Tuesday, November 4, 2008

Environmental Federal Register, Vol. 73, No. 214, November 4, 2008

Federal Register
Vol. 73, No. 214
Tuesday, November 4, 2008
 
 
There are 6 announcements in this issue
 
    1. AIR - FR. EPA. Stay of the Effectiveness of Requirements for Air Emission
Testing Bodies
 
    2. ALL - NM. EPA. EPA-Venture Capital Community Summit: Exploring Programs to Commercialize Environmental Technology
 
    3. ENERGY/Biofuels - NM. DOE. Biomass Research and Development Technical Advisory Committee
 
    4. ENERGY - NM. DOE. Basic Energy Sciences Advisory Committee
 
    5. LAND - FR. USDA/Forest Service. Sale and Disposal of National Forest Service System Timber; Timber Sale Contracts; Market-Related Contract Term Additions
 
    6. ENERGY - ND. DOS. Receipt of Application for a Permit for Pipeline Facilities To Be Constructed and Maintained on the Borders of the United States; TransCanada Keystone Pipeline
 
  
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. Stay of the Effectiveness of Requirements for Air Emission
Testing Bodies
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]              
[Page 65554-65556]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 75

[EPA-HQ-OAR-2008-0800; FRL-8737-5]
RIN 2060-AP39

Stay of the Effectiveness of Requirements for Air Emission
Testing Bodies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to stay the effectiveness of
requirements for air emission testing bodies.
    On January 24, 2008, final amendments to regulations on competency
requirements for air emission testing bodies (AETBs) were published in
the Federal Register. The AETB provision generally requires stack
testers and stack testing companies to meet certain minimum competency
requirements described in ASTM D 7036 by January 1, 2009.
    On March 25, 2008, the Utility Air Regulatory Group (UARG) filed a
Petition for Review primarily claiming that EPA could not by the AETB
requirement hold utilities responsible for something they cannot
control. While EPA is considering revisions to the requirements to
address UARG's concerns, it cannot propose and complete any such
revision through notice and comment rulemaking before the compliance
date contained in the existing rule, thus necessitating this action.
EPA needs to complete this action staying effectiveness of the AETB
requirements in order to secure an extension of an Order Granting
Abeyance of Further Proceedings which expires on October 29, 2008, when
the Agency must file Motions to Govern Further Proceedings.

DATES: Effective on November 4, 2008, in Appendix A to 40 CFR Part 75,
the effectiveness of Section 6.1.2(a) through (c) is stayed
indefinitely.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0800. All documents in the docket are listed in the
Federal Docket Management System index at http://www.regulations.gov.
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, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. 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 and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: John Schakenbach, U.S. Environmental
Protection Agency, Clean Air Markets Division, MC 6204J, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone
(202) 343-9158, e-mail at schakenbach.john@epa.gov. Electronic copies
of this document can be accessed through the EPA Web site at: http://
epa.gov/airmarkets
.
 
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ANNOUNCEMENT 2


Subject: ALL - NM. EPA. EPA-Venture Capital Community Summit: Exploring Programs to Commercialize Environmental Technology
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]              
[Page 65603]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8737-6]

EPA-Venture Capital Community Summit: Exploring Programs to
Commercialize Environmental Technology

AGENCY: Environmental Protection Agency.

ACTION: Notice of meeting.

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SUMMARY: The Environmental Protection Agency (EPA) will hold an EPA-
Venture Capital Community Summit: Exploring Programs to Commercialize
Environmental Technology to follow up the National Advisory Council for
Environmental Policy and Technology (NACEPT) report on ``EPA and the
Venture Capital Community: Building Bridges to Commercialize
Technology'' (April 2008). The report recommends that EPA create
programs, similar to those of the U.S. Department of Energy, to provide
financial support (e.g., loan guarantees, grants, revolving loan funds)
to encourage venture capital investment in environmental technology
commercialization. The Summit will bring together senior career EPA
managers (Deputy Assistant Administrators and Deputy Regional
Administrators) with senior venture capitalists who were part of the
NACEPT Venture Capital Study. A report will be produced from the Summit
that will be a companion to the NACEPT Venture Capital Report; both
will be given to the next Administration, the venture capital
community, technology developers, state and local governments,
Congressional members and staff, academia, and members of the public.
The Summit will be open to the public.

DATES: The Summit will be held on November 12, 2008, beginning at 10
a.m. and adjourning at 4:30 p.m. Registration is at 9:30 a.m. Times
noted are Eastern Time.

ADDRESSES: The meeting will be held at the Ronald Reagan Building and
International Trade Center, 1300 Pennsylvania Avenue, NW., Washington,
DC, in the International Gateway Room on the Mezzanine.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: ENERGY/Biofuels - NM. DOE. Biomass Research and Development Technical Advisory Committee
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]              
[Page 65590]

DEPARTMENT OF ENERGY

Biomass Research and Development Technical Advisory Committee

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

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces an open meeting of the Biomass Research
and Development Technical Advisory Committee under the Biomass Research
and Development Act of 2000. The Federal Advisory Committee Act (Pub.
L. 92-463, 86 Stat. 770) requires that agencies publish these notices
in the Federal Register to allow for public participation.

DATES: December 2, 2008 at 12:45 p.m. to 5 p.m., December 3, 2008 at 8
a.m. to 12:30 p.m.

ADDRESSES: DoubleTree Hotel--Directors Room, 1515 Rhode Island Avenue,
NW., Washington, DC 20005-5595.

FOR FURTHER INFORMATION CONTACT: Valri Lightner, Designated Federal
Official for the Committee, Office of Energy Efficiency and Renewable
Energy, U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585; (202) 586-0937 or Carolyn Clark at (202) 586-
8077; E-mail: cclark@bcs-hq.com.
 
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ANNOUNCEMENT 4


Subject: ENERGY - NM. DOE. Basic Energy Sciences Advisory Committee
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]              
[Page 65589-65590]

DEPARTMENT OF ENERGY

Basic Energy Sciences Advisory Committee

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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SUMMARY: This notice announces a meeting of the Basic Energy Sciences
Advisory Committee (BESAC). Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770) requires that public notice of these meetings be
announced in the Federal Register.

DATES: Thursday, November 20, 2008, 1 p.m. to 5 p.m., and Friday,
November 21, 2008, 8:30 a.m. to 5 p.m.

ADDRESSES: Hilton Washington DC North/Gaithersburg; 620 Perry Parkway,
Gaithersburg, MD 20877; 301-977-8900.

FOR FURTHER INFORMATION CONTACT: Karen Talamini; Office of Basic Energy
Sciences; U. S. Department of Energy; Germantown Building, Independence
Avenue, Washington, DC 20585; Telephone: (301) 903-4563.

 
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ANNOUNCEMENT 5


Subject: LAND - FR. USDA/Forest Service. Sale and Disposal of National Forest Service System Timber; Timber Sale Contracts; Market-Related Contract Term Additions
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]              
[Page 65546-65552]

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

RIN 0596-AC79

Sale and Disposal of National Forest Service System Timber;
Timber Sale Contracts; Market-Related Contract Term Additions

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The original Market-Related Contract Term Addition (MRCTA)
regulation was adopted in 1990 to provide financial relief to timber
sale purchasers during cyclic downturns in forest products markets.
However, the current drastic reduction in Forest Product markets, which
began in late 2004, revealed several problems with the existing MRCTA
regulation. Therefore, this final rule is needed to help ensure that
the MRCTA regulation functions as originally intended.
    This final rule makes four changes to the MRCTA regulation. First,
the regulation now allows more than 3 years to be added to a contract's
term pursuant to MRCTA when there is a drastic reduction in wood
product prices that lasts for more than 10 out of 12 consecutive
quarters. Second, the regulation now gives contracting officers the
flexibility needed to assign the most appropriate Bureau of Labor
Statistics Producer Price Index (PPI) to a timber sale contract. Third,
the regulation now prevents any single 3-month MRCTA from extending a
contract's term by more than 1 year. Finally, the regulation now
explicitly states what types of sales are ineligible for any MRCTA
relief.

DATES: This rule is effective December 4, 2008.

FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management
staff, at (202) 205-0858, or Richard Fitzgerald, Forest Management
staff, at (202) 205-1753.
    Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: ENERGY - ND. DOS. Receipt of Application for a Permit for Pipeline Facilities To Be Constructed and Maintained on the Borders of the United States; TransCanada Keystone Pipeline
 
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]              
[Page 65713]

DEPARTMENT OF STATE

[Public Notice 6422]

Receipt of Application for a Permit for Pipeline Facilities To Be
Constructed and Maintained on the Borders of the United States

    The Department of State has received an application from
TransCanada Keystone Pipeline, L.P. (``Keystone''), for a Presidential
permit, pursuant to Executive Order 13337 of April 30, 2004, to
construct, connect, operate, and maintain the Keystone XL Pipeline
Project at the U.S.-Canadian border at Phillips County, Montana, for
the purpose of transporting Canadian crude oil production from the
Western Canadian Sedimentary Basin (``WCSB'') to existing terminals in
the Texas Gulf Coast area.
    Keystone is a limited liability company, organized under the laws
of the State of Delaware, and owned equally by affiliates of
TransCanada Corporation, a Canadian public company organized under the
laws of Canada, and ConocoPhillips Company, a Delaware corporation.
Keystone's primary business address is 450 1st Street, SW., Calgary,
Alberta, Canada T2P 5H1. Although Keystone is seeking a permit for
solely that portion of the pipeline crossing the international border
(up to the first pipeline isolation valve to be located in the United
States approximately 1.2 miles from the United States-Canada border),
the length of the proposed new pipeline would consist in the U.S. of
1,375 miles of 36-inch diameter pipeline installed in three segments:
The 850 mile-long ``Steele City'' segment from the U.S. border to
Steele City, Nebraska; the 478 mile-long ``Gulf Coast'' segment from
Cushing, Oklahoma to Nederland, Texas; and the 47 mile-long ``Houston
Lateral'' segment from Liberty County, Texas to the Moore Junction area
in Harris County, Texas. In Canada, 327 miles of 36-inch pipeline will
be constructed from Hardisty, Alberta to Monchy, Saskatchewan where it
will cross the U.S.-Canadian border into Phillips County, Montana.
    As required by E.O. 13337, the Department of State is circulating
this application to concerned federal agencies for comment. The
Department anticipates that additional information concerning the
Keystone XL Pipeline Project will be developed during the course of
processing the permit application.

DATES: Interested parties are invited to submit, in duplicate, comments
relative to this proposal on or before December 4, 2008 to J. Brian
Duggan, Room 4843, Office of International Energy and Commodity Policy,
Department of State, Washington, DC 20520. The application and related
documents that are part of the record to be considered by the
Department of State in connection with this application are available
for inspection in the Office of International Energy and Commodity
Policy during normal business hours.

FOR FURTHER INFORMATION CONTACT: J. Brian Duggan, Office of
International Energy and Commodity Policy, Department of State,
Washington, DC 20520, telephone 202-647-1291, facsimile 202-647-8758,
e-mail DugganJB@state.gov.

 
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