Friday, March 26, 2010

Environmental Federal Register, Vol. 75, No. 58, March 26, 2010

 
Federal Register
Vol. 75, No. 58
Friday, March 26, 2010
 
 
There are 5 announcements in this issue
 
    1. ENERGY, TRANSPORT - FR. EPA. Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program
 
    2. ENERGY - ND. DOE/Office of Energy Efficiency and Renewable Energy. Nationwide Limited Public Interest Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act)
 
    3. DRINK - ND/FR. DHHS/FDA. Small Entity Compliance Guide: Bottled Water: Total Coliform and E. coli; Availability
 
    4. AIR - ND. DOJ. Notice of Lodging of Second Modification to Consent Decree Under Clean Air Act; United States, et al. v. Marathon Ashland Petroleum LLC, Civil Action No. 01-40119 (PVG), United States District Court for the Eastern District of Michigan
 
    5. DRINK - NF. USDA/Rural Utilities Service. Household Water Well System Grant Program Announcement of Application Deadlines and Funding
 
   
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: ENERGY, TRANSPORT - FR. EPA. Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program
 
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Rules and Regulations]              
[Page 14669-14904]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-9112-3]
RIN 2060-A081

Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel
Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Under the Clean Air Act Section 211(o), as amended by the
Energy Independence and Security Act of 2007 (EISA), the Environmental
Protection Agency is required to promulgate regulations implementing
changes to the Renewable Fuel Standard program. The revised statutory
requirements specify the volumes of cellulosic biofuel, biomass-based
diesel, advanced biofuel, and total renewable fuel that must be used in
transportation fuel. This action finalizes the regulations that
implement the requirements of EISA, including the cellulosic, biomass-
based diesel, advanced biofuel, and renewable fuel standards that will
apply to all gasoline and diesel produced or imported in 2010. The
final regulations make a number of changes to the current Renewable
Fuel Standard program while retaining many elements of the compliance
and trading system already in place. This final rule also implements
the revised statutory definitions and criteria, most notably the new
greenhouse gas emission thresholds for renewable fuels and new limits
on renewable biomass feedstocks. This rulemaking marks the first time
that greenhouse gas emission performance is being applied in a
regulatory context for a nationwide program. As mandated by the
statute, our greenhouse gas emission assessments consider the full
lifecycle emission impacts of fuel production from both direct and
indirect emissions, including significant emissions from land use
changes. In carrying out our lifecycle analysis we have taken steps to
ensure that the lifecycle estimates are based on the latest and most
up-to-date science. The lifecycle greenhouse gas assessments reflected
in this rulemaking represent significant improvements in analysis based
on information and data received since the proposal. However, we also
recognize that lifecycle GHG assessment of biofuels is an evolving
discipline and will continue to revisit our lifecycle analyses in the
future as new information becomes available. EPA plans to ask the
National Academy of Sciences for assistance as we move forward. Based
on current analyses we have determined that ethanol from corn starch
will be able to comply with the required greenhouse gas (GHG) threshold
for renewable fuel. Similarly, biodiesel can be produced to comply with
the 50% threshold for biomass-based diesel, sugarcane with the 50%
threshold for advanced biofuel and multiple cellulosic-based fuels with
their 60% threshold. Additional fuel pathways have also been determined
to comply with their thresholds. The assessment for this rulemaking
also indicates the increased use of renewable fuels will have important
environmental, energy and economic impacts for our Nation.

DATES: This final rule is effective on July 1, 2010, and the percentage
standards apply to all gasoline and diesel produced or imported in
2010. The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register as of July
1, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0161. All documents in the docket are listed in the
http://www.regulations.gov Web site. 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 and Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. 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
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; E-mail
address: macallister.julia@epa.gov, or Assessment and Standards
Division Hotline; telephone number (734) 214-4636; E-mail address
asdinfo@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: ENERGY - ND. DOE/Office of Energy Efficiency and Renewable Energy. Nationwide Limited Public Interest Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act)
 
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]              
[Page 14592-14593]

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

Nationwide Limited Public Interest Waivers Under Section 1605
(Buy American) of the American Recovery and Reinvestment Act of 2009
(Recovery Act)

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

ACTION: Notice of limited waivers.

