Federal Register
Vol. 74, No. 218
Friday, November 13, 2009
Vol. 74, No. 218
Friday, November 13, 2009
There are 5 announcements in this issue
1. AIR - FR. EPA. Air Quality Designations for the 2006 24-Hour Fine Particle
(PM2.5 ) National Ambient Air Quality Standards
(PM
2. WATER - FR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Rule--Amendments
Countermeasure (SPCC) Rule--Amendments
3. AIR - ANPR/Comment Extension. EPA. Emissions Factors Program Improvements
4. ALL - NM. EPA. NACEPT Subcommittee on Promoting Environmental Stewardship
5. ALL - PR/Comment Request. Council on Environmental Quality. Revision of Freedom of Information Act Regulations
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. Air Quality Designations for the 2006 24-Hour Fine Particle
(PM
[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Rules and Regulations]
[Page 58687-58781]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2007-0562; FRL-8969-2]
RIN-2060-AP27
Air Quality Designations for the 2006 24-Hour Fine Particle
(PM2.5 ) National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes the initial air quality designations for
most areas in the United States (U.S.), including Indian Country, for
the 2006 24-hour fine particle (PM2.5 ) National Ambient Air
Quality Standards (NAAQS). Through these designations, EPA is
identifying areas that meet or violate these NAAQS. In particular, EPA
is identifying the geographic boundaries of areas that violate, or
contribute to violations of, the 2006 24-hour PM2.5 NAAQS.
This is an important step toward providing the public health and
welfare protections of the 2006 24-hour PM2.5 NAAQS. The
Clean Air Act (CAA) requires states with areas designated nonattainment
to undertake certain planning and pollution control activities within
these areas in order to attain the standards as quickly as reasonably
possible. Designating areas also helps citizens know whether the air
quality where they live and work is healthful or unhealthful. Health
studies have shown significant associations between exposure to
PM2.5 and premature death from heart and lung disease.
PM2.5 can also aggravate heart and lung diseases and has
been linked to effects such as cardiovascular symptoms, cardiac
arrhythmias, heart attacks, respiratory symptoms, asthma attacks, and
bronchitis. These effects can result in increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity days. Individuals that may be particularly sensitive to
PM2.5 exposure include people with heart or lung disease,
older adults, and children.
DATES: Effective Date: The effective date of this rule is December 14,
2009.
ADDRESSES: The EPA has established a docket for this action under
Docket ID NO. EPA-HQ-OAR-2007-0562. All documents in the docket are
listed in the index at http://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
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 in the docket or in hard
copy at the 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 Office of Air and Radiation Docket and
Information Center is (202) 566-1742.
In addition, EPA has established a Web Site for this rulemaking at:
http://www.epa.gov/pmdesignations/2006standards/index.htm. The Web site
includes EPA's final state and tribal designations, as well as state
initial recommendation letters, EPA modification letters, technical
support documents, responses to comments and other related technical
information.
FOR FURTHER INFORMATION CONTACT: Amy Vasu, Office of Air Quality
Planning and Standards, U. S. Environmental Protection Agency, Mail
Code C539-01, Research Triangle Park, NC, 27711, phone number (919)
541-0107 or by e-mail at: vasu.amy@epa.gov or Rich Damberg, Office of
Air Quality Planning and Standards, U. S. Environmental Protection
Agency, Mail Code C539-01, Research Triangle Park, NC, 27711, phone
number (919) 541-5592 or by e-mail at: damberg.rich@epa.gov.
[Rules and Regulations]
[Page 58687-58781]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2007-0562; FRL-8969-2]
RIN-2060-AP27
Air Quality Designations for the 2006 24-Hour Fine Particle
(PM
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes the initial air quality designations for
most areas in the United States (U.S.), including Indian Country, for
the 2006 24-hour fine particle (PM
Quality Standards (NAAQS). Through these designations, EPA is
identifying areas that meet or violate these NAAQS. In particular, EPA
is identifying the geographic boundaries of areas that violate, or
contribute to violations of, the 2006 24-hour PM
This is an important step toward providing the public health and
welfare protections of the 2006 24-hour PM
Clean Air Act (CAA) requires states with areas designated nonattainment
to undertake certain planning and pollution control activities within
these areas in order to attain the standards as quickly as reasonably
possible. Designating areas also helps citizens know whether the air
quality where they live and work is healthful or unhealthful. Health
studies have shown significant associations between exposure to
PM
PM
been linked to effects such as cardiovascular symptoms, cardiac
arrhythmias, heart attacks, respiratory symptoms, asthma attacks, and
bronchitis. These effects can result in increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity days. Individuals that may be particularly sensitive to
PM
older adults, and children.
DATES: Effective Date: The effective date of this rule is December 14,
2009.
ADDRESSES: The EPA has established a docket for this action under
Docket ID NO. EPA-HQ-OAR-2007-0562. All documents in the docket are
listed in the index at http://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
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 in the docket or in hard
copy at the 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 Office of Air and Radiation Docket and
Information Center is (202) 566-1742.
In addition, EPA has established a Web Site for this rulemaking at:
http://www.epa.gov/pmdesignations/2006standards/index.htm. The Web site
includes EPA's final state and tribal designations, as well as state
initial recommendation letters, EPA modification letters, technical
support documents, responses to comments and other related technical
information.
FOR FURTHER INFORMATION CONTACT: Amy Vasu, Office of Air Quality
Planning and Standards, U. S. Environmental Protection Agency, Mail
Code C539-01, Research Triangle Park, NC, 27711, phone number (919)
541-0107 or by e-mail at: vasu.amy@epa.gov or Rich Damberg, Office of
Air Quality Planning and Standards, U. S. Environmental Protection
Agency, Mail Code C539-01, Research Triangle Park, NC, 27711, phone
number (919) 541-5592 or by e-mail at: damberg.rich@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: WATER - FR. EPA. Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Rule--Amendments
[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Rules and Regulations]
[Page 58783-58832]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
[EPA-HQ-OPA-2007-0584; FRL-8979-8]
RIN 2050-AG16
Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Rule--Amendments
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 5, 2008, EPA amended the Spill Prevention Control,
and Countermeasures (SPCC) rule to provide increased clarity with
respect to specific regulatory requirements, to tailor requirements to
particular industry sectors, and to streamline certain rule
requirements. The Agency subsequently delayed the effective date of
these amendments to January 14, 2010, to allow the Agency time to
review the amendments to ensure that they properly reflect
consideration of all relevant facts. EPA also requested public comment
on the delay of the effective date and its duration, and on the
December 2008 amendments. Having reviewed the record for the amendments
and the additional comments, EPA has decided to make only limited
changes to the amendments. With respect to the majority of the December
amendments, EPA is either taking no action or providing minor technical
corrections. EPA is, however, removing the following provisions in the
December 2008 amendments: the exclusion of farms and oil production
facilities from the loading/unloading rack requirements; the exemption
for produced water containers at an oil production facility; and the
alternative qualified facility eligibility criteria for an oil
production facility.
DATES: This final rule is effective on January 14, 2010.
ADDRESSES: The public docket for this rulemaking, Docket ID No. EPA-HQ-
OPA-2007-0584, contains the information related to this rulemaking,
including the response to comment document. All documents in the docket
are listed in the index at http://www.regulations.gov. Although listed
in the index, some information may not be publicly available, such as
Confidential Business Information (CBI) or other information the
disclosure of which 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 at http://www.regulations.gov or in hard copy at the EPA
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 of the Public Reading Room is 202-566-1744, and the telephone
number to make an appointment to view the docket is 202-566-0276.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information on specific aspects of this final rule, contact
either Vanessa E. Principe at 202-564-7913 (principe.vanessa@epa.gov),
or Mark W. Howard at 202-564-1964 (howard.markw@epa.gov), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC, 20460-0002, Mail Code 5104A.
[Rules and Regulations]
[Page 58783-58832]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
[EPA-HQ-OPA-2007-0584; FRL-8979-8]
RIN 2050-AG16
Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure (SPCC) Rule--Amendments
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 5, 2008, EPA amended the Spill Prevention Control,
and Countermeasures (SPCC) rule to provide increased clarity with
respect to specific regulatory requirements, to tailor requirements to
particular industry sectors, and to streamline certain rule
requirements. The Agency subsequently delayed the effective date of
these amendments to January 14, 2010, to allow the Agency time to
review the amendments to ensure that they properly reflect
consideration of all relevant facts. EPA also requested public comment
on the delay of the effective date and its duration, and on the
December 2008 amendments. Having reviewed the record for the amendments
and the additional comments, EPA has decided to make only limited
changes to the amendments. With respect to the majority of the December
amendments, EPA is either taking no action or providing minor technical
corrections. EPA is, however, removing the following provisions in the
December 2008 amendments: the exclusion of farms and oil production
facilities from the loading/unloading rack requirements; the exemption
for produced water containers at an oil production facility; and the
alternative qualified facility eligibility criteria for an oil
production facility.
DATES: This final rule is effective on January 14, 2010.
ADDRESSES: The public docket for this rulemaking, Docket ID No. EPA-HQ-
OPA-2007-0584, contains the information related to this rulemaking,
including the response to comment document. All documents in the docket
are listed in the index at http://www.regulations.gov. Although listed
in the index, some information may not be publicly available, such as
Confidential Business Information (CBI) or other information the
disclosure of which 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 at http://www.regulations.gov or in hard copy at the EPA
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 of the Public Reading Room is 202-566-1744, and the telephone
number to make an appointment to view the docket is 202-566-0276.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information on specific aspects of this final rule, contact
either Vanessa E. Principe at 202-564-7913 (principe.vanessa@epa.gov),
or Mark W. Howard at 202-564-1964 (howard.markw@epa.gov), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC, 20460-0002, Mail Code 5104A.
ANNOUNCEMENT 3
Subject: AIR - ANPR/Comment Extension. EPA. Emissions Factors Program Improvements
[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Proposed Rules]
[Page 58574-58575]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[EPA-HQ-OAR-2009-0174; FRL-8980-8]
RIN 2060-AP63
Emissions Factors Program Improvements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advanced notice of proposed rulemaking (ANPRM); extension of
public comment period.
-----------------------------------------------------------------------
SUMMARY: On October 14, 2009, EPA published an Emissions Factors
Program Improvements ANPRM to convey issues raised by stakeholders
about the program, inform the public of our initial ideas to address
these issues, and solicit comments on our current thinking to resolve
these issues. EPA has received several requests from stakeholders to
grant additional time to provide comments on the ANPRM. Given that EPA
published the ANPRM specifically to obtain public comments on the
emissions factors program and the potential improvements to the
program, EPA finds this request to be reasonable. Thus, the comment
period is being extended 30 additional days to December 14, 2009.
DATES: Comments must now be received on or before December 14, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0174, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (2822T), Emissions Factors Program Improvements Advanced Notice
of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-OAR-2009-0174, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (2822T), Emissions Factors Program Improvements
Advanced Notice of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-
OAR-2009-0174, EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. Please include a total of two
copies.
FOR FURTHER INFORMATION CONTACT: Questions concerning the ANPRM should
be addressed to Mr. Thomas Driscoll, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Measurement Policy
Group (D243-05), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number: (919) 541-5135; fax number:
(919) 541-1039; e-mail address: driscoll.tom@epa.gov.
[Proposed Rules]
[Page 58574-58575]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[EPA-HQ-OAR-2009-0174; FRL-8980-8]
RIN 2060-AP63
Emissions Factors Program Improvements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advanced notice of proposed rulemaking (ANPRM); extension of
public comment period.
-----------------------------------------------------------------------
SUMMARY: On October 14, 2009, EPA published an Emissions Factors
Program Improvements ANPRM to convey issues raised by stakeholders
about the program, inform the public of our initial ideas to address
these issues, and solicit comments on our current thinking to resolve
these issues. EPA has received several requests from stakeholders to
grant additional time to provide comments on the ANPRM. Given that EPA
published the ANPRM specifically to obtain public comments on the
emissions factors program and the potential improvements to the
program, EPA finds this request to be reasonable. Thus, the comment
period is being extended 30 additional days to December 14, 2009.
DATES: Comments must now be received on or before December 14, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0174, by one of the following methods:
instructions for submitting comments.
Center (2822T), Emissions Factors Program Improvements Advanced Notice
of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-OAR-2009-0174, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
to: EPA Docket Center (2822T), Emissions Factors Program Improvements
Advanced Notice of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-
OAR-2009-0174, EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. Please include a total of two
copies.
FOR FURTHER INFORMATION CONTACT: Questions concerning the ANPRM should
be addressed to Mr. Thomas Driscoll, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Measurement Policy
Group (D243-05), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number: (919) 541-5135; fax number:
(919) 541-1039; e-mail address: driscoll.tom@epa.gov.
ANNOUNCEMENT 4
Subject: ALL - NM. EPA. NACEPT Subcommittee on Promoting Environmental Stewardship
[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Notices]
[Page 58626]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8980-9]
NACEPT Subcommittee on Promoting Environmental Stewardship
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Advisory Committee Act, Public Law 92-463,
EPA gives notice of a meeting of the NACEPT Subcommittee on Promoting
Environmental Stewardship.
