Monday, April 5, 2010

Environmental Federal Register, Vol. 75, No. 63, April 2, 2010

Federal Register
Vol. 75, No. 63
Friday, April 2, 2010
 
 
There are 9 announcements in this issue
 
    1. AIR - FR/Final Action on Reconsideration of Interpretation. EPA. Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs
 
    2. TOXICS - FR/Withdrawal. EPA. 1-Propene, 2,3,3,3-tetrafluoro-; Withdrawal of Significant New Use Rule
 
    3. TOXICS - PR. EPA. Proposed Significant New Use Rule for 1-Propene, 2,3,3,3-tetrafluoro-
 
    4. AIR - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request for Sulfur Content of Motor Vehicle Gasoline Under the Tier 2 Rule; EPA ICR No. 1907.05; OMB Control No. 2060-0437
 
    5. MI/AIR, MI/TRANSPORT - ND. EPA. Environmental Impact Statements and Regulations; Availability of EPA Comments; US-31 Holland to Grand Haven Project, Ottawa County
 
    6. ENERGY/Efficiency - PR. DOE. Energy Conservation Program: Test Procedures for Battery Chargers and External Power Supplies
 
    7. ENERGY, WATER - ND. DOI/MMS. Preliminary Revised 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2007-2012
 
    8. ENERGY/Nuclear - FR. NRC. Increase in the Primary Nuclear Liability Insurance Premium
 
    9. MI/ENERGY/Nuclear - ND. NRC. Entergy Nuclear Operations, LLC; Palisades Nuclear Plant, Van Buren County; Exemption
  
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 - FR/Final Action on Reconsideration of Interpretation. EPA. Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]              
[Page 17003-17023]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50, 51, 70, and 71

[EPA-HQ-OAR-2009-0597; FRL-9133-6]
RIN 2060-AP87

Reconsideration of Interpretation of Regulations That Determine
Pollutants Covered by Clean Air Act Permitting Programs

AGENCY: Environmental Protection Agency.

ACTION: Final Action on Reconsideration of Interpretation.

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SUMMARY: EPA has made a final decision to continue applying the
Agency's existing interpretation of a regulation that determines the
scope of pollutants subject to the Federal Prevention of Significant
Deterioration (PSD) program under the Clean Air Act (CAA or Act). In a
December 18, 2008 memorandum, EPA established an interpretation
clarifying the scope of the phrase ``subject to regulation'' found
within the definition of the term ``regulated NSR pollutant.'' After
considering comments on alternate interpretations of this term, EPA has
decided to continue to interpret it to include each pollutant subject
to either a provision in the CAA or regulation adopted by EPA under the
CAA that requires actual control of emissions of that pollutant. Thus,
this action explains that EPA will continue following the
interpretation in the December 18, 2008 memorandum with one exception.
EPA is refining its interpretation to establish that the PSD permitting
requirements will not apply to a newly regulated pollutant until a
regulatory requirement to control emissions of that pollutant ``takes
effect.'' In addition, this notice addresses several questions
regarding the applicability of the PSD and Title V permitting programs
to greenhouse gases (GHGs) upon the anticipated promulgation of EPA
regulations establishing limitations on emissions of GHGs from vehicles
under Title II of the CAA. Collectively, these conclusions result in an
EPA determination that PSD and Title V permitting requirements will not
apply to GHGs until at least January 2, 2011.

DATES: This final action is applicable as of March 29, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Air Quality
Policy Division (C504-03), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711, telephone number: (919) 541-2380; fax
number: (919) 541-5509, e-mail address: svendsgaard.dave@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - FR/Withdrawal. EPA. 1-Propene, 2,3,3,3-tetrafluoro-; Withdrawal of Significant New Use Rule
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]              
[Page 16670-16671]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2008-0918; FRL-8816-9]
RIN 2070-AB27

1-Propene, 2,3,3,3-tetrafluoro-; Withdrawal of Significant New
Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is withdrawing a significant new use rule (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for the chemical substance identified as 1-Propene, 2,3,3,3-
tetrafluoro- (CAS No. 754-12-1), which was the subject of
premanufacture notice (PMN) P-07-601. EPA published the SNUR using
direct final rulemaking procedures. EPA received a notice of intent to
submit adverse comments on the rule. Therefore, the Agency is
withdrawing the SNUR, as required under the expedited SNUR rulemaking
process. Elsewhere in today's Federal Register, EPA is publishing
(under separate notice and comment rulemaking procedures) a proposed
SNUR for this substance.