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

SUMMARY: The Office of Energy Efficiency and Renewable Energy (EERE) of
the U.S. Department of Energy hereby provides notice that on March 19,
2010, the Assistant Secretary for EERE granted nationwide limited
waivers of the Buy American requirements of the American Recovery and
Reinvestment Act of 2009 (Recovery Act; Pub. L. 111-5) under the
authority of section 1605(b)(1) [application of the restrictions of
section 1605 would be inconsistent with the public interest] for the
purchase of light-emitting diode LED lighting (lamps, fixtures, and any
supporting components) and heating, ventilation and air conditioning
(HVAC) units. These nationwide limited waivers apply to projects using
EERE Recovery Act funds for the construction, alteration, maintenance
and repair of a public building or public work. These limited waivers
only apply in circumstances where the recipient of EERE Recovery Act
funds (``grantee'') has taken substantial steps to commit funds for the
purchase of LED lights or HVAC units between February 17, 2009 and
March 31, 2010. Substantial steps to commit funds would include, but
are not limited to: (1) issuing a Request for Proposals (RFP) on or
before March 31, 2010 (applicable only where the grantee accepts a
proposal received under that RFP); (2) in the case of a sole source
selection: placing an order for the goods on or before March 31, 2010;
(3) commencing a bidding process on or before March 31, 2010; (4) in
circumstances where the grantee solicited quotes without an RFP: the
grantee purchases the goods based on a quote dated on or before March
31, 2010 and the order for the goods is placed on or before March 31,
2010; and (5) grantee has executed a contract or purchase agreement
with a supplier to acquire affected goods between February 17, 2009 and
March 31, 2010.
    On March 31, 2010, these limited waivers of Buy American provisions
will expire, with the exception of LED traffic lights, arrows, and
crosswalk signals, which are covered by a nationwide categorical waiver
based on domestic nonavailability issued on February 11, 2010. After
March 31, 2010, EERE grantees are required to procure LED lighting and
HVAC units from domestic manufacturers in accordance with the Recovery
Act Buy American provisions.

DATES: Effective Date: March 19, 2010.

FOR FURTHER INFORMATION CONTACT: Benjamin Goldstein, Energy Technology
Program Specialist, Office of Energy Efficiency and Renewable Energy
(EERE), (202) 287-1553, Department of Energy, 1000 Independence Avenue,
SW., Mailstop EE-2K, Washington, DC 20585.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: DRINK - ND/FR. DHHS/FDA. Small Entity Compliance Guide: Bottled Water: Total Coliform and E. coli; Availability
 
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]              
[Page 14607-14608]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0141]

Small Entity Compliance Guide: Bottled Water: Total Coliform and
E. coli; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Bottled Water: Total
Coliform and E. coli--Small Entity Compliance Guide'' for a final rule
published in the Federal Register of May 29, 2009. This small entity
compliance guide (SECG) is intended to set forth in plain language the
requirements of the regulation and to help small businesses understand
the regulation.

DATES: Submit electronic or written comments on the SECG at any time.

ADDRESSES: Submit electronic comments on the SECG to http://
www.regulations.gov
. Submit written comments on the SECG to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit written
requests for single copies of the SECG to the Division of Plant and
Dairy Food Safety (HFS-317), Office of Food Safety, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740, or fax your request to 301-436-
2651. Send one self-addressed adhesive label to assist that office in
processing your request. See the SUPPLEMENTARY INFORMATION section for
electronic access to the SECG.

