Monday, October 18, 2010

Environmental Federal Register, Vol. 75, No. 200, October 18, 2010

Federal Register
Vol. 75, No. 200
Monday, October 18, 2010
 
There are 6 announcements in this issue
 
    1. TOXICS - ND. EPA. Integrated Risk Information System (IRIS); Request for Chemical Substance Nominations for 2011 Program
 
    2. ENERGY/Biofuels - FR. USDA/Office of Energy Policy and New Uses. Designation of Biobased Items for Federal Procurement
 
    3. ALL - FR. CEQ. Final Guidance, ``Federal Greenhouse Gas Accounting and
Reporting''
 
    4. ENERGY/Nuclear - PR/Petition. NRC. Nuclear Energy Institute; Consideration of Petition in the Rulemaking Process
 
    5. MI/ENERGY/Nuclear - ND. NRC. DTE Energy; Enrico Fermi Atomic Power Plant Unit 1, Exemption From Certain Security Requirements
 
    6. HAZ, TRANSPORT - ANPR. DOT/Pipeline and Hazardous Materials Safety Administration. Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines
        

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: TOXICS - ND. EPA. Integrated Risk Information System (IRIS); Request for Chemical Substance Nominations for 2011 Program
 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]              
[Page 63827-63830]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9214-5; Docket ID No. EPA-HQ-ORD-2010-0744]

Integrated Risk Information System (IRIS); Request for Chemical
Substance Nominations for 2011 Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for chemical substance nominations for the IRIS 2011
Program.

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

SUMMARY: EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to specific chemical substances found in the
environment. EPA is soliciting public nominations for chemical
substances for its 2011 agenda. EPA invites the public to submit
nominations for substances to be considered for an assessment or
reassessment in its IRIS Program in accordance with the instructions
provided at the end of this notice.

DATES: Nominations must be submitted within 60 days of the publication
of this notice. The 60-day period begins October 18, 2010, and ends
December 17, 2010.
ADDRESSES: Nominations may be submitted electronically via http://
www.regulations.gov
, by e-mail, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the IRIS Program,
contact Abdel Kadry, PhD, Program Director, National Center for
Environmental Assessment (mail code 8601PY), Office of Research and
Development, U.S. Environmental Protection Agency, Washington, DC
20460; or send electronic mail inquiries to: FRNquestions@epa.gov. For
general questions about access to IRIS or the content of IRIS, please
call the IRIS Hotline at (202) 566-1676 or send electronic mail
inquiries to hotline.iris@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 2


Subject: ENERGY/Biofuels - FR. USDA/Office of Energy Policy and New Uses. Designation of Biobased Items for Federal Procurement
 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Rules and Regulations]              
[Page 63695-63703]

DEPARTMENT OF AGRICULTURE

Office of Energy Policy and New Uses

7 CFR Part 2902

RIN 0503-AA34

Designation of Biobased Items for Federal Procurement

AGENCY: Departmental Management, USDA.

ACTION: Final rule.

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

SUMMARY: The United States Department of Agriculture (USDA) is amending
the Guidelines for Designating Biobased Products for Federal
Procurement, to add eight sections to designate items within which
biobased products will be afforded Federal procurement preference, as
provided for under section 9002 of the Farm Security and Rural
Investment Act of 2002, as amended by the Food, Conservation, and
Energy Act of 2008 (referred to in this document as ``section 9002'').
USDA is also establishing minimum biobased contents for each of these
items.

DATES: This rule is effective November 17, 2010.

FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of
Procurement and Property Management, Room 361, Reporters Building, 300
7th St., SW., Washington, DC 20024; e-mail: biopreferred@usda.gov;
phone (202) 205-4008. Information regarding the preferred procurement
program (one part of the BioPreferred Program) is available on the
Internet at http://www.biopreferred.gov.

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

ANNOUNCEMENT 3


Subject: ALL - FR. CEQ. Final Guidance, ``Federal Greenhouse Gas Accounting and
Reporting''

 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]              
[Page 63823]

COUNCIL ON ENVIRONMENTAL QUALITY

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

AGENCY: Council on Environmental Quality.

ACTION: Notice of availability of Final Guidance.

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

SUMMARY: On October 5, 2009, President Obama signed Executive Order
13514 (``Executive Order'' or ``E.O. 13514''), entitled ``Federal
Leadership in Environmental, Energy, and Economic Performance.'' 74 FR
52117, Oct. 8, 2009. The purpose of the Executive Order is 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. It also requires
the Chair of the Council on Environmental Quality (CEQ) to issue
guidance establishing government-wide requirements for Federal agencies
in calculating and reporting GHG emissions associated with agency
operations. This Final Guidance, ``Federal Greenhouse Gas Accounting
and Reporting,'' is available as of October 6, 2010 at: http://
www.whitehouse.gov/administration/eop/ceq/sustainability/fed-ghg
.

DATES: The Final Guidance, ``Federal Greenhouse Gas Accounting and
Reporting'' is available as of October 6, 2010.

ADDRESSES: The Final Guidance, ``Federal Greenhouse Gas Accounting and
Reporting'' documents are available at: http://www.whitehouse.gov/
administration/eop/ceq/sustainability/fed-ghg
.

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

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

ANNOUNCEMENT 4


Subject: ENERGY/Nuclear - PR/Petition. NRC. Nuclear Energy Institute; Consideration of Petition in the Rulemaking Process

 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Proposed Rules]              
[Page 63725-63727]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

[Docket No. PRM-70-8; NRC-2009-0184]

Nuclear Energy Institute; Consideration of Petition in the
Rulemaking Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking: Resolution and closure of petition
docket.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will consider
five of the issues raised in a petition submitted by the Nuclear Energy
Institute (NEI), and is denying the remaining four issues of the
petition. The petition requests the NRC amend its regulations to
clarify existing event reporting requirements based on experience
gained since the requirements were revised.

DATES: The docket for the petition for rulemaking PRM-70-8 is closed on
October 18, 2010.

ADDRESSES: Further NRC action on the issues raised by this petition
will be accessible at the Federal rulemaking portal, http://
www.Regulations.gov
, by searching on rulemaking docket ID NRC-2010-
0271. The NRC also tracks all rulemaking actions in the ``NRC
Regulatory Agenda: Semiannual Report NUREG-0936.''
    You can access publically available documents related to this
petition for rulemaking using the following methods:
    Federal Rulemaking Web Site: Go to http://www.Regulations.gov and
search for documents filed under the following rulemaking docket ID:
NRC-2009-0184.
    NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's Public
Document Room, Room O-1F21, 11555 Rockville Pike, Rockville, MD.
    NRC's Agencywide Document 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/NRC/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
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas Young, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
5795, e-mail: thomas.young@nrc.gov.

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

ANNOUNCEMENT 5


Subject: MI/ENERGY/Nuclear - ND. NRC. DTE Energy; Enrico Fermi Atomic Power Plant Unit 1, Exemption From Certain Security Requirements

 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]              
[Page 63867-63868]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-16; NRC-2010-0328

DTE Energy; Enrico Fermi Atomic Power Plant Unit 1, Exemption
From Certain Security Requirements

