Thursday, January 28, 2010

Environmental Federal Register, Vol. 75, No. 18, January 28, 2010

Federal Register
Vol. 75, No. 18
Thursday, January 28, 2010
 
There are 5 announcements in this issue
 
    1. WATER - ND/NS. EPA. Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment, and Opportunity To Comment Regarding Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America, LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America, Inc.
 
    2. WATER - ND. EPA. Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated With Construction Activities
 
    3. ENERGY/Conservation - FR/Correction. DOE. Energy Conservation Program: Certification, Compliance, and Enforcement Requirements for Certain Consumer Products and Commercial and Industrial Equipment; Correction
 
    4. ALL - ND. USDA/Natural Resources Conservation Service. Notice of Proposed Changes to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
 
    5. HAZ/Nuclear - PR/Denial of Petition. Natural Resources Defense Council; Denial of Petition for Rulemaking
           

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 - ND/NS. EPA. Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment, and Opportunity To Comment Regarding Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America,
LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America, Inc.
 
[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]              
[Page 4552-4554]

ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number EPA-HQ-OECA-2009-0563; FRL-9107-4]

Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment, and Opportunity To Comment Regarding Hydro Aluminum
North America, Inc. and Hydro Aluminum Precision Tubing North America,
LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America,
Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a Consent Agreement with Hydro Aluminum
North America, Inc. and Hydro Aluminum Precision Tubing North America,
LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America,
Inc. (Hydro) to resolve violations of the Clean Water Act (CWA), the
Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA),
and the Emergency Planning and Community Right-to-Know Act (EPCRA), and
their implementing regulations at 16 facilities listed below:

249 South 51st Avenue, Phoenix, AZ 85043;
100 Gus Hipp Blvd., Rockledge, FL 32955-4701;
200 Riviera Blvd., St. Augustine, FL 32086;
Henry Street, North Liberty, IN 46554;
400 South Main Street, North Liberty, IN 46554;
5801 Riverport Road, Henderson, KY 42420;
1607 East Maumee Street, Adrian, MI 49221;
5375 North Riverview Drive, Kalamazoo, MI 49004;
Sale Barn Road, Cassville, MO 65625;
808 County Road, Monett, MO 65708;
401 North Stolle Avenue, Sidney, OH 45365;
2490 Ross Street, Sydney, OH 45363;
9 Aluminum Drive, Ellenville, NY 12428;
117 Blake Dairy Road, Belton, SC 29627;
171 Industrial Blvd., Fayetteville, TN 37334;
200 Economic Drive, Commerce, TX 75248.

    The Administrator is hereby providing public notice of this
proposed Consent Agreement and Final Order (CAFO), and providing an
opportunity for interested persons to comment on the CWA, EPCRA, RCRA,
and CAA portions of this Consent Agreement, in accordance with CWA
sections 309(g)(4)(A) and 311(b)(6)(C)(i), 33 U.S.C. 1319(g)(4)(A), and
1321(b)(6)(C)(i).

DATES: Comments are due on or before March 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2009-0563, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: docket.oeca@epa.gov, Attention Docket ID No. EPA-
HQ-OECA-2009-0563.
    Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2009-0563.
    Mail: Enforcement and Compliance Docket Information
Center, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
EPA-HQ-OECA-2009-0563.
    Hand Delivery: Enforcement and Compliance Docket
Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B
3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center 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
Reading Room is (202) 566-1744, and the telephone number for the
Enforcement and Compliance Docket is (202) 566-1927. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2009-0563. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov
. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm
.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov
index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Enforcement and
Compliance Docket Information Center in the EPA Docket Center (EPA/DC),
EPA West, Room B 3334, 1301 Constitution Avenue, NW., Washington, DC.
The EPA Docket Center 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 Reading Room is (202) 566-1744, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1927.

FOR FURTHER INFORMATION CONTACT: Michael Calhoun, Special Litigation
and Projects Division (2248-A), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202)
564-6031; fax: (202) 564-9001; e-mail: calhoun.michael@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: WATER - ND. EPA. Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated With Construction Activities
 
[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]              
[Page 4554-4557]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9107-3, EPA-HQ-OW-2008-0238]

Modification to 2008 National Pollutant Discharge Elimination
System (NPDES) General Permit for Stormwater Discharges Associated With
Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 today are modifying
the 2008 National Pollutant Discharge Elimination System (NPDES)
general permits for stormwater discharges associated with construction
activity in order to extend by one year the expiration date of the
permit. Hereinafter, these NPDES general permits will be referred to as
``permit'' or ``2008 construction general permit'' or ``2008 CGP.'' The
2008 CGP was originally issued for a period of two (2) years. Today,
EPA is modifying the CGP in order to extend the 2 year term of the 2008
CGP by one year so that it expires on June 30, 2011, instead of June
30, 2010, resulting in a permit that will be in effect for a total
period of three (3) years. By Federal law, no NPDES permit may be
issued for a period that exceeds five (5) years.

DATES: EPA is modifying its 2008 Construction General Permit by
extending the permit by one year. This permit modification is effective
on January 20, 2010. The 2008 Construction General Permit will now
expire on midnight June 30, 2011, instead of June 30, 2010.