DATES: This final rule is effective April 2, 2010.

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: Karen Chu, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8773; e-mail
address: chu.karen@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - PR. EPA. Proposed Significant New Use Rule for 1-Propene, 2,3,3,3-tetrafluoro-
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]              
[Page 16706-16711]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 721

[EPA-HQ-OPPT-2008-0918; FRL-8818-2]
RIN 2070-AB27

Proposed Significant New Use Rule for 1-Propene, 2,3,3,3-
tetrafluoro-

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY:  EPA is proposing a significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the
chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro- (CAS
No. 754-12-1) which was subject to premanufacture notice (PMN) P-07-
601. This proposed rule would require persons who intend to
manufacture, import, or process the substance for an activity that is
designated as a significant new use to notify EPA at least 90 days
before commencing that activity. The required notification would
provide EPA with the opportunity to evaluate the intended use and, if
necessary, to prohibit or limit the activity before it occurs.

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0918, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0918. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.   

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: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-9232; e-mail
address: moss.kenneth@epa.gov.
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ANNOUNCEMENT 4


Subject: AIR - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request for Sulfur Content of Motor Vehicle Gasoline Under the
Tier 2 Rule; EPA ICR No. 1907.05; OMB Control No. 2060-0437
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]              
[Page 16785-16786]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9133-5]

Agency Information Collection Activities; Proposed Collection;
Comment Request for Sulfur Content of Motor Vehicle Gasoline Under the
Tier 2 Rule; EPA ICR No. 1907.05; OMB Control No. 2060-0437

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This
request is to renew an ICR that will expire on July 31, 2010.

DATES: Comments must be submitted on or before June 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0258, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: a-and-r-Docket@epa.gov.
    Mail: Air Docket, Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Fax or Hand Delivery: EPA's Public Reading Room is located
in Room 3334 of the EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC. Docket hours are Monday through Friday, 8 a.m. until
4:30 p.m., excluding legal holidays. In order to ensure to arrange for
proper fax or hand delivery of materials, please call the Air Docket at
202-566-1742.   

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Office of
Transportation and Air Quality, Transportation and Regional Programs
Division, Mail Code 6406J, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
343-9017; fax number: (202) 343-2801; e-mail address:
heard.geanetta@epa.gov.

 
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ANNOUNCEMENT 5


Subject: MI/AIR, MI/TRANSPORT - ND. EPA. Environmental Impact Statements and Regulations; Availability of EPA Comments; US-31 Holland to Grand Haven Project, Ottawa County
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]              
[Page 16787-16788]

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8989-6]

Environmental Impact Statements and Regulations; Availability of
EPA Comments

    Availability of EPA comments prepared pursuant to the Environmental
Review Process (ERP), under section 309 of the Clean Air Act and
Section 102(2)(c) of the National Environmental Policy Act as amended.
Requests for copies of EPA comments can be directed to the Office of
Federal Activities at 202-564-7146 or http://www.epa.gov/compliance/nepa/.
 
[Includes]: EIS No. 20100041, ERP No. F-FHW-F40379-MI, US-31 Holland to Grand Haven Project, Transportation Improvement to Reduce Traffic Congestion and
Delay, Ottawa County, MI. Summary: EPA's previous issues have been resolved; therefore, EPA does not object to the proposed action.
 
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ANNOUNCEMENT 6


Subject: ENERGY/Efficiency - PR. DOE. Energy Conservation Program: Test Procedures for Battery Chargers and External Power Supplies
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]              
[Page 16957-16986]

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0019]
RIN 1904-AC03

Energy Conservation Program: Test Procedures for Battery Chargers
and External Power Supplies

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

ACTION: Notice of proposed rulemaking and public meeting.

