Monday, April 5, 2010

Environmental Federal Register, Vol. 75, No. 64, April 5, 2010

 
Federal Register
Vol. 75, No. 64
Monday, April 5, 2010
 
There are 6 announcements in this issue
 
    1. AIR - FR. EPA. Revisions to the General Conformity Regulations
 
    2. ENERGY/Efficiency - FR/Tech. Corrrection. DOE. Energy Conservation Program: Energy Conservation Standards for Small Electric Motors; Correction
 
    3. ENERGY/Efficiency - PR. DOE. Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers; Supplemental notice of proposed rulemaking and solicitation of comments
 
    4. ENERGY/Efficiency - NM/ND. DOE. Energy Conservation Standards for Walk-in Coolers and Walk-in Freezers: Public Meeting and Availability of the Preliminary Technical Support Document
 
    5. TOXICS - ND. DHHS/FDA. Food Additives; Bisphenol A; Availability
 
    6. HAZ - ANPR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials Regulations: Combustible Liquids
   
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. EPA. Revisions to the General Conformity Regulations
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]              
[Page 17253-17279]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[EPA-HQ-OAR-2006-0669; FRL-9131-7]
RIN 2060-AH93

Revisions to the General Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is revising its regulations relating to the Clean Air
Act (CAA) requirement that Federal actions conform to the appropriate
State, tribal or Federal implementation plan (SIP, TIP, or FIP) for
attaining clean air (``General Conformity''). EPA and other Federal
agencies have gained experience with the implementation of the existing
regulations, which were promulgated in 1993 (and underwent minor
revisions in 2006), and have identified several issues with their
implementation. In addition, in 2004, EPA issued regulations to
implement the revised ozone national ambient air quality standards
(NAAQS) and in 2007 issued regulations to implement the new fine
particulate matter standard. State and other air quality agencies are
in the process of developing revised plans to attain the new standards
and the revisions to the General Conformity Regulations will be helpful
to the State, Tribe, and local agencies in developing, and Federal
agencies in commenting, on the proposed SIPs revisions. This rule
revision will also facilitate Federal agency compliance with conforming
its activities to the SIPs thereby preventing violations of the NAAQS.
This rule revision provides for a timely and effective process for
Federal agencies and States and Tribes to ensure Federal activities are
incorporated in these SIPs. Where that is not possible, it provides an
efficient and effective process for Federal agencies to ensure their
actions do not cause or contribute to a violation of the NAAQS or
interfere with the purpose of a SIP, TIP or FIP to attain or maintain
the NAAQS.

DATES: This action is effective on July 6, 2010.

ADDRESSES: EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2006-0669. 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., 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. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at
the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution
Avenue, Northwest, 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 EPA Docket Center is (202)
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-02, Research Triangle Park, NC 27711, phone number (919) 541-3037
or by e-mail at coda.tom@epa.gov or Mr. H. Lynn Dail, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919)
541-2363 or by e-mail at dail.lynn@epa.gov.
 
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ANNOUNCEMENT 2


Subject: ENERGY/Efficiency - FR/Tech. Corrrection. DOE. Energy Conservation Program: Energy Conservation Standards for Small Electric Motors; Correction
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]              
[Page 17036-17037]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2007-BT-STD-0007]
RIN 1904-AB70

Energy Conservation Program: Energy Conservation Standards for
Small Electric Motors; Correction

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

ACTION: Final rule; technical correction.

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SUMMARY: This document contains a technical correction to the final
rule regarding the energy conservation standards for small electric
motors, which was published on March 9, 2010. In that final rule, the
U.S. Department of Energy (DOE) adopted regulations to establish energy
conservation standards for small electric motors. Due to a drafting
error, an incorrect compliance date for this equipment was
inadvertently inserted into the regulation. This correction notice
addresses the error.

DATES: This technical correction is effective April 8, 2010.

FOR FURTHER INFORMATION CONTACT:

James Raba, 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) 586-8654. E-
mail: Jim.Raba@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.
>>
 
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ANNOUNCEMENT 3


Subject: ENERGY/Efficiency - PR. DOE. Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers; Supplemental notice of proposed rulemaking and solicitation of comments
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]              
[Page 17075-17078]

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0020]
RIN 1904-AB89

Energy Conservation Program for Consumer Products: Test
Procedures for Residential Furnaces and Boilers

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

ACTION: Supplemental notice of proposed rulemaking and solicitation of
comments.

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

SUMMARY: In order to implement recent amendments to the Energy Policy
and Conservation Act (EPCA) by the Energy Independence and Security Act
of 2007 (EISA 2007), the U.S. Department of Energy (DOE) proposed
amendments to its test procedures for residential furnaces and boilers
to provide for measurement and incorporation of standby mode and off
mode energy consumption. A public meeting on the proposed rule was held
on August 18, 2009. This supplemental notice of proposed rulemaking
(SNOPR) proposes an integrated efficiency descriptor that incorporates
standby mode and off mode energy consumption into the statutorily
identified efficiency descriptor, Annual Fuel Utilization Efficiency
(AFUE).

DATES: DOE will accept comments, data, and information regarding the
notice of proposed rulemaking (NOPR) no later than April 20, 2010. For
details, see section V, ``Public Participation,'' of this NOPR.

ADDRESSES: Any comments submitted must identify the SNOPR on Test
Procedures for Residential Furnaces and Boilers, and provide the docket
number EERE-2008-BT-TP-0020 and/or regulatory information number (RIN)
1904-AB89. Comments may be submitted using any of the following
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
    2. E-mail: RFB-2008-TP-0020@ee.doe.gov. Include docket number EERE-
2008-BT-TP-0020 and/or RIN 1904-AB89 in the subject line of the
message.
    3. 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.
    4. 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, Resource Room
of the Building Technologies Program, 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 the above telephone number for additional information about
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT:

Mr. Mohammed Khan, 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) 586-7892. E-mail: Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.
    For information on how to submit or review public comments, 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 4


Subject: ENERGY/Efficiency - NM/ND. DOE. Energy Conservation Standards for Walk-in Coolers and Walk-in Freezers: Public Meeting and Availability of the Preliminary Technical Support Document
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]              
[Page 17080-17083]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-STD-0012]
RIN 1904-AB86

Energy Conservation Standards for Walk-in Coolers and Walk-in
Freezers: Public Meeting and Availability of the Preliminary Technical
Support Document

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

ACTION: Notice of public meeting and availability of preliminary
technical support document.

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

SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on: The equipment classes that DOE
plans to analyze for establishing energy conservation standards for
walk-in coolers and walk-in freezers; the analytical framework, models,
and tools that DOE is using to evaluate standards for this equipment;
the results of preliminary analyses performed by DOE for this
equipment; and the potential energy conservation standard levels
derived from these analyses that DOE could consider for this equipment.
In addition, DOE encourages written comments on these subjects. To
inform interested parties and facilitate this process, DOE has prepared
an agenda, a preliminary technical support document (preliminary TSD),
and briefing materials, which are available at: http://
www1.eere.energy.gov/buildings/appliance_standards/commercial/
wicf.html
.

DATES: DOE will hold a public meeting on Friday, May 14, 2010, from 9
a.m. to 5 p.m. in Washington, DC. Any person requesting to speak at the
public meeting should submit such request, along with an electronic
copy of the statement to be given at the public meeting, before 4 p.m.,
Friday, April 30, 2010. Written comments are welcome, especially
following the public meeting, and should be submitted by May 20, 2010.

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. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, 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. Interested persons may submit
comments, identified by docket number EERE-2008-BT-STD-0012, by any of
the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov
Follow the instructions for submitting comments.
    E-mail: Brenda.Edwards@ee.doe.gov; Include EERE-2008-BT-
STD-0012 in the subject line of the message.
    Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Public Meeting
for Walk-in Coolers and Walk-in Freezers, EERE-2008-BT-STD-0012, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone (202)
586-2945. Please submit one signed paper original.
    Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone (202) 586-2945. Please
submit one signed paper original.
    Instructions: All submissions received must include the agency name
and docket number.
    Docket: For access to the docket to read background documents or a
copy of the transcript of the public meeting or comments received, go
to the U.S. Department of Energy, Sixth 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.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information to Mr. Charles Llenza, U.S. Department of Energy, Office of
Energy Efficiency and Renewable Energy, Building Technologies, EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
2192. E-mail: Charles.Llenza@ee.doe.gov. In the Office of General
Counsel, contact Mr. Michael Kido, U.S. Department of Energy, Office of
General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC
20585, (202) 586-8145. E-mail: Michael.Kido@hq.doe.gov.

 
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ANNOUNCEMENT 5


Subject: TOXICS - ND. DHHS/FDA. Food Additives; Bisphenol A; Availability
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]              
[Page 17145-17147]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0100]

Food Additives; Bisphenol A; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comment.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of five documents related to FDA's continuing assessment
of Bisphenol A (BPA) and soliciting public comments on the four
documents prepared by FDA's Center for Food Safety and Applied
Nutrition (CFSAN). These documents do not represent an agency opinion
or position on BPA, on which an interim update was recently provided.
(See http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm).
Rather, these documents provide perspectives and opinions that are
being considered by FDA as it continues its safety assessment of BPA.
This action will enable FDA to consider comments from the public in its
assessment of BPA for food contact applications.

DATES: Submit written or electronic information and comments by June 4,
2010.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Francis Lin, Center for Food Safety
and Applied Nutrition (HFS-275), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1215.
 
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ANNOUNCEMENT 6


Subject: HAZ - ANPR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials Regulations: Combustible Liquids
 
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]              
[Page 17111-17119]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, and 176

[Docket No. PHMSA-2009-0241 (HM-242)
RIN 2137-AE52

Hazardous Materials Regulations: Combustible Liquids

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: PHMSA is considering amendments to the Hazardous Materials
Regulations (HMR) as they apply to the transportation of combustible
liquids. Specifically, we are considering whether to harmonize the
domestic regulations applicable to the transportation of combustible
liquids with international transportation standards. In addition, we
are examining ways to revise, clarify, or relax certain regulatory
requirements to facilitate the transportation of these materials while
maintaining an adequate level of safety. The intent of this ANPRM is to
invite public comments on how to accomplish these goals, provide an
opportunity for comment on amendments PHMSA is considering, and present
a forum for the public to offer additional recommendations for the safe
transportation of combustible liquids.

DATES: Comments must be received by July 6, 2010. To the extent
possible, we will consider late-filed comments as we consider the next
action. You may submit comments by any of the following methods:
    Web Site: http://dms/dot/gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
    Fax: 1-202-493-2251.
    Mail: Docket Management System; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
    Hand Delivery: To the Docket Management System; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except
Federal holidays.
    Instructions: You must include the agency name and docket number
PHMSA-2009-0241 (HM-242) or the Regulatory Identification Number (RIN)
2137-AE52 for this notice at the beginning of your comment. Note that
all comments received will be posted without change to http://
dms.dot.gov
including any personal information provided. Persons
wishing to receive confirmation of receipt of their comments must
include a self-addressed stamped postcard or access our Web site at
http://dms.dot.gov.
    Docket: For access to the docket to read background documents and
comments received, go to http://dms.dot.gov at any time or to U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, Office of Hazardous
Materials Standards, telephone (202) 366-8553, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
1200 New Jersey Avenue, SE., East Building, 2nd Floor, PHH-10,
Washington, DC 20590-0001.

 
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