Friday, July 16, 2010

Environmental Federal Register, Vol. 75, No. 136, July 16, 2010

Federal Register
Vol. 75, No. 136
Friday, July 16, 2010
 
 
There are 7 announcements in this issue
 
    1. HAZ/Nuclear - PR. EPA. Notification of Completeness of the Department of Energy's Compliance Recertification Application for the Waste Isolation Pilot Plant; Notice of determination and close of public comment period
 
    2. TOXICS - ND. EPA. Methyl Parathion; Cancellation Order for Certain Pesticide Registrations
 
    3. TOXICS - ND. EPA. Methyl Parathion; Registration Review Proposed Decision; Notice of Availability
 
    4. CLIMATE, ENERGY - ND. CEQ. Draft Guidance, ``Federal Greenhouse Gas Accounting and Reporting''
 
    5. ENERGY - PR. DOE. Energy Priorities and Allocations System Regulations
 
    6. AGRICULTURE, LAND, WATER - PR. USDA/Farm Service Agency. Emergency Conservation Program
 
    7. HAZ/Nuclear, ENERGY/Nuclear - ND. NRC. Report to Congress on Abnormal Occurrences Fiscal Year 2009; Dissemination of Information
 
   
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: HAZ/Nuclear - PR. EPA. Notification of Completeness of the Department of Energy's Compliance Recertification Application for the Waste Isolation Pilot Plant; Notice of determination and close of public comment period
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Proposed Rules]              
[Page 41421-41424]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 191 and 194

[EPA-HQ-OAR-2009-0330; FRL-9175-6]

Notification of Completeness of the Department of Energy's
Compliance Recertification Application for the Waste Isolation Pilot
Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination and close of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA, ``we'' or ``the
Agency'') has determined that the Department of Energy's (DOE)
Compliance Recertification Application (CRA or ``application'') for the
Waste Isolation Pilot Plant (WIPP) is complete. EPA provided written
notice of the completeness decision to the Secretary of Energy on June
29, 2010. The text of the letter is contained in the SUPPLEMENTARY
INFORMATION. The Agency has determined that the application is
complete, in accordance with 40 CFR part 194, ``Criteria for the
Certification and Recertification of the WIPP's Compliance with the 40
CFR part 191 Disposal Regulations'' (Compliance Certification
Criteria). The completeness determination is an administrative step
that is required by regulation, and it does not imply in any way that
the CRA demonstrates compliance with the Compliance Criteria and/or the
disposal regulations. EPA is now engaged in the full technical review
that will determine if WIPP remains in compliance with the disposal
regulations. As required by the 1992 WIPP Land Withdrawal Act and our
implementing regulations, EPA will make a final recertification
decision within six months of issuing the completeness letter to the
Secretary of Energy.

DATES: EPA opened the public comment period upon receipt of the 2009
CRA (74 FR 28468, June 16, 2009). Comments must be received on or
before August 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0330, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: to a-and-r-docket@epa.gov.
    Fax: 202-566-1741.
    Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
   
FOR FURTHER INFORMATION CONTACT: Ray Lee, Radiation Protection
Division, Center for Radiation Information and Outreach, Mail Code
6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
Washington, DC 20460; telephone number: 202-343-9463; fax number: 202-
343-2305; e-mail address: lee.raymond@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - ND. EPA. Methyl Parathion; Cancellation Order for Certain Pesticide Registrations
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]              
[Page 41482-41483]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8833-9]

Methyl Parathion; Cancellation Order for Certain Pesticide
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
products containing methyl parathion, pursuant to section 6(f)(1) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a April 28, 2010 Federal
Register Notice of Receipt of Requests from the registrants listed in
Table 2 of Unit II. to voluntarily cancel all these product
registrations. These are the last products containing this pesticide
registered for use in the United States. In the April 28, 2010 notice,
EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 30-day comment period that would merit its further review of these
requests, or unless the registrants withdrew their requests. The Agency
received comments on the notice but none merited its further review of
the requests. Further, the registrants did not withdraw their requests.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES:  The cancellations are effective July 16, 2010.

FOR FURTHER INFORMATION CONTACT:  Kelly Ballard, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-8126; fax
number: (703) 305-5290; e-mail address: ballard.kelly@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - ND. EPA. Methyl Parathion; Registration Review Proposed Decision; Notice of Availability
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]              
[Page 41484-41485]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8834-2]

Methyl Parathion; Registration Review Proposed Decision; Notice
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's proposed
registration review decision for the pesticide methyl parathion and
opens a public comment period on the proposed decision. Registration
review is EPA's periodic review of pesticide registrations to ensure
that each pesticide continues to satisfy the statutory standard for
registration, that is, that the pesticide can perform its intended
function without unreasonable adverse effects on human health or the
environment. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before September 14, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0332, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW, Washington, DC 20460-0001.
    Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
  
FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: Kelly Ballard, Chemical Review Manager, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-8126; fax
number: (703) 305-5290; e-mail address: ballard.kelly@epa.gov.
    For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number: (703) 308-8090; e-mail address:
costello.kevin@epa.gov.
 
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ANNOUNCEMENT 4


Subject: CLIMATE, ENERGY - ND. CEQ. Draft Guidance, ``Federal Greenhouse Gas Accounting and Reporting''
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]              
[Page 41452]

COUNCIL ON ENVIRONMENTAL QUALITY

Draft Guidance, ``Federal Greenhouse Gas Accounting and
Reporting''

AGENCY: Council on Environmental Quality.

ACTION: Notice of Availability, Draft Guidance, ``Federal Greenhouse
Gas Accounting and Reporting.''

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

SUMMARY: On October 5, 2009, President Obama signed Executive Order
(E.O.) 13514--Federal Leadership in Environmental, Energy, and Economic
Performance (74 FR 52117) in order to establish an integrated strategy
toward sustainability in the Federal Government and to make reduction
of greenhouse gas (GHG) emissions a priority for Federal agencies.
Among other provisions, E.O. 13514 requires agencies to measure,
report, and reduce their GHG emissions.
    Section 9(a) of E.O. 13514 directed the Department of Energy's
(DOE's) Federal Energy Management Program (FEMP), in coordination with
the Environmental Protection Agency (EPA), Department of Defense (DoD),
General Services Administration (GSA), Department of the Interior
(DOI), Department of Commerce (DOC), and other agencies as appropriate,
to develop recommended Federal GHG reporting and accounting procedures.
On April 5, 2010, DOE-FEMP submitted the final recommendations on
Federal GHG reporting and accounting procedures to the Chair, Council
on Environmental Quality (CEQ).
    Section 5(a) of E.O. 13514 directed that the Chair of CEQ issue
guidance for Federal GHG accounting and reporting. Based on the final
recommendations, CEQ has prepared a draft guidance document. CEQ is
committed to open government principles and leading by example to
ensure that the Federal Government is transparent in its processes for
accounting and reporting of Federal GHG emissions.
    The Federal Government seeks to continually improve both the
quality of data and methods necessary for calculating GHG emissions.
Over time, additional requirements, methodologies and procedures will
be included in revisions to this document and supporting documents to
improve the Federal Government's overall ability to accurately account
for and report GHG emissions. In particular, while a detailed approach
to accepted and peer-reviewed life cycle methodologies is beyond the
scope of the current version of this guidance document, the Federal
Government is interested in including such approaches in future
versions, and may request comment on inclusion of life cycle
methodologies in future versions of this Guidance document.
    CEQ provides this draft guidance for public review and comment to
ensure accessibility of Federal accounting and reporting requirements
and to enhance the quality of public involvement in governmental
decisions relating to the environment.

DATES: Comments should be submitted on or before August 16, 2010.

ADDRESSES: The Draft Guidance, ``Federal Greenhouse Gas Accounting and
Reporting'' documents are available at: http://www.whitehouse.gov/ceq/
sustainability
. Comments on the Draft Guidance, ``Federal Greenhouse
Gas Accounting and Reporting,'' should be submitted electronically to
GHG.guidance@ceq.eop.gov, or in writing to The Council on Environmental
Quality, Attn: Leslie Gillespie-Marthaler, 722 Jackson Place, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Leslie Gillespie-Marthaler, Senior
Program Manager, Office of the Environmental Executive (OFEE) at (202)
456-5117.
 
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ANNOUNCEMENT 5


Subject: ENERGY - PR/ROD. DOE. Energy Priorities and Allocations System Regulations
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Proposed Rules]              
[Page 41405-41421]

DEPARTMENT OF ENERGY

10 CFR Part 217

RIN 1901-AB28

Energy Priorities and Allocations System Regulations

AGENCY: Department of Energy.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would establish standards and procedures by
which the U.S. Department of Energy (DOE) may require that certain
contracts or orders that promote the national defense be given priority
over other contracts or orders. This rule also sets new standards and
procedures by which DOE may allocate materials, services and facilities
to promote the national defense. DOE is publishing this rule to comply
with a requirement of the Defense Production Act Reauthorization of
2009 (Pub. L. 111-67) to publish regulations providing standards and
procedures for prioritization of contracts and orders and for
allocation of materials, services and facilities to promote the
national defense.

DATES: Comments must be received by August 16, 2010.

ADDRESSES: You may submit comments, identified by RIN 1901-AB28, by any
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    By e-mail directly to GC-76EPAS@hq.doe.gov. Include RIN
1901-AB28 in the subject line.
    By mail or delivery to Dr. Kenneth Friedman, Office of
Infrastructure Security and Energy Restoration, U.S. Department of
Energy, Room 1E-256, 1000 Independence, Avenue, SW., Washington, DC
20585.
    Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to Dr. Kenneth Friedman (see ADDRESSES)
and by e-mail to Christine_J._Kymn@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Kenneth Friedman, Office of
Infrastructure Security and Energy Restoration, U.S. Department of
Energy, 1000 Independence Ave., SW., Washington, DC 20585; (202) 536-
0379 (GC-76EPAS@hq.doe.gov). Ms. S. Becca Smith, Office of the General
Counsel (GC-76), U.S. Department of Energy, 1000 Independence Ave.,
SW., Washington, DC 20585; (202) 586-9788 (GC-76EPAS@hq.doe.gov).
 
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ANNOUNCEMENT 6


Subject: AGRICULTURE, LAND, WATER - PR. USDA/Farm Service Agency. Emergency Conservation Program
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Proposed Rules]              
[Page 41389-41392]

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 701

Emergency Conservation Program

AGENCY: Farm Service Agency, USDA.

ACTION: Record of Decision.

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SUMMARY: This document presents the Record of Decision (ROD) regarding
the changes made to the Emergency Conservation Program (ECP). ECP
provides emergency funding to owners, operators, and tenants of farms
and ranches who suffered damage to their certain lands as a result of a
natural disaster. Under the Proposed Action, Farm Service Agency (FSA)
could expand ECP eligibility to other types of farmland, namely land
that is timberland, or is a roadbed on an area of land that is eligible
for ECP, and also farmsteads, feedlots, and grain bins. To implement
the Proposed Action, FSA would develop a proposed rule to expand upon
current regulations to reflect changes to the policy that currently
only extends the ECP to traditional cropland and forage land. Any
proposal to change any rule would be subject to public comment and to
consideration and rejection as the circumstances, further reflection,
and public comments might warrant. In the interim, however, FSA is
inviting comments on the ROD. The ECP Supplemental Environmental Impact
Statement (SEIS) tiers from the Emergency Conservation Programmatic
Environmental Impact Statement completed in 2003 and published in the
Federal Register on March 4, 2004. The SEIS analyzes the impacts of the
Proposed Action on the nation's environmental resources and economy.
The No Action alternative (continuation of current ECP with no
modifications) is also analyzed and to provide an environmental
baseline.

DATES: We will consider comments that we receive by August 16, 2010. We
will consider comments submitted after this date to extent possible.

ADDRESSES: We invite you to submit comments on this ROD and requests
for copies of the Final SEIS (FSEIS) by any of the following methods:
    Mail: Matthew T. Ponish, National Environmental Compliance
Manager, USDA FSA CEPD, Stop 0513, 1400 Independence Ave., SW.,
Washington, DC 20250-0513.
    Hand Delivery or Courier: Deliver comments to the above
address.
    All written comments will be available for public inspection at the
above address during business hours from 8 a.m. to 5 p.m., Monday
through Friday, except holidays. The ECP FSEIS including appendices and
this ROD are available on the FSA Environmental Compliance Web site at:
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd.

FOR FURTHER INFORMATION CONTACT: Matthew T. Ponish, National
Environmental Compliance Manager, phone: (202) 720-6853, or e-mail:
Matthew.Ponish@wdc.usda.gov, or mail: Matthew T. Ponish, USDA FSA CEPD,
Stop 0513, 1400 Independence Ave., SW., Washington, DC 20250-0513. More
detailed information on ECP is available from FSA's Web site: http://
www.fsa.usda.gov/FSA/webapp?area=home&subject=copr&topic=ecp
. The ECP
FSEIS including appendices and this ROD are available on the FSA
Environmental Compliance Web site at: http://www.fsa.usda.gov/FSA/
webapp?area=home&subject=ecrc&topic=nep-cd
. Copies of the FSEIS may be
obtained from Matt Ponish at the above address.

 
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ANNOUNCEMENT 7


Subject: HAZ/Nuclear, ENERGY/Nuclear - ND. NRC. Report to Congress on Abnormal Occurrences Fiscal Year 2009; Dissemination of Information
 
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]              
[Page 41553-41556]

NUCLEAR REGULATORY COMMISSION

[NRC-2010-0238]

Report to Congress on Abnormal Occurrences Fiscal Year 2009;
Dissemination of Information

    Section 208 of the Energy Reorganization Act of 1974 (Pub. L. 93-
438) defines an abnormal occurrence (AO) as an unscheduled incident or
event which the U.S. Nuclear Regulatory Commission (NRC) determines to
be significant from the standpoint of public health or safety. The
Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104-68)
requires that AOs be reported to Congress annually. During Fiscal Year
2009, nine events that occurred at facilities licensed or otherwise
regulated by the NRC and/or Agreement States were determined to be AOs.
The report describes three events at NRC-licensed facilities. All three
NRC-licensee events were medical events, as defined in Title 10, Part
35, of the Code of Federal Regulations (10 CFR part 35). The report
also describes six events at Agreement State-licensed facilities.
[Agreement States are those States that have entered into formal
agreements with the NRC pursuant to Section 274 of the Atomic Energy
Act (AEA) to regulate certain quantities of AEA licensed material at
facilities located within their borders.] Currently, there are 37
Agreement States. The first two Agreement State-licensee events
involved radiation exposure to an embryo/fetus. The other four
Agreement State-licensee events were medical events, as defined in 10
CFR part 35, and occurred at medical institutions. As required by
Section 208, the discussion for each event includes the date and place,
nature and probable consequences, the cause or causes, and the actions
taken to prevent recurrence. Each event is also being described in
NUREG-0090, Vol. 32, ``Report to Congress on Abnormal Occurrences:
Fiscal Year 2009.'' This report is available electronically at the NRC
Web site http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/.
    There are three major categories of events reported in this
document: I. For All Licensees, II. For Commercial Nuclear Power Plant
Licensees, and III. Events at Facilities Other Than Nuclear Power
Plants and All Transportation Events. The full report, available on the
NRC Web site, provides the specific criteria for determining when an
event is an abnormal occurrence (AO) and discusses ``Other Events of
Interest'' that do not meet the AO criteria but which the Commission
has determined should be included in the report. The event
identification number begins with ``AS'' for Agreement State AO events
and ``NRC'' for NRC AO events.

 
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