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

SUMMARY: The U.S. Department of Energy (DOE) proposes major revisions
to its test procedures for battery chargers and external power
supplies. In particular, DOE proposes to insert a new active mode
energy consumption test procedure for battery chargers, to assist in
the development of energy conservation standards as directed by the
Energy Independence and Security Act of 2007. DOE also proposes to
amend portions of its existing standby and off mode battery charger
test procedure to shorten the measurement time. DOE is also considering
amending its existing active mode single-voltage external power supply
test procedure to permit testing of certain types of external power
supplies that the existing test procedure may be unable to test.
Additionally, DOE proposes to insert a new procedure to address
multiple-voltage external power supplies, which are not covered under
the current single-voltage external power supply test procedure.
Finally, DOE is announcing a public meeting to receive comment on the
issues presented in this notice of proposed rulemaking.

DATES: DOE will hold a public meeting in Washington, DC on Friday, May
7, 2010, beginning at 9 a.m. DOE must receive requests to speak at the
meeting before 4 p.m., Friday, April 23, 2010. DOE must receive a
signed original and an electronic copy of statements to be given at the
public meeting before 4 p.m., Friday, April 30, 2010.
    DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before or after the public
meeting, but no later than June 16, 2010. See Section V, ``Public
Participation,'' of this NOPR for details.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals participating in the public meeting are subject to advance
security screening procedures, requiring a 30-day advance notice. If a
foreign national wishes to participate in the workshop, please inform
DOE of this fact as soon as possible by contacting Ms. Brenda Edwards
at (202) 586-2945 so that the necessary procedures can be completed.
    Any comments submitted must identify the Battery Charger Active
Mode Test Procedure NOPR, and provide the docket number EERE-2009-BT-
TP-0019 and/or Regulation Identifier Number (RIN) 1904-AC03. Comments
may be submitted using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    E-mail: BC&EPS_Test_Proc@ee.doe.gov. Include the docket
number EERE-2009-BT-TP-0019 and/or RIN 1904-AC03 in the subject line of
the message.
    Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Please submit one
signed paper original.
    Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone: (202) 586-2945. Please
submit one signed paper original.
    For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V., ``Public
Participation,'' of this document.
    Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza, SW., 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 (202) 586-2945 for additional information
regarding visiting the Resource Room. Please note: DOE's Freedom of
Information Reading Room no longer houses rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Petrolati, 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. Telephone: (202) 586-4549. E-mail:
Victor.Petrolati@ee.doe.gov. In the Office of General Counsel, contact
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585.
Telephone: (202) 586-9507. E-mail: Michael.Kido@hq.doe.gov.
    For additional information on how to submit or review public
comments and on how to participate in the public meeting, contact Ms.
Brenda Edwards, 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. Telephone: (202)
586-2945. E-mail: Brenda.Edwards@ee.doe.gov.

 
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ANNOUNCEMENT 7


Subject: ENERGY, WATER - ND. DOI/MMS. Preliminary Revised 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2007-2012
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]              
[Page 16833-16836]

DEPARTMENT OF THE INTERIOR

Minerals Management Service

Preliminary Revised 5-Year Outer Continental Shelf (OCS) Oil and
Gas Leasing Program for 2007-2012

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of availability and request for comments.

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

SUMMARY: The Minerals Management Service (MMS) requests comments on the
Preliminary Revised 5-Year OCS Oil and Gas Leasing Program for 2007-
2012. This is the Preliminary Revised Program (PRP), required by the
order of the U.S. Court of Appeals for the District of Columbia in
Center for Biological Diversity v. U.S. Dept. of Interior, DC Cir. No.
07-1247, 07-1344, for lease sales covering the 2007-2012 time frame.

DATES: Please submit comments and information to the MMS no later than
May 3, 2010.

Public Comment Procedure

    The MMS will accept comments in one of three formats: By our
Internet commenting system, e-mail, or regular mail. Please submit your
comments using only one of these formats, and include full names and
addresses. Comments submitted by other means may not be considered.
Before including your address, phone number, e-mail address, or other
personal identifying information in your comment, you should be aware
that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. See further information about commenting below.
    The MMS encourages commenters to focus on the expanded relative
environmental sensitivity analysis and the Secretary's revisions to the
leasing schedule that reflect his balancing of the potential for
discovery of petroleum with the potential for harm to the environment
or coastal zone. The balance of the PRP document consists of analyses
that were already subject to public comment prior to July 2007.

