Monday, December 14, 2009

Environmental Federal Register, Vol. 74, No. 237, December 11, 2009

Federal Register
Vol. 74, No. 237
Friday, December 11, 2009
 
 
There are 6 announcements in this issue
 
    1. AIR - FRI. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final Rule; Stay
 
    2. AIR - PR. EPA. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010
 
    3. TRANSPORT - ND. EPA. Environmental Impacts Statements; Notice of Availability; [Includes] EIS No. 20090415, Final EIS, FHWA, MI, Detroit Intermodal Freight Terminal (DIFT) Project
 
    4. TOXICS - NM. EPA. Draft Toxicological Review of Trichloroethylene: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
 
    5. ENERGY/Conservation - PR. DOE. Energy Conservation Program: Energy Conservation Standards for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters
 
    6. HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials: Chemical Oxygen Generators   
        

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 - FRI. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final Rule; Stay
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]              
[Page 65692-65696]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014: FRL-9089-4]
RIN 2060-AP73

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final
Rule; Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule; Stay.

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SUMMARY: EPA is making an interim final determination to provide an
additional stay of the regulations concerning the inclusion of fugitive
emissions.

DATES: The amendments to 40 CFR parts 51 and 52 in this rule are
effective from December 31, 2009 through March 31, 2010. Effective
December 31, 2009, the following CFR sections are administratively
stayed until March 31, 2010: 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), (b)(2)(v),
(b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d); 40 CFR part
51, Appendix S, paragraphs II.A.5(vii), II.A.6(iii), II.A.9,
II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a), II.A.30(ii)(a),
II.A.30(iii), II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and
IV.K.4(i)(d); and 40 CFR 52.21, (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0014. 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 Air and Radiation Docket,
EPA West Building, 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 and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Wheeler, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711; telephone number (919) 541-9771; fax number
(919) 541-5509; or e-mail address: wheeler.carrie@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR - PR. EPA. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Proposed Rules]              
[Page 65719-65724]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2009-0566; FRL-9091-6]
RIN-2060-AP59

Protection of Stratospheric Ozone: Allocation of Essential Use
Allowances for Calendar Year 2010

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to allocate essential use allowances for
import and production of Class I ozone-depleting substances (ODSs) for
calendar year 2010. Essential use allowances enable a person to obtain
controlled Class I ODSs through an exemption to the regulatory ban on
the production and import of these chemicals, which became effective as
of January 1, 1996. EPA allocates essential use allowances for
production or import of a specific quantity of Class I substances
solely for the designated essential purpose. The proposed allocation in
this action is 30.0 metric tons (MT) of chlorofluorocarbons (CFCs) for
use in metered dose inhalers (MDIs) for 2010.

DATES: Written comments on this proposed rule must be received by the
EPA Docket on or before January 11, 2010, unless a public hearing is
requested. Comments must then be received on or before 30 days
following the public hearing. Any party requesting a public hearing
must notify the contact listed below under FOR FURTHER INFORMATION
CONTACT by 5 p.m. Eastern Standard Time on December 16, 2009. If a
hearing is held, it will take place on December 28, 2009 at EPA
headquarters in Washington, DC. EPA will post a notice on our Web site
(http://www.epa.gov/ozone/strathome.html) announcing further
information on the hearing if it is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0566, 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: Air Docket, Environmental Protection Agency,
Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery or Courier: Deliver your comments to: EPA
Air Docket, EPA West, 1301 Constitution Avenue, NW., Room 3334, Mail
Code 2822T, Washington, DC 20460. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: Jennifer Bohman, by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by
courier service or overnight express: 1301 L Street, NW., Room 1047A,
Washington, DC 20005; by telephone: (202) 343-9548; or by e-mail:
bohman.jennifer@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TRANSPORT - ND. EPA. Environmental Impacts Statements; Notice of Availability; [Includes] EIS No. 20090415, Final EIS, FHWA, MI, Detroit Intermodal Freight Terminal (DIFT) Project
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]              
[Page 65773-65774]

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8986-4]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 11/30/2009 Through 12/04/2009.
Pursuant to 40 CFR 1506.9.

EIS No. 20090415, Final EIS, FHWA, MI, Detroit Intermodal Freight
Terminal (DIFT) Project, Proposes Improvement to Intermodal Freight
Terminals in Wayne and Oakland Counties, MI, Wait Period Ends: 01/11/
2010, Contact: David T. Williams 517-702-1820.
 