FOR FURTHER INFORMATION CONTACT: Greg Schaner, Water Permits Division,
Office of Wastewater Management (Mail Code: 4203M), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., EPA East, Washington,
DC 20460; telephone number: (202) 564-0721; fax number: (202) 564-6431;
e-mail address: schaner.greg@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: ENERGY/Conservation - FR/Correction. DOE. Energy Conservation Program: Certification, Compliance, and Enforcement Requirements for Certain Consumer Products and Commercial and Industrial Equipment; Correction
 
[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Rules and Regulations]              
[Page 4474-4475]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Nos. EE-RM/TP-99-450 and EE-RM/TP-05-500]
RIN 1904-AA96 and 1904-AB53

Energy Conservation Program: Certification, Compliance, and
Enforcement Requirements for Certain Consumer Products and Commercial
and Industrial Equipment; Correction

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

ACTION: Final rule; technical correction.

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

SUMMARY: This document contains a technical correction to the final
rule regarding the certification, compliance and enforcement
regulations that was published on January 5, 2010. In that final rule,
the U.S. Department of Energy (DOE) adopted regulations to implement
reporting requirements for energy conservation standards and energy
use, and to address other matters, including compliance certification,
prohibited actions, and enforcement procedures for specific consumer
products and commercial and industrial equipment. Due to drafting
errors, language added to the rule in one amendment was deleted from
the rule by another amendment, and certain erroneous internal cross
references were made. This correction addresses these errors.

DATES: This technical correction is effective February 4, 2010.

FOR FURTHER INFORMATION CONTACT: Michael McCabe, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121, (202) 586-9155. E-mail: Michael.McCabe@ee.doe.gov.
    Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-9507. E-mail: Michael.Kido@hq.doe.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: ALL - ND. USDA/Natural Resources Conservation Service. Notice of Proposed Changes to the National Handbook of Conservation Practices for the Natural Resources Conservation Service
 
[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]              
[Page 4525]

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

Notice of Proposed Changes to the National Handbook of
Conservation Practices for the Natural Resources Conservation Service

AGENCY: Natural Resources Conservation Service (NRCS).

ACTION: Notice of availability of proposed changes in the NRCS National
Handbook of Conservation Practices for public review and comment.

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

SUMMARY: Notice is hereby given of the intention of NRCS to issue a
series of revised conservation practice standards in the National
Handbook of Conservation Practices. These standards include: Air
Filtration and Scrubbing (Code 371), Animal Trails and Walkways (Code
575), Combustion System Improvement (Code 372), Conservation Crop
Rotation (Code 328), Diversion (Code 362), Dust Control on Unpaved
Roads and Surfaces (Code 373), Forage Harvest Management (Code 511),
Herbaceous Weed Control (Code 315), Range Planting (Code 550), and
Riparian Herbaceous Cover (Code 390). NRCS State Conservationists who
choose to adopt these practices for use within their States will
incorporate them into Section IV of their respective electronic Field
Office Technical Guides. These practices may be used in conservation
systems that treat highly erodible land (HEL) or on land determined to
be a wetland. Section 343 of the Federal Agriculture Improvement and
Reform Act of 1996 requires NRCS to make available for public review
and comment all proposed revisions to conservation practice standards
used to carry out HEL and wetland provisions of the law.

DATES: Effective Date: This is effective January 28, 2010.
    Comment date: Submit comments on or before March 1, 2010. Final
versions of these new or revised conservation practice standards will
be adopted after the close of the 30-day period, and after
consideration of all comments.

ADDRESSES: Comments should be submitted using any of the following
methods:
    Mail: Wayne Bogovich, National Agricultural Engineer,
Conservation Engineering Division, Department of Agriculture, Natural
Resources Conservation Service, 1400 Independence Avenue, SW., Room
6136 South Building, Washington, DC 20250.
    E-mail: wayne.bogovich@wdc.usda.gov.

FOR FURTHER INFORMATION CONTACT: Wayne Bogovich, National Agricultural
Engineer, Conservation Engineering Division, Department of Agriculture,
Natural Resources Conservation Service, 1400 Independence Avenue, SW.,
Room 6136 South Building, Washington, DC 20250.
    Electronic copies of these standards can be downloaded or printed
from the following Web site: ftp://ftp-fc.sc.egov.usda.gov/NHQ/
practice-standards/federal-register/
. Requests for paper versions or
inquiries may be directed to Wayne Bogovich, National Agricultural
Engineer, Conservation Engineering Division, Department of Agriculture,
Natural Resources Conservation Service, 1400 Independence Avenue, SW.,
Room 6136 South Building, Washington, DC 20250.

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

ANNOUNCEMENT 5


Subject: HAZ/Nuclear - PR/Denial of Petition. Natural Resources Defense Council; Denial of Petition for Rulemaking
 
[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Proposed Rules]              
[Page 4493-4498]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-90; NRC-2008-0279]

Natural Resources Defense Council; Denial of Petition for
Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Denial.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is denying a petition
for rulemaking submitted by the Natural Resources Defense Council (PRM-
50-90). The petitioner requested that the NRC amend the regulations
that govern domestic licensing of highly enriched uranium (HEU)
production and utilization facilities to establish a date when the NRC
would no longer license the domestic use or export of HEU except for
restricted use by a few specialized facilities. The petitioner has not
demonstrated that existing NRC licensing, security and export
regulations do not currently provide for reasonable assurance of
adequate protection of the public health and safety, and the common
defense and security of the United States.

ADDRESSES: You can access publicly available documents related to this
petition for rulemaking 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 PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
    Federal Rulemaking Web site: Public comments and supporting
materials related to this petition for rulemaking can be found at
http://www.regulations.gov by searching on Docket ID: NRC-2008-0279.
Address questions about NRC dockets to Carol Gallagher 301-492-3668; e-
mail Carol.Gallagher@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Robert Beall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone: 301-415-3874 or e-mail: Robert.Beall@NRC.Gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: