Federal Register
Vol. 74, No. 17
Wednesday, January 28, 2009
Vol. 74, No. 17
Wednesday, January 28, 2009
There are 8 announcements in this issue
1. AIR - FR. EPA. Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
2. HAZ - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; RCRA Hazardous Waste Permit Application and Modification, Part A (Renewal), EPA ICR Number 0262.12, OMB Control Number 2050-0034
3. HAZ, REMED - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR-Media) (Renewal), EPA ICR Number 1775.05, OMB Control Number 2050-0161
4. TOXICS - ND/Correction. EPA. L-Lactic Acid Registration Review Final Work Plan and Proposed Registration Review Decision; Correction
5. ALL - NM. EPA. Notice of Open Meeting of the Environmental Financial Advisory Board (EFAB)
6. AIR, CLIMATE - Presidential Memo. Clean Air Act; Request for Waiver, California (Memorandum of January 26, 2009), 4905–4906 [E9–1939]
7. ENERGY - Presidential Memo. Energy Independence and Security Act of 2007; Corporate Average Fuel Economy Standards (Memorandum of January 26, 2009)
8. ENERGY, LAND, WATER - ND. DOS. Notice of Intent to Prepare an Environmental Impact Statement and to Conduct Scoping Meetings and Notice of Floodplain and Wetland Involvement and to Initiate Consultation under Section 106 of the National Historic Preservation Act for the Proposed Transcanada Keystone Xl 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. Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Rules and Regulations]
[Page 5071-5093]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2005-0031; FRL-8748-2]
RIN 2060-AO61
Standards of Performance for Fossil-Fuel-Fired Steam Generators
for Which Construction Is Commenced After August 17, 1971; Standards of
Performance for Electric Utility Steam Generating Units for Which
Construction Is Commenced After September 18, 1978; Standards of
Performance for Industrial-Commercial-Institutional Steam Generating
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the new source performance standards (NSPS)
for electric utility steam generating units and industrial-commercial-
institutional steam generating units. These amendments to the
regulations are to add compliance alternatives for owners and operators
of certain affected sources, eliminate the opacity standard for
facilities with a particulate matter (PM) limit of 0.030 lb/million
British thermal units (MMBtu) or less that choose to voluntarily
install and use PM continuous emission monitors (CEMS) to demonstrate
compliance with that limit, and to correct technical and editorial
errors.
DATES: This final rule is effective on January 28, 2009. The
incorporation by reference of certain publications listed in this final
rule is approved by the Director of the Federal Register as of January
28, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0031. 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 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 EPA Docket Center,
Public Reading Room, 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 Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Christian Fellner, Energy
Strategies Group, Sector Policies and Programs Division (D243-01), U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-4003,
facsimile number (919) 541-5450, electronic mail (e-mail) address:
fellner.christian@epa.gov.
[Rules and Regulations]
[Page 5071-5093]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2005-0031; FRL-8748-2]
RIN 2060-AO61
Standards of Performance for Fossil-Fuel-Fired Steam Generators
for Which Construction Is Commenced After August 17, 1971; Standards of
Performance for Electric Utility Steam Generating Units for Which
Construction Is Commenced After September 18, 1978; Standards of
Performance for Industrial-Commercial-Institutional Steam Generating
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the new source performance standards (NSPS)
for electric utility steam generating units and industrial-commercial-
institutional steam generating units. These amendments to the
regulations are to add compliance alternatives for owners and operators
of certain affected sources, eliminate the opacity standard for
facilities with a particulate matter (PM) limit of 0.030 lb/million
British thermal units (MMBtu) or less that choose to voluntarily
install and use PM continuous emission monitors (CEMS) to demonstrate
compliance with that limit, and to correct technical and editorial
errors.
DATES: This final rule is effective on January 28, 2009. The
incorporation by reference of certain publications listed in this final
rule is approved by the Director of the Federal Register as of January
28, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0031. 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 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 EPA Docket Center,
Public Reading Room, 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 Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Christian Fellner, Energy
Strategies Group, Sector Policies and Programs Division (D243-01), U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-4003,
facsimile number (919) 541-5450, electronic mail (e-mail) address:
fellner.christian@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: HAZ - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; RCRA Hazardous Waste Permit Application and
Modification, Part A (Renewal), EPA ICR Number 0262.12, OMB Control Number 2050-0034
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 4957-4958]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0573, FRL-8768-6]
Agency Information Collection Activities; Proposed Collection;
Comment Request; RCRA Hazardous Waste Permit Application and
Modification, Part A (Renewal), EPA ICR Number 0262.12, OMB Control
Number 2050-0034
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before February 27,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2008-0573, to (1) EPA, either online using www.regulations.gov (our
preferred method), or by e-mail to rcra-docket@epa.gov, or by mail to:
RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Toshia King, Environmental Protection
Agency, Mailcode 5303W, 1200 Pennsylvania Ave., NW., Washington, DC
20460; telephone number: 703-308-7033; fax number: 703-308-8617; e-mail
address: king.toshia@epamail.epa.gov.
[Notices]
[Page 4957-4958]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0573, FRL-8768-6]
Agency Information Collection Activities; Proposed Collection;
Comment Request; RCRA Hazardous Waste Permit Application and
Modification, Part A (Renewal), EPA ICR Number 0262.12, OMB Control
Number 2050-0034
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before February 27,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2008-0573, to (1) EPA, either online using www.regulations.gov (our
preferred method), or by e-mail to rcra-docket@epa.gov, or by mail to:
RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Toshia King, Environmental Protection
Agency, Mailcode 5303W, 1200 Pennsylvania Ave., NW., Washington, DC
20460; telephone number: 703-308-7033; fax number: 703-308-8617; e-mail
address: king.toshia@epamail.epa.gov.
ANNOUNCEMENT 3
Subject: HAZ, REMED - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR-Media) (Renewal), EPA ICR Number 1775.05, OMB Control Number 2050-0161
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 4958-4959]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0572, FRL-8768-7]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Remediation Waste Management Requirements
(HWIR-Media) (Renewal), EPA ICR Number 1775.05, OMB Control Number
2050-0161
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before February 27,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2008-0572, to (1) EPA, either online using http://www.regulations.gov
(our preferred method), or by e-mail to rcra-docket@epa.gov, or by mail
to: RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mike Fitzpatrick, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: 703-308-8411; fax number 703-308-8617; e-mail
address: fitzpatrick.mike@epa.gov.
[Notices]
[Page 4958-4959]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0572, FRL-8768-7]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Remediation Waste Management Requirements
(HWIR-Media) (Renewal), EPA ICR Number 1775.05, OMB Control Number
2050-0161
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before February 27,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2008-0572, to (1) EPA, either online using http://www.regulations.gov
(our preferred method), or by e-mail to rcra-docket@epa.gov, or by mail
to: RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mike Fitzpatrick, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: 703-308-8411; fax number 703-308-8617; e-mail
address: fitzpatrick.mike@epa.gov.
ANNOUNCEMENT 4
Subject: TOXICS - ND/Correction. EPA. L-Lactic Acid Registration Review Final Work Plan and Proposed Registration Review Decision; Correction
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 4959]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0383; FRL-8399-6]
L-Lactic Acid Registration Review Final Work Plan and Proposed
Registration Review Decision; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a notice in the Federal Register of December 24,
2008, concerning the availability of EPA's Final Work Plan and Proposed
Final Decision for the pesticide case L-Lactic Acid. This document is
being issued to correct a typographical error in the name of the active
ingredient L-Lactic Acid.
FOR FURTHER INFORMATION CONTACT: Andrew Bryceland, Biopesticide and
Pollution Precention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: 703-305-6928; e-mail
address: bryceland.andrew@epa.gov.
[Notices]
[Page 4959]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0383; FRL-8399-6]
L-Lactic Acid Registration Review Final Work Plan and Proposed
Registration Review Decision; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a notice in the Federal Register of December 24,
2008, concerning the availability of EPA's Final Work Plan and Proposed
Final Decision for the pesticide case L-Lactic Acid. This document is
being issued to correct a typographical error in the name of the active
ingredient L-Lactic Acid.
FOR FURTHER INFORMATION CONTACT: Andrew Bryceland, Biopesticide and
Pollution Precention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: 703-305-6928; e-mail
address: bryceland.andrew@epa.gov.
ANNOUNCEMENT 5
Subject: ALL - NM. EPA. Notice of Open Meeting of the Environmental Financial Advisory Board (EFAB)
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 4959-4960]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8769-2]
Notice of Open Meeting of the Environmental Financial Advisory
Board (EFAB)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA's EFAB will hold an open meeting of the full board in
Washington, DC on March 16-17, 2009. EFAB is an EPA advisory committee
chartered under the Federal Advisory Committee Act (FACA) to provide
advice and recommendations to EPA on creative approaches to funding
environmental programs, projects, and activities.
The purpose of this meeting is to hear from informed speakers on
environmental finance issues, proposed legislation, Agency priorities,
and to discuss progress with work products under EFAB's current
Strategic Action Agenda.
Environmental financing topics expected to be discussed include:
Financial Assurance Mechanisms (Commercial Insurance & Cost
Estimation); Financial Assurance and CO2 Underground
Injection Control/Carbon Capture and Sequestration; Water Loss
Reduction (``Leaky Pipes''); Innovative Financing Tools, and State
Revolving Fund Investment Options.
This meeting is open to the public, however, seating is limited.
All members of the public who are planning to attend the meeting must
register in advance, no later than Friday, March 6, 2009.
DATES: Full Board Meeting is scheduled for March 16, 2009 from 1:30
p.m.-5:30 p.m. and March 17, 2009 from 8:30 a.m.-5 p.m.
ADDRESSES: The Madison, 1177 15th Street, NW., Washington, DC 20005.
Registration and Information Contact:
To register for this meeting or get further information, please
contact Sandra Keys, U.S. EPA, at (202) 564-4999 or
keys.sandra@epa.gov. For information on access or services for
individuals with disabilities, please contact Sandra Keys. To request
accommodations for a disability, contact Sandra Keys, preferably at
least 10 days prior to the meeting, to give EPA as much time as
possible to process your request.
[Notices]
[Page 4959-4960]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8769-2]
Notice of Open Meeting of the Environmental Financial Advisory
Board (EFAB)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA's EFAB will hold an open meeting of the full board in
Washington, DC on March 16-17, 2009. EFAB is an EPA advisory committee
chartered under the Federal Advisory Committee Act (FACA) to provide
advice and recommendations to EPA on creative approaches to funding
environmental programs, projects, and activities.
The purpose of this meeting is to hear from informed speakers on
environmental finance issues, proposed legislation, Agency priorities,
and to discuss progress with work products under EFAB's current
Strategic Action Agenda.
Environmental financing topics expected to be discussed include:
Financial Assurance Mechanisms (Commercial Insurance & Cost
Estimation); Financial Assurance and CO
Injection Control/Carbon Capture and Sequestration; Water Loss
Reduction (``Leaky Pipes''); Innovative Financing Tools, and State
Revolving Fund Investment Options.
This meeting is open to the public, however, seating is limited.
All members of the public who are planning to attend the meeting must
register in advance, no later than Friday, March 6, 2009.
DATES: Full Board Meeting is scheduled for March 16, 2009 from 1:30
p.m.-5:30 p.m. and March 17, 2009 from 8:30 a.m.-5 p.m.
ADDRESSES: The Madison, 1177 15th Street, NW., Washington, DC 20005.
Registration and Information Contact:
To register for this meeting or get further information, please
contact Sandra Keys, U.S. EPA, at (202) 564-4999 or
keys.sandra@epa.gov. For information on access or services for
individuals with disabilities, please contact Sandra Keys. To request
accommodations for a disability, contact Sandra Keys, preferably at
least 10 days prior to the meeting, to give EPA as much time as
possible to process your request.
ANNOUNCEMENT 8
Subject: ENERGY, LAND, WATER - ND. DOS. Notice of Intent to Prepare an Environmental Impact Statement and to Conduct Scoping Meetings and Notice of Floodplain and Wetland Involvement and to Initiate Consultation under Section 106 of the National Historic Preservation Act for the Proposed Transcanada Keystone Xl Pipeline
[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 5019-5023]
DEPARTMENT OF STATE
[Public Notice 6496]
Notice of Intent to Prepare an Environmental Impact Statement and
to Conduct Scoping Meetings and Notice of Floodplain and Wetland
Involvement and to Initiate Consultation under Section 106 of the
National Historic Preservation Act for the Proposed Transcanada
Keystone Xl Pipeline
Public Notice
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: TransCanada Keystone Pipeline, L.P. (Keystone) has applied to
the United States Department of State for a Presidential Permit
authorizing the construction, operation, and maintenance of facilities
at the border of the United States for the importation of petroleum
from a foreign country. Authorization is being requested in connection
with Keystone's proposed international pipeline project (the Keystone
XL Project), which is designed to transport crude oil production from
the Western Canadian Sedimentary Basin to existing markets in the Texas
Gulf Coast area. The Department of State receives and considers
applications for Presidential Permits for such energy-related pipelines
pursuant to authority delegated to it by the President under Executive
Order 13337 of April 30, 2004 (69 FR 25299), as amended. To issue a
Permit, the Department of State must
find that issuance would serve the national interest. In the course of
processing such applications, the Department consults extensively with
concerned Federal and State agencies, and invites public comment in
arriving at its determination. With respect to the application
submitted by Keystone, the Department of State has concluded that the
issuance of the Presidential Permit would constitute a major Federal
action that may have a significant impact upon the environment within
the meaning of the National Environmental Policy Act (NEPA) of 1969.
For this reason, Department of State intends to prepare an EIS to
address reasonably foreseeable impacts from the proposed action and
alternatives. Additionally Department of State has determined that
issuance of a Presidential permit for the Keystone XL project triggers
review under Section 106 of the National Historic Preservation Act and
is consequently initiating the required consultation under that
statute. Consultation will be conducted with State Historic
Preservation Officers, Indian tribes, and the Advisory Council on
Historic Preservation, and other consulting parties, as appropriate, to
determine the locations (if any) of potential sites for inclusion on
the National Register of Historic Places as well as the potential
eligibility and findings of effect for cultural resources identified
within the Keystone XL Area of Potential Effect. The purpose of this
Notice of Intent (NOI) is to inform the public about the proposed
action, announce plans for scoping meetings, invite public
participation in the scoping process, and solicit public comments for
consideration in establishing the scope and content of the EIS. As the
proposed project may involve an action in a floodplain or wetland, the
EIS will include a floodplain and wetlands assessment and floodplain
statement of findings.
DATES: Department of State invites interested agencies, organizations,
and members of the public to submit comments or suggestions to assist
in identifying significant environmental issues, measures that might be
adopted to reduce environmental impacts, and in determining the
appropriate scope of the EIS. The public scoping period starts with the
publication of this Notice in the Federal Register on January 28, 2009
and will continue until March 16, 2009. Written, electronic, and oral
comments will be given equal weight and State will consider all
comments received or postmarked by March 16, 2009 in defining the scope
of the EIS. Comments received or postmarked after that date will be
considered to the extent practicable.
During this public scoping period, the Department of State plans to
use the scoping process to help identify consulting parties and
historic preservation issues for consideration under Section 106 of the
National Historic Preservation Act and its implementing regulations (36
CFR Part 800). Because the project will cross lands under the
jurisdiction of the U.S. Department of the Interior's Bureau of Land
Management (BLM), Keystone has also filed applications with the BLM for
a pipeline right-of-way (ROW) application (serial number MTM 98191)
under the Mineral Leasing Act of 1920, as amended [(MLA) 30 U.S.C.
185]. BLM has jurisdiction over federal lands and is responsible for
authorizing ROW grants under the MLA for the pipeline, pumping
stations, access roads, and site improvements. The BLM is also expected
to process ROW applications under the Federal Land Policy and
Management Act (FLPMA) of 1976 for electrical transmission lines to
supply power to the proposed pumping stations. For this reason,
Department of State, with the BLM as a cooperating agency, intends to
prepare an EIS to address environmental impacts of the proposed
actions. BLM plans to process the ROW Grant and Temporary Use Permit in
parallel with the processing of the Presidential Permit by DOS. BLM
intends to use the EIS as its NEPA document for purposes of its
permits. Separate Records of Decision will be prepared by each Federal
agency pursuant to their respective action(s). The project also falls
under the jurisdiction of the Montana Department of Environmental
Quality (MDEQ) pursuant to the Montana Major Facility Siting Act (MFSA)
and requires a review under the Montana Environmental Policy Act
(MEPA). The Department of State understands that MDEQ also intends to
utilize the EIS process to present information and analyses required
before a decision is made under MFSA. This will be done parallel with
the Department's processing of the application for the Presidential
Permit.
[Notices]
[Page 5019-5023]
DEPARTMENT OF STATE
[Public Notice 6496]
Notice of Intent to Prepare an Environmental Impact Statement and
to Conduct Scoping Meetings and Notice of Floodplain and Wetland
Involvement and to Initiate Consultation under Section 106 of the
National Historic Preservation Act for the Proposed Transcanada
Keystone Xl Pipeline
Public Notice
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: TransCanada Keystone Pipeline, L.P. (Keystone) has applied to
the United States Department of State for a Presidential Permit
authorizing the construction, operation, and maintenance of facilities
at the border of the United States for the importation of petroleum
from a foreign country. Authorization is being requested in connection
with Keystone's proposed international pipeline project (the Keystone
XL Project), which is designed to transport crude oil production from
the Western Canadian Sedimentary Basin to existing markets in the Texas
Gulf Coast area. The Department of State receives and considers
applications for Presidential Permits for such energy-related pipelines
pursuant to authority delegated to it by the President under Executive
Order 13337 of April 30, 2004 (69 FR 25299), as amended. To issue a
Permit, the Department of State must
find that issuance would serve the national interest. In the course of
processing such applications, the Department consults extensively with
concerned Federal and State agencies, and invites public comment in
arriving at its determination. With respect to the application
submitted by Keystone, the Department of State has concluded that the
issuance of the Presidential Permit would constitute a major Federal
action that may have a significant impact upon the environment within
the meaning of the National Environmental Policy Act (NEPA) of 1969.
For this reason, Department of State intends to prepare an EIS to
address reasonably foreseeable impacts from the proposed action and
alternatives. Additionally Department of State has determined that
issuance of a Presidential permit for the Keystone XL project triggers
review under Section 106 of the National Historic Preservation Act and
is consequently initiating the required consultation under that
statute. Consultation will be conducted with State Historic
Preservation Officers, Indian tribes, and the Advisory Council on
Historic Preservation, and other consulting parties, as appropriate, to
determine the locations (if any) of potential sites for inclusion on
the National Register of Historic Places as well as the potential
eligibility and findings of effect for cultural resources identified
within the Keystone XL Area of Potential Effect. The purpose of this
Notice of Intent (NOI) is to inform the public about the proposed
action, announce plans for scoping meetings, invite public
participation in the scoping process, and solicit public comments for
consideration in establishing the scope and content of the EIS. As the
proposed project may involve an action in a floodplain or wetland, the
EIS will include a floodplain and wetlands assessment and floodplain
statement of findings.
DATES: Department of State invites interested agencies, organizations,
and members of the public to submit comments or suggestions to assist
in identifying significant environmental issues, measures that might be
adopted to reduce environmental impacts, and in determining the
appropriate scope of the EIS. The public scoping period starts with the
publication of this Notice in the Federal Register on January 28, 2009
and will continue until March 16, 2009. Written, electronic, and oral
comments will be given equal weight and State will consider all
comments received or postmarked by March 16, 2009 in defining the scope
of the EIS. Comments received or postmarked after that date will be
considered to the extent practicable.
During this public scoping period, the Department of State plans to
use the scoping process to help identify consulting parties and
historic preservation issues for consideration under Section 106 of the
National Historic Preservation Act and its implementing regulations (36
CFR Part 800). Because the project will cross lands under the
jurisdiction of the U.S. Department of the Interior's Bureau of Land
Management (BLM), Keystone has also filed applications with the BLM for
a pipeline right-of-way (ROW) application (serial number MTM 98191)
under the Mineral Leasing Act of 1920, as amended [(MLA) 30 U.S.C.
185]. BLM has jurisdiction over federal lands and is responsible for
authorizing ROW grants under the MLA for the pipeline, pumping
stations, access roads, and site improvements. The BLM is also expected
to process ROW applications under the Federal Land Policy and
Management Act (FLPMA) of 1976 for electrical transmission lines to
supply power to the proposed pumping stations. For this reason,
Department of State, with the BLM as a cooperating agency, intends to
prepare an EIS to address environmental impacts of the proposed
actions. BLM plans to process the ROW Grant and Temporary Use Permit in
parallel with the processing of the Presidential Permit by DOS. BLM
intends to use the EIS as its NEPA document for purposes of its
permits. Separate Records of Decision will be prepared by each Federal
agency pursuant to their respective action(s). The project also falls
under the jurisdiction of the Montana Department of Environmental
Quality (MDEQ) pursuant to the Montana Major Facility Siting Act (MFSA)
and requires a review under the Montana Environmental Policy Act
(MEPA). The Department of State understands that MDEQ also intends to
utilize the EIS process to present information and analyses required
before a decision is made under MFSA. This will be done parallel with
the Department's processing of the application for the Presidential
Permit.
ADDRESSES: Written comments or suggestions on the scope of the EIS
should be addressed to: Elizabeth Orlando, OES/ENV Room 2657, U.S.
Department of State, Washington, DC 20520. Comments may be submitted
electronically to xlpipelineproject@state.gov. Public comments will be
posted on the Web site identified below.
FOR FURTHER INFORMATION CONTACT: For information on the proposed
project or to receive a copy of the draft EIS when it is issued,
contact Elizabeth Orlando at the address listed in the ADDRESSES
section of this notice by electronic or regular mail as listed above,
or by telephone (202) 647-4284 or by fax at (202) 647-5947.
Project details and environmental information on the Keystone XL
Project application for a Presidential Permit, including associated
maps downloadable from a Web site that is being established for this
purpose: http://www.keystonepipeline-XL.state.gov. This Web site is
expected to be operational on or about January 23, 2009. This Web site
will accept public comments for the record.
Information on the Department of State Presidential Permit process
can also be found at the above Internet address. The MLA and FLPMA
application submitted to BLM will be on file at its office in Billings,
Montana.
A TransCanada hosted project Web site is also available at http://
www.transcanada.com/keystone/kxl.html. The Keystone XL Project toll-
free number is 1-866-717-7473 (United States and Canada).
should be addressed to: Elizabeth Orlando, OES/ENV Room 2657, U.S.
Department of State, Washington, DC 20520. Comments may be submitted
electronically to xlpipelineproject@state.gov. Public comments will be
posted on the Web site identified below.
FOR FURTHER INFORMATION CONTACT: For information on the proposed
project or to receive a copy of the draft EIS when it is issued,
contact Elizabeth Orlando at the address listed in the ADDRESSES
section of this notice by electronic or regular mail as listed above,
or by telephone (202) 647-4284 or by fax at (202) 647-5947.
Project details and environmental information on the Keystone XL
Project application for a Presidential Permit, including associated
maps downloadable from a Web site that is being established for this
purpose: http://www.keystonepipeline-XL.state.gov. This Web site is
expected to be operational on or about January 23, 2009. This Web site
will accept public comments for the record.
Information on the Department of State Presidential Permit process
can also be found at the above Internet address. The MLA and FLPMA
application submitted to BLM will be on file at its office in Billings,
Montana.
A TransCanada hosted project Web site is also available at http://
www.transcanada.com/keystone/kxl.html. The Keystone XL Project toll-
free number is 1-866-717-7473 (United States and Canada).