The purpose of the Subcommittee on Promoting Environmental
Stewardship (SPES) of the National Advisory Council for Environmental
Policy and Technology (NACEPT) is to advise the U.S. Environmental
Protection Agency on how to promote environmental stewardship practices
that encompass all environmental aspects of an organization in the
regulated community and other sectors, as appropriate, in order to
enhance human health and environmental protection. A copy of the
meeting agenda will be posted at http://epa.gov/ncei/dialogue.htm. This
Web site also includes the charge of the SPES, which provides further
information about the purpose of the Subcommittee.
The meeting agenda will focus on the Subcommittee's potential
recommendations to the Agency on how to promote environmental
stewardship.
DATES: The NACEPT Subcommittee on Promoting Environmental Stewardship
will hold an open meeting on December 1 (8 a.m.-5 p.m.) and December 2,
2009 8 a.m.-5 p.m.) Eastern.
ADDRESSES: The Westin Arlington Gateway, 801 North Glebe Road,
Arlington, VA 22203, Ballroom B (second floor). (two blocks from
Ballston Metro Station.)
FOR FURTHER INFORMATION CONTACT: Regina Langton, Designated Federal
Officer, langton.regjna@epa.gov, 202-566-2178, U.S. EPA Office of
Policy, Economics, and Innovation (MC1807T), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
[Notices]
[Page 58626]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8980-9]
NACEPT Subcommittee on Promoting Environmental Stewardship
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Advisory Committee Act, Public Law 92-463,
EPA gives notice of a meeting of the NACEPT Subcommittee on Promoting
Environmental Stewardship.
The purpose of the Subcommittee on Promoting Environmental
Stewardship (SPES) of the National Advisory Council for Environmental
Policy and Technology (NACEPT) is to advise the U.S. Environmental
Protection Agency on how to promote environmental stewardship practices
that encompass all environmental aspects of an organization in the
regulated community and other sectors, as appropriate, in order to
enhance human health and environmental protection. A copy of the
meeting agenda will be posted at http://epa.gov/ncei/dialogue.htm. This
Web site also includes the charge of the SPES, which provides further
information about the purpose of the Subcommittee.
The meeting agenda will focus on the Subcommittee's potential
recommendations to the Agency on how to promote environmental
stewardship.
DATES: The NACEPT Subcommittee on Promoting Environmental Stewardship
will hold an open meeting on December 1 (8 a.m.-5 p.m.) and December 2,
2009 8 a.m.-5 p.m.) Eastern.
ADDRESSES: The Westin Arlington Gateway, 801 North Glebe Road,
Arlington, VA 22203, Ballroom B (second floor). (two blocks from
Ballston Metro Station.)
FOR FURTHER INFORMATION CONTACT: Regina Langton, Designated Federal
Officer, langton.regjna@epa.gov, 202-566-2178, U.S. EPA Office of
Policy, Economics, and Innovation (MC1807T), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
ANNOUNCEMENT 5
Subject: ALL - PR/Comment Request. Council on Environmental Quality. Revision of Freedom of Information Act Regulations
[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Proposed Rules]
[Page 58576-58584]
COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Part 1515
RIN 0331-ZA01
Revision of Freedom of Information Act Regulations
AGENCY: Council on Environmental Quality.
ACTION: Notice of proposed rulemaking and opportunity for comment.
-----------------------------------------------------------------------
SUMMARY: The Council on Environmental Quality (CEQ) is proposing to
amend its Freedom of Information Act (FOIA) regulations to reflect its
current policy and practice and to implement changes to the FOIA. These
proposed regulations reaffirm CEQ's commitment to providing the fullest
possible disclosure of records to the public. The proposal provides for
an online FOIA Requester Service Center and Reading Room; electronic
FOIA requests; access to records published or released under FOIA in
electronic format, provided the record is readily reproducible in that
form or format; designation of a Chief FOIA Officer and FOIA Public
Liaison; referral of requests to appropriate Federal agencies or
consultation with another agency, if appropriate; review of requests in
order of receipt; multi-tracking of FOIA requests based on the amount
of time and work involved in processing requests; revision of CEQ's
initial determination period from 10 days to 20 days, beginning on the
date CEQ receives a written request; assignment of individualized
tracking numbers for certain requests; tolling of the time limit CEQ
has to act on a request; expedited processing of FOIA requests upon a
showing of compelling need; CEQ consultations with a requester to
determine if a FOIA request may be modified to allow for a timely
response, or to arrange an alternative timeframe for a response;
informing the requester of the volume of requested material withheld
and the extent of deletions in records released in response to a FOIA
request; reduction in time for appeal from 45 to 30 days of denial of a
request; extension of the time limit to respond to a request in
``unusual circumstances''; and aggregation of clearly related requests
by a single requester or group of requesters. Further, CEQ's fee
structure is revised to include a method for computing fees based upon
the classification of the requester and the base pay of the employee
making the search, an increase of copying costs from $0.10 to $0.15 per
page, and a provision for waiving fees. Additional
administrative changes including reorganizing, renumbering, and
renaming of the FOIA subsections and updating addresses and telephone
numbers are also proposed.
DATES: Comments due on or before December 14, 2009.
ADDRESSES: All comments concerning the proposed rule must be submitted
in either electronic or written form. Electronic mail comments should
be sent to efoia@ceq.eop.gov and should include in the body of the e-
mail message the commenter's full name and postal service address.
Written comments should be addressed and mailed to Edward A. Boling,
Chief FOIA Officer, Council on Environmental Quality, 722 Jackson
Place, NW., Washington, DC 20503. Faxed comments should be sent to
(202) 456-0753. Copies of all communications received will be available
for public inspection and copying at the address above.
FOR FURTHER INFORMATION CONTACT: Elizabeth Moss, FOIA Coordinator, 722
Jackson Place, NW., Washington, DC 20503 or (202) 456-6550.
[Proposed Rules]
[Page 58576-58584]
COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Part 1515
RIN 0331-ZA01
Revision of Freedom of Information Act Regulations
AGENCY: Council on Environmental Quality.
ACTION: Notice of proposed rulemaking and opportunity for comment.
-----------------------------------------------------------------------
SUMMARY: The Council on Environmental Quality (CEQ) is proposing to
amend its Freedom of Information Act (FOIA) regulations to reflect its
current policy and practice and to implement changes to the FOIA. These
proposed regulations reaffirm CEQ's commitment to providing the fullest
possible disclosure of records to the public. The proposal provides for
an online FOIA Requester Service Center and Reading Room; electronic
FOIA requests; access to records published or released under FOIA in
electronic format, provided the record is readily reproducible in that
form or format; designation of a Chief FOIA Officer and FOIA Public
Liaison; referral of requests to appropriate Federal agencies or
consultation with another agency, if appropriate; review of requests in
order of receipt; multi-tracking of FOIA requests based on the amount
of time and work involved in processing requests; revision of CEQ's
initial determination period from 10 days to 20 days, beginning on the
date CEQ receives a written request; assignment of individualized
tracking numbers for certain requests; tolling of the time limit CEQ
has to act on a request; expedited processing of FOIA requests upon a
showing of compelling need; CEQ consultations with a requester to
determine if a FOIA request may be modified to allow for a timely
response, or to arrange an alternative timeframe for a response;
informing the requester of the volume of requested material withheld
and the extent of deletions in records released in response to a FOIA
request; reduction in time for appeal from 45 to 30 days of denial of a
request; extension of the time limit to respond to a request in
``unusual circumstances''; and aggregation of clearly related requests
by a single requester or group of requesters. Further, CEQ's fee
structure is revised to include a method for computing fees based upon
the classification of the requester and the base pay of the employee
making the search, an increase of copying costs from $0.10 to $0.15 per
page, and a provision for waiving fees. Additional
administrative changes including reorganizing, renumbering, and
renaming of the FOIA subsections and updating addresses and telephone
numbers are also proposed.
DATES: Comments due on or before December 14, 2009.
ADDRESSES: All comments concerning the proposed rule must be submitted
in either electronic or written form. Electronic mail comments should
be sent to efoia@ceq.eop.gov and should include in the body of the e-
mail message the commenter's full name and postal service address.
Written comments should be addressed and mailed to Edward A. Boling,
Chief FOIA Officer, Council on Environmental Quality, 722 Jackson
Place, NW., Washington, DC 20503. Faxed comments should be sent to
(202) 456-0753. Copies of all communications received will be available
for public inspection and copying at the address above.
FOR FURTHER INFORMATION CONTACT: Elizabeth Moss, FOIA Coordinator, 722
Jackson Place, NW., Washington, DC 20503 or (202) 456-6550.