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ANNOUNCEMENT 4


Subject: TOXICS - NM. EPA. Draft Toxicological Review of Trichloroethylene: In Support of the Summary Information in the Integrated Risk Information System
(IRIS)
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]              
[Page 65775-65776]
ENVIRONMENTAL PROTECTION AGENCY

[FRL-9091-1; Docket ID No. EPA-HQ-ORD-2009-0791]

Draft Toxicological Review of Trichloroethylene: In Support of
the Summary Information in the Integrated Risk Information System
(IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Listening Session.

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SUMMARY: EPA is announcing a listening session to be held on January
12, 2010, during the public comment period for the external review
draft document entitled, ``Toxicological Review of Trichloroethylene:
In Support of Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-09/011A). The draft document was prepared by
the National Center for Environmental Assessment (NCEA) within the
EPA's Office of Research and Development (ORD). This listening session
is a step in EPA's revised IRIS process, announced on May 21, 2009, to
develop human health assessments for inclusion in the IRIS database.
The purpose of the listening session is to allow all interested parties
to present scientific and technical comments on draft IRIS health
assessments to EPA and other interested parties during the public
comment period and before the external peer review meeting. The public
comment period and the EPA Science Advisory Board (SAB) peer-review
workshop, which will be scheduled at a later date and announced in the
Federal Register, are separate processes. EPA welcomes the scientific
and technical comments that will be provided to the Agency by the
listening session participants. The comments will be considered by the
Agency as it revises the draft assessment in response to the
independent external peer review and public comments. All presentations
submitted in accordance with the instructions below will become part of
the official public record.
    The EPA's draft assessment and peer review charge are available via
the Internet on the National Center for Environmental Assessment's
(NCEA) home page under the Recent Additions and Publications menus at
http://www.epa.gov/ncea.

DATES: The listening session on the draft IRIS health assessment for
trichloroethylene will be held on January 12, 2010, beginning at 9 a.m.
and ending at 4 p.m., Eastern Standard Time. If you want to make a
presentation at the listening session, you should register by January
5, 2010, indicate that you wish to make oral comments at the session,
and indicate the length of your presentation. When you register, please
indicate if you will need audio-visual aid (e.g., lap top and slide
projector). In general, each presentation should be no more than 30
minutes. If, however, there are more requests for presentations than
the allotted time allows, then the time limit for each presentation
will be adjusted. A copy of the agenda for the listening session will
be available at the meeting. If no speakers have registered by January
5, 2010, the listening session will be cancelled and EPA will notify
those registered of the cancellation.
    The public comment period for review of this draft assessment was
announced previously in the Federal Register (FR) (74 FR 56834) on
November 3, 2009. As stated in that FR notice, the public comment
period began on November 3, 2009, and ends February 1, 2010. Any
technical comments submitted during the public comment period should be
in writing and must be received by EPA by February 1, 2010. Only those
public comments submitted using the procedures identified in the
November 3, 2009, FR notice by the February 1, 2010, deadline will be
provided to the peer-review panel prior to the SAB peer-review
workshop. The date and logistics for the SAB peer-review meeting will
be announced later in a separate FR notice.
    Listening session participants who want EPA to share their comments
with the external peer reviewers should also submit written comments
during the public comment period using the detailed and established
procedures included in the aforementioned FR notice of November 3,
2009. Comments submitted to the docket prior to the end of the public
comment period will be submitted to the external peer reviewers and
considered by EPA in the disposition of public comments. All comments
must be submitted to the docket, but comments received after the public
comment period closes will not be submitted to the external peer
reviewers.

ADDRESSES: The listening session on the draft trichloroethylene
assessment will be held at the EPA offices at Potomac Yard North, Room
4830N, 2733 South Crystal Drive, Arlington, Virginia, 22202. To attend
the listening session, register by Tuesday, January 5, 2010, via the
internet at https://www2.ergweb.com/projects/conferences/peerreview/
register-tce.htm
. You may also register by e-mail at meetings@erg.com
(subject line: Trichloroethylene Listening Session), by phone: 781-674-
7374 or toll free at 800-803-2833 (ask for Laurie Stamatatos), or by
faxing a registration request to 781-674-2906 (please reference the
``Trichloroethylene Listening Session'' and include your name, title,
affiliation, full address, and contact information).
    Please note that to gain entrance to this EPA building to attend
the meeting, attendees must have photo identification with them and
must register at the guard's desk in the lobby. The guard will retain
your photo identification and will provide you with a visitor's badge.
At the guard's desk, attendees should give the name Christine Ross and
the telephone number, 703-347-8592, to the guard on duty. The guard
will contact Ms. Ross who will meet you in the reception area to escort
you to the meeting room. When you leave the building, please return
your visitor's badge to the guard and you will receive your photo
identification.
    A teleconference line will also be available for registered
attendees/speakers. The teleconference number is 866-299-3188 and the
access code is 926-378-7897, followed by the pound sign ().
The teleconference line will be activated at 8:45 a.m., and you will be
asked to identify yourself and your affiliation at the beginning of the
call.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the ``Trichloroethylene Listening
Session'' and will make every effort to accommodate persons with
disabilities.
For information on access or services for individuals with
disabilities, please contact Christine Ross at 703-347-8592 or
ross.christine@epa.gov. To request accommodation of a disability,
please contact Ms. Ross, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.
 