ADDRESSES: You may submit comments on the PRP by any of the following
methods.
    Federal eRulemaking Portal: http://www.regulations.gov. In
the entry titled ``Enter Keyword or ID,'' enter docket ID MMS-2009-OMM-
0016 then click search. Under the tab ``View By Docket Folder'', you
can submit public comments and view supporting and related materials
available for this Notice. The MMS will post all comments.
    E-mail: PRPcomments@mms.gov.
    Mail or hand-carry comments on the PRP to the Department
of the Interior; Attention: Leasing Division (LD); 381 Elden Street,
MS-4010; Herndon, Virginia 20170-4817. Please reference ``Remand of the
2007-2012 OCS Oil and Gas Leasing Program'' in your comments and
include your name and address.

FOR FURTHER INFORMATION CONTACT: Renee Orr, 5-Year Program Manager, at
(703) 787-1215.

 
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ANNOUNCEMENT 8


Subject: ENERGY/Nuclear - FR. NRC. Increase in the Primary Nuclear Liability Insurance Premium
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]              
[Page 16645-16646]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 140

[NRC-2009-0516]
RIN 3150-AI74

Increase in the Primary Nuclear Liability Insurance Premium

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations that govern financial protection requirements and indemnity
agreements to increase the primary nuclear liability insurance layer
from $300 million to $375 million for liability insurance coverage in
the event of nuclear incidents at licensed, operating, commercial
nuclear power plants with a rated capacity of 100,000 kW or more.

DATES: Effective Date: May 3, 2010.

FOR FURTHER INFORMATION CONTACT: Anneliese Simmons, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone 301-415-2791, e-mail Anneliese.Simmons@nrc.gov.

 
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ANNOUNCEMENT 9


Subject: MI/ENERGY/Nuclear - ND. NRC. Entergy Nuclear Operations, LLC; Palisades Nuclear Plant, Van Buren County; Exemption
 
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]              
[Page 16869-16871]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2010-0127]

Entergy Nuclear Operations, LLC; Palisades Nuclear Plant;
Exemption

1.0 Background

    Entergy Nuclear Operations, LLC (ENO) (the licensee) is the holder
of Facility Operating License No. DPR-20, which authorizes operation of
Palisades Nuclear Plant (PNP). The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission)
now or hereafter in effect.
    The facility consists of one pressurized-water reactor located in
Van Buren County, Michigan.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) part 73,
``Physical protection of plants and materials,'' section 73.55,
``Requirements for physical protection of licensed activities in
nuclear power reactors against radiological sabotage,'' published March
27, 2009, effective May 26, 2009, with a full implementation date of
March 31, 2010, requires licensees to protect, with high assurance,
against radiological sabotage by designing and implementing
comprehensive site security programs. The amendments to
10 CFR 73.55 published on March 27, 2009, establish and update
generically applicable security requirements similar to those
previously imposed by Commission orders issued after the terrorist
attacks of September 11, 2001, and implemented by licensees. In
addition, the amendments to 10 CFR 73.55 include additional
requirements to further enhance site security based upon insights
gained from implementation of the post-September 11, 2001, security
orders. It is from three of these new requirements that ENO now seeks
an exemption from the March 31, 2010, implementation date. All other
physical security requirements established by this recent rulemaking
have already been or will be implemented by the licensee by March 31,
2010.
    By letter dated January 14, 2010, (inadvertently dated January 14,
2009), as supplemented by letter dated February 16, 2010, the licensee
requested an exemption in accordance with 10 CFR 73.5, ``Specific
exemptions.'' The licensee's January 14, 2010, and February 16, 2010,
letters, have certain portions which contain security-related
information and, accordingly, are not available to the public. The
licensee has requested an exemption from the March 31, 2010, compliance
date stating that it must complete a number of significant
modifications to the current site security configuration before all
requirements can be met. Specifically, the request is to extend the
compliance date for three requirements that would be in place by August
31, 2010, versus the March 31, 2010, deadline. Being granted this
exemption for the three requirements would allow the licensee to
complete the modifications designed to update aging equipment and
incorporate state-of-the-art technology to meet or exceed the noted
regulatory requirements. . .

 
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