Rice, Division of Regulatory
Support, Office of Surface Mining Reclamation and Enforcement, 1951
Constitution Ave., NW. MS 202-SIB, Washington, DC 20240; Telephone 202-
208-2829.
 
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