1.0 Background

    DTE Energy (DTE) is the licensee and holder of Facility Operating
License No. DPR-9 issued for Enrico Fermi Atomic Power Plant, Unit 1
(Fermi 1), located in Monroe County, Michigan. Fermi 1 is a permanently
shutdown nuclear reactor facility. The license provides, among other
things, that the licensee is subject to the rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC or the
Commission) now or hereafter in effect.
    Fermi 1 was a fast breeder reactor power plant cooled by sodium and
operated at essentially atmospheric pressure. In November 1972, the
Power Reactor Development Company (PRDC), the licensee at that time,
made the decision to decommission Fermi 1. The fuel and blanket
subassemblies were shipped offsite in 1973. Most of the decommissioning
of the Fermi 1 plant was completed in December 1975. The facility is
permanently shut down and defueled and the licensee is no longer
authorized to operate or place fuel in the reactor. The license for
Fermi 1 expires in 2025.
    Fuel for the Fermi 1 reactor was assigned to the project under an
Atomic Energy Commission (AEC) lease agreement. At the time of
decommissioning, consistent with the lease agreement, the AEC agreed to
accept the fuel from Fermi 1 at its Savannah River Project (SRP)
facility. The first shipment of fuel from the site was made on February
6, 1973. On May 15, 1973, the last shipment of fuel arrived at the SRP.
Disposal of all the blanket subassemblies, which contained special
nuclear material (SNM), was accomplished by shipment to the Idaho
Chemical Processing Plant. A letter dated November 6, 1975, from the
PRDC, documented the completed removal from the site of the fuel and
blanket material containing SNM.
    By letter dated November 26, 1996, the licensee requested that the
NRC clarify the applicability of certain recently revised NRC
regulations to Fermi 1, including 10 CFR 50.54(p), which addresses the
safeguards contingency plan. In the NRC's response, dated June 25,
1997, the staff determined that the physical protection for Fermi 1 was
adequate without the safeguards contingency plan based on the prior
removal of the SNM from the Fermi 1 site and the non-operational status
of the facility, but the NRC did not specifically grant an exemption
from 10 CFR 50.54(p).
    Fermi 1 is currently licensed to possess not more than 15 grams of
uranium-235, uranium-233 or plutonium, or any combination thereof, with
plutonium activity totaling no more than 2 curies. The licensee is
permitted to possess this nominal quantity of SNM due to material that
may remain in plant systems or be associated with radioactive apparatus
or equipment. The 15 gram and 2 curie limit was considered a minimal
quantity and was below the criteria requiring emergency planning,
criticality monitoring, or material status reports per 10 CFR Part 70
and 10 CFR Part 74. . .
4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), an exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security based on the continued maintenance of appropriate
security requirements for the SNM. Additionally, special circumstances
are present based on the removal of the spent nuclear fuel and blanket
material from the 10 CFR Part 50 licensed site. Therefore, the
Commission hereby grants DTE an exemption from the requirements of 10
CFR 50.54(p) at Fermi 1.
    Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, an exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest based on the security requirements for the spent fuel
and blanket material containing SNM no longer being the responsibility
of the licensee. Therefore, the Commission hereby grants DTE an
exemption from the physical protection requirements of 10 CFR Part 73
at Fermi 1.
    The Commission has determined that this licensing action meets the
categorical exclusion provision in 10 CFR 51.22(c)(25), as this action
is an exemption from the requirements of the commission's regulations
and (i) there is no significant hazards consideration; (ii) there is no
significant change in the types or significant increase in the amounts
of any effluents that may be released offsite; (iii) there is no
significant increase in individual or cumulative public or occupational
radiation exposure; (iv) there is no significant construction impact;
(iv) there is no significant increase in the potential for or
consequences from radiological accidents; and (v) the requirements from
which an exemption is sought involve safeguard plans. Therefore, this
action does not require either an environmental assessment or an
environmental impact statement.
    These exemptions are effective immediately.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: HAZ, TRANSPORT - ANPR. DOT/Pipeline and Hazardous Materials Safety Administration. Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines
 
[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Proposed Rules]              
[Page 63774-63780]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 195

[Docket No. PHMSA-2010-0229]
RIN 2137-AE66

Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines

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

ACTION: Advance notice of proposed rulemaking (ANPRM).

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

SUMMARY: PHMSA is considering whether changes are needed to the
regulations covering hazardous liquid onshore pipelines. In particular,
PHMSA is seeking comment on whether it should extend regulation to
certain pipelines currently exempt from regulation; whether other areas
along a pipeline should either be identified for extra protection or be
included as additional high consequence areas (HCAs) for Integrity
management (IM) protection; whether to establish and/or adopt standards
and procedures for minimum leak detection requirements for all
pipelines; whether to require the installation of emergency flow
restricting devices (EFRDs) in certain areas; whether revised valve
spacing requirements are needed on new construction or existing
pipelines; whether repair timeframes should be specified for pipeline
segments in areas outside the HCAs that are assessed as part of the IM;
and whether to establish and/or adopt standards and procedures for
improving the methods of preventing, detecting, assessing and
remediating stress corrosion cracking (SCC) in hazardous liquid
pipeline systems. Comments should address the public safety and
environmental aspects of new requirements, as well as the cost
implications and regulatory burden.

DATES: Persons interested in submitting written comments on this ANPRM
must do so by January 18, 2011. PHMSA will consider late filed comments
so far as practicable.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2010-0229 by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Hand Delivery: U.S. DOT Docket Management System,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: If you submit your comments by mail, submit two
copies. To receive confirmation that PHMSA received your comments,
include a self-addressed stamped postcard.

    Note:  Comments are posted without changes or edits to http://
www.regulations.gov
, including any personal information provided.
There is a privacy statement published on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mike Israni, by telephone at 202-366-
4571, by fax at 202-366-4566, or by mail at U.S. DOT, PHMSA, 1200 New
Jersey Avenue, SE., PHP-10, Washington, DC 20590-0001.

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