FOR FURTHER INFORMATION CONTACT: Lauren Posnick Robin, Center for Food
Safety and Applied Nutrition (HFS-317), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-1639.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 

ANNOUNCEMENT 4


Subject: AIR - ND. DOJ. Notice of Lodging of Second Modification to Consent Decree Under Clean Air Act; United States, et al. v. Marathon Ashland Petroleum LLC, Civil
Action No. 01-40119 (PVG), United States District Court for the Eastern District of Michigan
 
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]              
[Page 14629-14630]

DEPARTMENT OF JUSTICE

Notice of Lodging of Second Modification to Consent Decree Under
Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on March 19, 2010, a
Second Modification (``Second Modification'') to the November 2005
First Revised Consent Decree (``First Revised Consent Decree'') in the
case of United States, et al. v. Marathon Ashland Petroleum LLC, Civil
Action No. 01-40119 (PVG), was lodged with the United States District
Court for the Eastern District of Michigan.
    Under the Second Modification, MPC must continue to comply with the
First Revised Consent Decree, but, in addition, MPC will pay a civil
penalty of $408,000 and perform two Supplemental Environmental Projects
valued at approximately $963,000 at its Canton and Catlettsburg
Refineries in settlement of claims that MPC violated the Benzene Waste
Operations NESHAP (``BWON''), 40 CFR part 61, subpart FF, and the BWON
provisions of the November 2005 First Revised Consent Decree at those
two refineries. In addition, MPC will pay a stipulated penalty of
$3,933 to resolve claims involving flaring incidents at the Canton,
Catlettsburg, Detroit, and Robinson Refineries. Finally, the Second
Modification amends two Appendices to the First Revised Consent Decree
to reflect a 2008 regulatory change that EPA made to the New
Source Performance Standards for Petroleum Refineries.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Second
Modification. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and either emailed
to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States, et al. v. Marathon Ashland Petroleum LLC, D.J. Ref. No.
90-5-2-1-07247.
    The Second Modification may be examined at the Office of the United
States Attorney, 211 W. Fort St., Suite 2300, Detroit, Michigan 48226,
and at U.S. EPA Region 5, 77 W. Jackson St., Chicago, IL 60604. During
the public comment period, the Second Modification may also be examined
on the following Department of Justice Web site: http://www.usdoj.gov/
enrd/Consent_Decrees.html
. A copy of the Second Modification may also
be obtained by mail from the Consent Decree Library, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, or by faxing or
e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax
number (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $3.75 (25 cents per page reproduction cost)
payable to the U.S. Treasury, or, if by e-mail or fax, forward a check
in that amount to the Consent Decree Library at the stated address.

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

ANNOUNCEMENT 5


Subject: DRINK - NF. USDA/Rural Utilities Service. Household Water Well System Grant Program Announcement of Application Deadlines and Funding
 
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]              
[Page 14559-14564]

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

Household Water Well System Grant Program Announcement of
Application Deadlines and Funding

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice of funding availability and solicitation of
applications.

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

SUMMARY: The Rural Utilities Service (RUS) announces the availability
of $993,000 in grant funds to be competitively awarded for the
Household Water Well System (HWWS) Grant Program for fiscal year 2010.
RUS will make grants to qualified private non-profit organizations to
establish lending programs for homeowners to borrow up to $11,000 to
construct or repair household water wells for an existing home. The
HWWS Grant Program regulations are contained in 7 CFR 1776.

DATES: The deadline for completed applications for a HWWS grant is May
31, 2010. Applications in either paper or electronic format must be
postmarked or time-stamped electronically on or before the deadline.
Late applications will be ineligible for grant consideration.

ADDRESSES: Submit electronic grant applications through http://
www.grants.gov
(Grants.gov), following the instructions on that Web
site. Submit completed paper applications to the U.S. Department of
Agriculture, Rural Utilities Service, Mail Stop 1570, Room
2233-S, 1400 Independence Ave., SW., Washington, DC 20250-1570.
Applications should be marked ``Attention: Water and Environmental
Programs.''
    Application guides and materials for the HWWS Grant Program may be
obtained electronically through http://www.usda.gov/rus/water/well.htm.
Call (202) 720-9589 to request paper copies of application guides and
materials from the Water and Environmental Programs staff.

FOR FURTHER INFORMATION CONTACT: Lorrie Davis, Community Programs
Specialist, U.S. Department of Agriculture, RUS Programs, Water and
Environmental Programs, telephone: (202) 720-9631, fax: (202) 690-0649,
e-mail: Lorrie.davis@wdc.usda.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: