Saturday, December 20, 2008

Environmental Federal Register, Vol. 73, No. 245, December 19, 2008

Readers & Subscribers: Please see the Readers Note in the right column. We are still hoping to identify corporate sponsors to help in continuing this public service. We will display your company banner ad for a modest contribution. If you are interested or have suggestions, please contact us at: info@ecobizport.com.
 
 
Federal Register
Vol. 73, No. 245
Friday, December 19, 2008
 
 
There are 12 announcements in this issue
 
    1. HAZ, AIR - FR. EPA. Expansion of RCRA Comparable Fuel Exclusion
 
    2. AIR, TOXICS - FR/Commecting Amendment. National Ambient Air Quality Standards for Lead
 
    3. AIR - FR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
 
    4. AIR - ND. EPA. Draft Integrated Science Assessment for Particulate Matter
 
    5. ALL - ND. EPA. National Advisory Council for Environmental Policy and Technology; Request for Nominations
 
    6. TOXICS - ND. EPA. Carbofuran; Notice of Receipt of Request to Voluntarily Cancel Carbofuran Pesticide Registrations
 
    7. TOXICS - ND. EPA. Registration Review; 2-((hydroxymethyl)-amino)ethanol Docket Opened for Review and Comment
 
    8. TOXICS - ND. EPA. Registration Review; 3H-1,2-Dithiol-3-one, 4,5-dichloro Docket Opened for Review and Comment
 
    9. HAZ/Nuclear - ROD. DOE. Record of Decision for the Complex Transformation Supplemental Programmatic Environmental Impact Statement--Operations Involving Plutonium, Uranium, and the Assembly and Disassembly of Nuclear Weapons
 
  10. NUCLEAR - ROD. DOE. Record of Decision for the Complex Transformation Supplemental Programmatic Environmental Impact Statement--Tritium Research and Development, Flight Test Operations, and Major Environmental Test Facilities
 
  11. TOXICS - FR. CPSC. Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint
 
  12. TRANSPORT - NM. DOT. National Surface Transportation Infrastructure Financing Commission
 
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, AIR - FR. EPA. Expansion of RCRA Comparable Fuel Exclusion
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]              
[Page 77953-78017]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-HQ-RCRA-2005-0017; FRL-8753-4]
RIN 2050-AG24

Expansion of RCRA Comparable Fuel Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This final action adds a new exclusion to the rules
implementing subtitle C of the Resource Conservation and Recovery Act
(RCRA). The rule already provides exclusions for comparable fuels and
synthesis gas. These fuels are energy-rich hazardous secondary
materials which would otherwise be hazardous wastes, but which have the
same hazardous constituent concentrations as fossil fuels that would be
burned in their place. EPA is establishing a new category of excluded
fuel that has its own set of conditions, some of which overlap with the
comparable fuels exclusion. These newly excluded hazardous secondary
materials are called ``emission-comparable fuel'' (ECF). ECF is a
hazardous secondary material that, when generated, is handled in such a
way that it is not discarded in any phase of management, but rather is
handled as a valuable commodity. ECF meets all of the hazardous
constituent specifications (over 160) for comparable fuel, with the
exception of those for oxygenates and hydrocarbons (constituents which
contribute energy value to the fuel). The rule specifies conditions on
burning ECF which assure that emissions from industrial boilers burning
ECF are comparable to emissions from industrial boilers burning fuel
oil. The ECF exclusion also includes conditions for tanks and
containers storing ECF to assure that discard does not occur.

DATES: This final rule is effective January 20, 2009.

ADDRESSES: The official public docket is identified by Docket ID No.
EPA-HQ-RCRA-2005-0017. 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, 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 RCRA Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., 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 RCRA
Docket is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: Mary Jackson, Hazardous Waste
Minimization and Management Division, Office of Solid Waste, Mailcode:
5302P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-8453; fax number:
(703) 308-8433; e-mail address: jackson.mary@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR, TOXICS - FR/Commecting Amendment. National Ambient Air Quality Standards for Lead
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]              
[Page 77517]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2006-0735; FRL-8754-9]
RIN 2060-AN83

National Ambient Air Quality Standards for Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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

SUMMARY: The EPA issued a final rule on November 12, 2008 (effective
date January 12, 2009) that revised the National Ambient Air Quality
Standard (NAAQS) for lead (Pb) and associated monitoring requirements.
This document makes a minor correction to the November 12, 2008, action
to correct a typographical error in the regulatory text for the rule.

DATES: This correction is effective January 12, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality
Assessment Division (C304-06), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-2364; fax
number: (919) 541-1903; e-mail address: Cavender.kevin@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: AIR - FR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]              
[Page 77881-77902]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014, FRL-8752-4]
RIN 2060-AM91

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is finalizing revisions to the December 31, 2002 New
Source Review (NSR) Improvement rules to change the requirements of the
major NSR programs regarding the treatment of fugitive emissions.
Specifically, this final rule requires that fugitive emissions be
included in determining whether a physical or operational change
results in a major modification only for sources in the source
categories that have been designated through rulemaking pursuant to
section 302(j) of the Clean Air Act (Act). Also, this action elaborates
on guiding principles for determining fugitive emissions for purposes
of NSR and title V permitting.

DATES: This final rule is effective January 20, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Mangino, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number: (919) 541-9778; fax number: (919) 541-5509, e-mail
address: mangino.joseph@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: AIR - ND. EPA. Draft Integrated Science Assessment for Particulate Matter
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77686-77687]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8754-8; Docket ID No. EPA-HQ-ORD-2007-0517]

Draft Integrated Science Assessment for Particulate Matter

AGENCY: Environmental Protection Agency.

ACTION: Notice of Public Comment Period.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the availability of its ``First External Review Draft Integrated
Science Assessment for Particulate Matter'' (EPA/600/R-08/139 and EPA/
600/R-08/139A). The document was prepared by the National Center for
Environmental Assessment (NCEA) within EPA(s Office of Research and
Development as part of the review of the national ambient air quality
standards (NAAQS) for particulate matter.
    EPA is releasing this draft document to seek review by the Clean
Air Scientific Advisory Committee (CASAC) and the public (meeting date
and location to be specified in a separate Federal Register notice).
The draft document does not represent, and should not be construed to
represent, any final EPA policy, viewpoint, or determination. EPA will
consider any public comments submitted in response to this notice when
revising the document.

DATES: The public comment period begins on or about December 19, 2008.
Comments must be received on or before March 13, 2009.

ADDRESSES: The ``First External Review Draft Integrated Science
Assessment for Particulate Matter'' will be available primarily via the
Internet on the National Center for Environmental Assessment's home
page under the Recent Additions and Publications menus at http://
www.epa.gov/ncea
. A limited number of CD-ROM or paper copies will be
available. Contact Ms. Debbie Wales by phone (919-541-4731), fax (919-
541-5078), or e-mail (wales.deborah@epa.gov) to request either of
these, and please provide your name, your mailing address, and the
document title, ``First External Review Draft Integrated Science
Assessment for Particulate Matter'' (EPA/600/R-08/139 and EPA/600/R-08/
139A) to facilitate processing of your request.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Dr.
Lindsay Wichers Stanek, NCEA; telephone: 919-541-7792; facsimile: 919-
541-2985; or e-mail: stanek.lindsay@epa.gov.

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

ANNOUNCEMENT 5


Subject: ALL - ND. EPA. National Advisory Council for Environmental Policy and Technology; Request for Nominations
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77688-77689]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8754-2]

National Advisory Council for Environmental Policy and Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for Nominations to the National Advisory Council for
Environmental Policy and Technology (NACEPT).

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates to be
considered for appointment to the National Advisory Council for
Environmental Policy and Technology (NACEPT). It is anticipated that
vacancies will be filled by late spring 2009. Additional sources may be utilized in the
solicitation of nominees.
    Background: NACEPT is a federal advisory committee chartered under
the Federal Advisory Committee Act (FACA), Public Law 92463. EPA
established NACEPT in 1988 to provide independent advice to the EPA
Administrator on a broad range of environmental policy, technology and
management issues. Members serve as representatives from academia,
industry, non-governmental organizations, and state, local, and tribal
governments. Members are appointed by the EPA Administrator for two
year terms with the possibility of reappointment. The Council usually
meets 3 times annually and the average workload for the members is
approximately 10 to 15 hours per month. Members serve on the Council in
a voluntary capacity. However, EPA provides reimbursement for travel
expenses associated with official government business. EPA is seeking
nominations from all sectors, including academia, industry, non-
governmental organizations, and state, local and tribal governments.
Nominees will be considered according to the mandates of FACA, which
requires committees to maintain diversity across a broad range of
constituencies, sectors, and groups.
    The following criteria will be used to evaluate nominees:
--Extensive professional knowledge of environmental policy, management,
and technology issues.
--Demonstrated ability to examine and analyze environmental issues with
objectivity and integrity.
--Senior-level experience that fills a current need on the Council.
--Excellent interpersonal, oral and written communication, and
consensus-building skills.
--Ability to volunteer approximately 10 to 15 hours per month to the
Council's activities, including participation on teleconference
meetings and preparation of text for Council reports and advice
letters.

    Nominations must include a resume and a short biography describing
the professional and educational qualifications of the nominee, as well
as the nominee's current business address, e-mail address, and daytime
telephone number. Interested candidates may self-nominate.

ADDRESSES: Submit nominations to: Sonia Altieri, Designated Federal
Officer, Office of Cooperative Environmental Management, U.S. EPA
(1601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460. You may
also e-mail nominations to altieri.sonia@epa.gov.

FOR FURTHER INFORMATION CONTACT: Sonia Altieri, Designated Federal
Officer, U.S. EPA; telephone (202) 564-0243; fax: (202) 564-8129; e-
mail altieri.sonia@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Carbofuran; Notice of Receipt of Request to Voluntarily Cancel Carbofuran Pesticide Registrations
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77690-77693]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0162; FRL-8389-4]

Carbofuran; Notice of Receipt of Request to Voluntarily Cancel
Carbofuran Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request dated September 29, 2008 by the
registrant to voluntarily cancel some registrations and amend other
registrations to terminate uses of certain end-use products containing
the pesticide carbofuran. The request would terminate flowable
carbofuran use in or on alfalfa, cotton, ornamentals, popcorn, small
grains (wheat, oats and barley) soybeans, sugarcane, sweet corn, and
tobacco. The request would also terminate all carbofuran products
registered under FIFRA section 24 Special Local Need Labels for use in
or on corn (field), CRP acres, cucumbers, grapes, melons, ornamentals
(container and field production), peppers (including Chiles and bell),
sorghum, squash, sugar beets, sugarcane (soil applied), tobacco, and
small grains (wheat, oats, and barley). The request would also
terminate, subject to a two-year phase-out period, the use of flowable
carbofuran as a post-plant application to artichokes. The request
proposes to cancel the use of granular carbofuran on bananas, coffee,
cucumbers, melons, and squash. The request would not terminate the last
carbofuran products registered for use in the US.

DATES: Comments must be received on or before January 20, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0162 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: Jude Andreasen, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-9342; fax
number: (703) 308-7070; e-mail address: andreasen.jude@epa.gov.

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

ANNOUNCEMENT 7


Subject: TOXICS - ND. EPA. Registration Review; 2-((hydroxymethyl)-amino)ethanol Docket Opened for Review and Comment
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77693-77695]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0879; FRL-8394-4]

Registration Review; 2-((hydroxymethyl)-amino)ethanol Docket
Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has established a registration review docket for the
pesticide, 2-((hydroxymethyl)-amino)ethanol. With this document, EPA is
opening the public comment period for this registration review.
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, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration reviews. 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 March 19, 2009.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the pesticide provided in the table in Unit III.A., 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: The Chemical Review Manager identified in the table in Unit
III.A.
    For general information contact: Kevin Costello, Special Review and
Reregistration 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.

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

ANNOUNCEMENT 8


Subject: TOXICS - ND. EPA. Registration Review; 3H-1,2-Dithiol-3-one, 4,5-dichloro Docket Opened for Review and Comment
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77695-77697]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0767 ; FRL-8395-1]

Registration Review; 3H-1,2-Dithiol-3-one, 4,5-dichloro Docket
Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has established registration review dockets for the
pesticide listed in the table in Unit III.A. With this document, EPA is
opening the public comment period for these registration reviews.
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, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration reviews. 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 March 19, 2009.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., 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: The Chemical Review Manager identified in the table in Unit
III.A. for the pesticide of interest.
    For general information contact: Kevin Costello, Special Review and
Reregistration 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.

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

ANNOUNCEMENT 9


Subject: HAZ/Nuclear - ROD. DOE. Record of Decision for the Complex Transformation Supplemental Programmatic Environmental Impact Statement--Operations Involving Plutonium, Uranium, and the Assembly and Disassembly of Nuclear Weapons
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77644-77656]

DEPARTMENT OF ENERGY

Record of Decision for the Complex Transformation Supplemental
Programmatic Environmental Impact Statement--Operations Involving
Plutonium, Uranium, and the Assembly and Disassembly of Nuclear Weapons

AGENCY: National Nuclear Security Administration, U.S. Department of
Energy.

ACTION: Record of decision.

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

SUMMARY: The National Nuclear Security Administration (NNSA), a
separately organized agency within the U.S. Department of Energy (DOE),
is issuing this Record of Decision (ROD) for the continued
transformation of the nuclear weapons complex (Complex). This ROD is
based on information and analyses contained in the Complex
Transformation Supplemental Programmatic Environmental Impact Statement
(SPEIS) (DOE/EIS-0236-S4) issued on October 24, 2008 (73 FR 63460);
comments received on the SPEIS; other NEPA analyses as noted; and other
factors, including cost, technical and security considerations, and the
missions of NNSA. The SPEIS analyzes the potential environmental
impacts of alternatives for transforming the nuclear weapons complex
into a smaller, more efficient enterprise that can respond to changing
national security challenges and ensure the long-term safety, security,
and reliability of the nuclear weapons stockpile.
    The alternatives analyzed in the SPEIS are divided into two
categories: programmatic and project-specific. Programmatic
alternatives involve the restructuring of facilities that use or store
significant (i.e., Category I/II) quantities of special nuclear
material (SNM).\1\ These facilities produce plutonium components
(commonly called pits \2\), produce highly enriched uranium (HEU)
components (including secondaries \3\), fabricate high explosives (HE)
components, and assemble and disassemble nuclear weapons. The decisions
announced in this ROD relate to the programmatic alternatives analyzed
in the SPEIS. NNSA is issuing a separate ROD relating to the project-
specific alternatives.
---------------------------------------------------------------------------

    \1\ As defined in section 11 of the Atomic Energy Act of 1954,
special nuclear material is: (1) Plutonium, uranium enriched in the
isotope 233 or in the isotope 235 and any other material which the
U.S. Nuclear Regulatory Commission determines to be special nuclear
material; or (2) any material artificially enriched by any of the
foregoing. Special nuclear material is separated into Security
Categories I, II, III, and IV based on the type, attractiveness
level, and quantity of the material. Categories I and II require the
highest level of security.
    \2\ A pit is the central core of a nuclear weapon, principally
made of plutonium or enriched uranium.
    \3\ A secondary is the component of a nuclear weapon that
contains elements needed to initiate the fusion reaction in a
thermonuclear explosion.
---------------------------------------------------------------------------

    NNSA has decided to implement its preferred programmatic
alternative as described in the SPEIS and summarized in this ROD. This
decision will transform the plutonium and uranium manufacturing aspects
of the complex into smaller and more efficient operations while
maintaining the capabilities NNSA needs to perform its national
security missions. The three major elements of the decisions announced
in this ROD are:
    (1) Manufacturing and research and development (R&D) involving
plutonium will remain at the Los Alamos National Laboratory (LANL) in
New Mexico. To support these activities, NNSA will construct and
operate the Chemistry and Metallurgy Research Replacement-Nuclear
Facility (CMRR-NF) at LANL as a replacement for portions of the
Chemistry and Metallurgy Research (CMR) facility, a structure that is
more than 50 years old

[[Page 77645]]

and faces significant safety and seismic challenges to its continued
operation.
    (2) Manufacturing and R&D involving uranium will remain at the Y-12
National Security Complex in Tennessee. NNSA will construct and operate
a Uranium Processing Facility (UPF) at Y-12 as a replacement for
existing facilities that are more than 50 years old and face
significant safety and maintenance challenges to their continued
operation.
    (3) Assembly and disassembly of nuclear weapons and high explosives
production and manufacturing will remain at the Pantex Plant in Texas.
    These decisions will best enable NNSA to meet its statutory mission
while minimizing technical risks, risks to mission objectives, costs,
and environmental impacts. These decisions continue the transformation
begun following the end of the Cold War and the cessation of nuclear
weapons testing, particularly decisions announced in the 1996 ROD for
the Programmatic Environmental Impact Statement for Stockpile
Stewardship and Management (SSM PEIS) (DOE/EIS-0236) (61 FR 68014; Dec.
26, 1996). This ROD explains why NNSA is making these programmatic
decisions, why it is appropriate to make them at this time, and the
flexibility NNSA has to adapt these decisions as needed in response to
any changes in national security requirements that may occur in the
near term.

FOR FURTHER INFORMATION CONTACT: For further information on the Complex
Transformation SPEIS or this ROD, or to receive copies of these,
contact: Ms. Mary E. Martin, NNSA NEPA Compliance Officer, Office of
Environmental Projects and Operations, NA-56, U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington, DC 20585, toll free
1-800-832-0885 ext. 69438. A request for a copy of the SPEIS or this
ROD may be sent by facsimile to 1-703-931-9222, or by e-mail to
complextransformation@nnsa.doe.gov. The SPEIS, this ROD, the project-
specific ROD, and additional information regarding complex
transformation are available at http://
www.ComplexTransformationSPEIS.com
and http://www.nnsa.doe.gov.
    For information on DOE's NEPA process, contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585, 202-586-4600, or leave a message at 800-472-2756. Additional
information regarding DOE NEPA activities and access to many DOE NEPA
documents are available through the DOE NEPA Web site at: http://
www.gc.energy.gov/NEPA
.

 
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ANNOUNCEMENT 10


Subject: NUCLEAR - ROD. DOE. Record of Decision for the Complex Transformation Supplemental Programmatic Environmental Impact Statement--Tritium Research and
Development, Flight Test Operations, and Major Environmental Test Facilities
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77656-77663]

DEPARTMENT OF ENERGY

Record of Decision for the Complex Transformation Supplemental
Programmatic Environmental Impact Statement--Tritium Research and
Development, Flight Test Operations, and Major Environmental Test
Facilities

AGENCY: National Nuclear Security Administration, U.S. Department of
Energy.

ACTION: Record of Decision.

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

SUMMARY: The National Nuclear Security Administration (NNSA), a
separately organized agency within the U.S. Department of Energy (DOE),
is issuing this Record of Decision (ROD) for the continued
transformation of the nuclear weapons complex (Complex). This ROD is
based on information and analyses contained in the Complex
Transformation Supplemental Programmatic Environmental Impact Statement
(SPEIS) (DOE/EIS-0236-S4) issued on October 24, 2008 (73 FR 63460);
comments received on the SPEIS; and other factors, including costs,
technical and security considerations, and the missions of NNSA. The
SPEIS analyzes the potential environmental impacts of alternatives for
transforming the nuclear weapons complex into a smaller, more efficient
enterprise that can respond to changing national security challenges
and ensure the long-term safety, security, and reliability of the
nuclear weapons stockpile.
    The alternatives analyzed in the SPEIS are divided into two
categories: programmatic and project-specific. Programmatic
alternatives involve the restructuring of facilities that use or store
significant (i.e., Category I/II) quantities of special nuclear
material (SNM).\1\ These facilities produce plutonium components
(commonly called pits \2\), produce highly enriched uranium (HEU)
components including secondaries,\3\ fabricate high explosives (HE)
components and assemble and disassemble nuclear weapons. The decisions
announced in this ROD relate to the project-specific alternatives. NNSA
is issuing a separate ROD related to the programmatic alternatives.
---------------------------------------------------------------------------

    \1\ As defined in section 11 of the Atomic Energy Act of 1954,
special nuclear material is: (1) plutonium, uranium enriched in the
isotope 233 or in the isotope 235 and any other material which the
U.S. Nuclear Regulatory Commission determines to be special nuclear
material; or (2) any material artificially enriched by any of the
foregoing. Special nuclear material is separated into Security
Categories I, II, III, and IV based on the type, attractiveness
level, and quantity of the material. Categories I and II require the
highest level of security.
    \2\ A pit is the central core of a nuclear weapon, principally
made of plutonium or enriched uranium.
    \3\ A secondary is the component of a nuclear weapon that
contains elements needed to initiate the fusion reaction in a
thermonuclear explosion.
---------------------------------------------------------------------------

    The project-specific alternatives analyzed in the SPEIS involve the
possible restructuring of the following missions involving research and
development (R&D) and testing: (1) Tritium R&D; (2) flight test
operations; (3) major environmental test facilities (ETFs); (4) high
explosives R&D; (5) hydrodynamic testing; and (6) weapons support
functions at Sandia National Laboratories/California (SNL/CA). In this
ROD, NNSA announces decisions regarding the first three missions.
    NNSA has decided to implement the preferred alternatives for these
three missions described in the SPEIS and summarized in this ROD. The
major elements of the decisions announced in this ROD are:
    (1) Consolidate tritium R&D at the Savannah River Site (SRS) in
South Carolina;
    (2) Conduct flight testing in a campaign mode at Tonopah Test Range
(TTR) in Nevada under a reduced footprint permit; and
    (3) Consolidate major environmental test facilities at Sandia
National Laboratories/New Mexico (SNL/NM).
    These decisions will best enable NNSA to meet its statutory
missions while minimizing technical risks, risks to mission objectives,
costs, and environmental impacts. These decisions continue the
transformation begun following the end of the Cold War and the
cessation of nuclear weapons testing, particularly decisions announced
in the 1996 ROD for the Programmatic Environmental Impact Statement for
Stockpile Stewardship and Management (SSM PEIS) (DOE/EIS-0236) (61 FR
68014; Dec. 26, 1996).
    NNSA will continue its missions involving high explosives R&D,
hydrodynamic testing, and weapons support functions at SNL/CA as
described in the No Action Alternative and pursuant to previous NNSA
decisions. In other words, NNSA is not making any new decisions
regarding these missions at this time.

FOR FURTHER INFORMATION CONTACT: For further information on the Complex
Transformation SPEIS or this ROD, or to receive copies of these,
contact: Ms. Mary E. Martin, NNSA NEPA Compliance Officer, Office of
Environmental Projects and Operations, NA-56, U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington, DC 20585, toll free
1-800-832-0885, ext. 69438. A request for a copy of the document may
also be sent by facsimile to 1-703-931-9222, or by e-mail to
complextransformation@nnsa.doe.gov. The Complex Transformation SPEIS,
this ROD, and additional information regarding complex transformation
are available on the Internet at http://
www.ComplexTransformationSPEIS.com
and http://www.nnsa.doe.gov.
    For information on the DOE NEPA process, contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585, 202-586-4600, or leave a message at 1-800-472-2756. Additional
information regarding DOE NEPA activities and access to many DOE NEPA
documents are available on the Internet through the DOE NEPA Web site
at: http://www.gc.energy.gov/NEPA.

 
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ANNOUNCEMENT 11


Subject: TOXICS - FR. CPSC. Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]              
[Page 77492-77493]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1303

Ban of Lead-Containing Paint and Certain Consumer Products
Bearing Lead-Containing Paint

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
amending its regulations concerning the ban of lead-containing paint
and certain consumer products bearing lead-containing paint.

DATES: This rule is effective on August 14, 2009.

FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General
Counsel, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, Maryland 20814, email: hkim@cpsc.gov.

 
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ANNOUNCEMENT 12


Subject: TRANSPORT - NM. DOT. National Surface Transportation Infrastructure Financing Commission
 
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]              
[Page 77866-77867]

DEPARTMENT OF TRANSPORTATION

[Docket No. OST-2007-27407]

National Surface Transportation Infrastructure Financing
Commission

AGENCY: Department of Transportation (DOT).

ACTION: Notice of meeting location and time.

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

SUMMARY: This notice lists the location and time of the eighteenth
meeting of the National Surface Transportation Infrastructure Financing
Commission.

FOR FURTHER INFORMATION CONTACT: John V. Wells, Chief Economist, U.S.
Department of Transportation, (202) 366-9224, jack.wells@dot.gov.

 
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