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ANNOUNCEMENT 5


Subject: ENERGY/Conservation - PR. DOE. Energy Conservation Program: Energy Conservation Standards for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Proposed Rules]              
[Page 65851-65997]

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EE-2006-BT-STD-0129]
RIN 1904-AA90

Energy Conservation Program: Energy Conservation Standards for
Residential Water Heaters, Direct Heating Equipment, and Pool Heaters

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

ACTION: Notice of proposed rulemaking and public meeting.

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

SUMMARY: The Energy Policy and Conservation Act (EPCA) prescribes
energy conservation standards for various consumer products and
commercial and industrial equipment, including residential water
heaters, direct heating equipment (DHE), and pool heaters. EPCA also
requires the U.S. Department of Energy (DOE) to determine whether more
stringent, amended standards for these products would be
technologically feasible and economically justified, and would save a
significant amount of energy. In this notice, DOE is proposing amended
energy conservation standards for residential water heaters (other than
tabletop and electric instantaneous models), gas-fired DHE, and gas-
fired pool heaters. DOE also is announcing a public meeting to receive
comment on these proposed standards and associated analyses and
results.

DATES: DOE will hold a public meeting on Thursday, January 7, 2010,
from 9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to
speak at the public meeting before 4 p.m., Wednesday, December 23,
2009. DOE must receive a signed original and an electronic copy of
statements to be given at the public meeting before 4 p.m., Wednesday,
December 30, 2009.
    DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than February 9, 2010. See section VII, ``Public
Participation,'' of this NOPR for details.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE as soon as possible by contacting Ms.
Brenda Edwards to initiate the necessary procedures.
    Any comments submitted must identify the NOPR for Energy
Conservation Standards for Heating Products, and provide the docket
number EE-2006-BT-STD-0129 and/or regulatory information number (RIN)
number 1904-AA90. Comments may be submitted using any of the following
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
    2. E-mail: ResWaterDirectPoolHtrs@ee.doe.gov. Include docket number
EE-2006-BT-STD-0129 and/or RIN 1904-AA90 in the subject line of the
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please submit one signed paper original.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. Please submit one
signed paper original.
    For detailed instructions on submitting comments and additional
information on the rulemaking process, see section VII of this document
(Public Participation).
    Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: (202) 586-7892. E-mail:
Mohammed.Khan@ee.doe.gov.
    Mr. Eric Stas or Mr. Michael Kido, U.S. Department of Energy,
Office of the General Counsel, GC-72, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone: (202) 586-9507. E-mail:
Eric.Stas@hq.doe.gov or Michael.Kido@hq.doe.gov.
    For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail:
Brenda.Edwards@ee.doe.gov.
 
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ANNOUNCEMENT 6


Subject: HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials: Chemical Oxygen Generators
 
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]              
[Page 65696]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172

[Docket No. PHMSA-2009-0238 (HM-224G)]
RIN 2137-AE49

Hazardous Materials: Chemical Oxygen Generators

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).

ACTION: Final rule; confirmation of effective date.

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SUMMARY: PHMSA is confirming the effective date of its direct final
rule, published under Docket No. PHMSA-2009-0238 (HM-224G) on October
15, 2009, to amend the Hazardous Materials Regulations by revising the
quantity limitation from 25 kg ``gross'' to 25 kg ``net'' for packages
of chemical oxygen generators transported aboard cargo aircraft only.
The direct final rule stated that it would become effective on November
16, 2009 unless an adverse comment or notice of intent to file an
adverse comment was received by November 16, 2009. PHMSA did not
receive any adverse comments or notice of intent to file an adverse
comment to its October 15, 2009 direct final rule.

DATES: The November 16, 2009 effective date of the direct final rule
published on October 15, 2009 (74 FR 52896), is confirmed.

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster, (202) 366-8553, U.S.
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, Office of Hazardous Materials Standards, 1200 New
Jersey Avenue, SE., Washington, DC 20590.

 
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