Thursday, February 12, 2009

Environmental Federal Register, Vol. 74, No. 28, February 12, 2009

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Federal Register
Vol. 74, No. 28
Thursday, February 12, 2009
 
 
There are 6 announcements in this issue
 
    1. AIR - PR/Public hearing & comment extension. EPA. Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision
 
    2. AIR, CLIMATE - ND/Hearing & comment. EPA. California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Regulations; Reconsideration of Previous Denial of a Waiver of Preemption
 
    3. ALL - NM. EPA. EPA Science Advisory Board Staff Office; Notification of a Public Teleconference Meeting of the Chartered Science Advisory Board
 
    4. LAND - ND. OMB. Recommendations From the Metropolitan and Micropolitan Statistical Area Standards Review Committee to the Office of Management and Budget Concerning Changes to the 2000 Standards for Defining Metropolitan and Micropolitan Statistical Areas
 
    5. TOXICS - FRI. CPSC. Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule
 
    6. TOXICS - PR/Withdrawal. CPSC. Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule
   
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 - PR/Public hearing & comment extension. EPA. Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Proposed Rules]              
[Page 7027-7029]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2007-0956; FRL-8772-8]
RIN-2060-AO63

Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient
Air Quality Standard: Revision on Subpart 1 Area Reclassification and
Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard;
Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing and extension of comment period.

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

SUMMARY: The EPA is announcing a public hearing to be held for the
proposed rule ``Proposed Rule to Implement the 1997 8-Hour Ozone
National Ambient Air Quality Standard: Revision on Subpart 1 Area
Reclassification and Anti-Backsliding Provisions Under Former 1-Hour
Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard
Provision'' which published in the Federal Register on January 16,
2009. The hearing will be held in Washington, DC, on Monday, March 2,
2009.
    EPA is also announcing an extension of the public comment period on
our proposed rule. EPA is extending the comment period that originally
ends on February 17, 2009. The extended comment period will close on
April 1, 2009.
    In this notice of proposed rulemaking, EPA proposed to revise the
rule for implementing the 1997 8-hour ozone national ambient air
quality standard (NAAQS) for several of the limited portions of the
rule vacated by the U.S. Circuit Court of Appeals for the District of
Columbia. The proposal addresses the classification system for the
subset of initial 8-hour ozone nonattainment areas that the
implementation rule originally covered under Clean Air Act (CAA) title
I, part D, subpart 1. The proposal also addresses how 1-hour ozone
contingency measures that apply for failure to attain or make
reasonable progress toward attainment of the 1-hour standard should
apply under the anti-backsliding provisions of the implementation rule.
In addition, the proposal removes language relating to the vacated
provisions of the rule that provided exemptions from the requirements
of nonattainment new source review (NSR) and CAA section 185 penalty
fees under the 1-hour standard. The public hearing will provide
interested parties the opportunity to present data, views, or arguments
concerning these proposed changes.

DATES: Public Hearing. The public hearing will be held on March 2,
2009.
    Comments. Comments must be received on or before April 1, 2009.

ADDRESSES: Public Hearing. The hearing will be held at U.S.
Environmental Protection Agency, EPA East, Room 1153, 1200 Pennsylvania
Avenue, Washington, DC 20004. The public hearing will start at 10 a.m.
and end at 3 p.m. Because this hearing is being held at U.S. government
facilities, everyone planning to attend the hearing should be prepared
to show valid picture identification to the security staff in order to
gain access to the meeting room. In addition, you will need to obtain a
property pass for any personal belongings you bring with you. Upon
leaving the building, you will be required to return this property pass
to the security desk. No large signs will be allowed in the building,
cameras may only be used inside the classroom and outside of the
building and demonstrations will not be allowed on Federal property for
security reasons.
    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0956, 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 and Radiation Docket and Information Center,
Attention Docket ID No. EPA-HQ-OAR-2007-0956, Environmental Protection
Agency, 1301 Constitution Ave., NW., Washington, DC 20460. Mail Code:
2822T. Please include two copies if possible.
    Hand Delivery: Air and Radiation Docket and Information
Center, Attention Docket ID No. EPA-HQ-OAR-2007-0956, Environmental
Protection Agency in the EPA Headquarters Library, Room Number 3334 in
the EPA West Building, located at 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation will
be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through
Friday, Air and Radiation Docket and Information Center. . .   
    The EPA Web site for the rulemaking, which includes the proposal
and information about the public hearing, can be found at: http://
www.epa.gov/ttn/naaqs/ozone/o3imp8hr/
.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the
public hearing, please contact Ms. Pamela Long, U.S. Environmental
Protection Agency, OAQPS, Air Quality Planning Division, (C504-03),
Research Triangle Park, NC 27711, telephone (919) 541-0641, fax number
(919) 541-5509, e-mail address long.pam@epa.gov no later than February
27, 2009. If you have any questions on the public hearing, please
contact Ms. Long at the above number.
    Questions concerning the January 16, 2009, proposed rule should be
addressed to Mr. John Silvasi, U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Policy Division, (C539-01), Research
Triangle Park, NC 27711, telephone number (919) 541-5666, e-mail at
silvasi.john@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR, CLIMATE - ND/Hearing & comment. EPA. California State Motor Vehicle Pollution Control Standards; Greenhouse Gas Regulations; Reconsideration of Previous Denial of a Waiver of Preemption
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Notices]              
[Page 7040-7042]

ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-8772-7]

California State Motor Vehicle Pollution Control Standards;
Greenhouse Gas Regulations; Reconsideration of Previous Denial of a
Waiver of Preemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice for public hearing and comment.

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

SUMMARY: The Clean Air Act preempts States from adopting emission
standards for new motor vehicles and motor vehicle engines but requires
EPA to waive this preemption for California unless EPA makes certain
findings. Acting at the direction of the California legislature, the
California Air Resources Board (CARB) adopted greenhouse gas emission
regulations for passenger cars, light-duty trucks and medium-duty
passenger vehicles beginning with the 2009 model year. By letter dated
December 21, 2005, CARB submitted a request that EPA grant a waiver for
these regulations. EPA denied this request on March 6, 2008. EPA
believes that there are significant issues regarding the
Agency's denial of the waiver. The denial was a substantial departure
from EPA's longstanding interpretation of the Clean Air Act's waiver
provisions and the history of granting waivers to California for its
new motor vehicle emission program. Many different parties--including
California, States that have adopted or are interested in adopting
California's standards, members of Congress, scientists, and other
stakeholders--have expressed similar concerns about the denial of the
waiver. EPA believes there is merit to reconsidering its decision
denying California's waiver. Therefore, this Federal Register notice
initiates such reconsideration, and announces a public hearing
concerning California's request and a re-opening of the written comment
period.

DATES: A public hearing concerning this reconsideration will be held on
March 5, 2009, beginning at 9:30 a.m. Any party planning to present
oral testimony should notify EPA by March 2, 2009, expressing its
interest. Any party may submit written comments by April 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0173, 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. Environmental Protection Agency, EPA West (Air
Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2006-0173.
Please include a total of two copies.
    Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. . .     
    Parties wishing to present oral testimony at the public hearing
should provide notice to the contact person listed below. EPA will hold
the public hearing at the EPA Potomac Yard Conference Center, 2777
Crystal Drive, Room S-1204, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division (6405J), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Telephone:
(202) 343-9256, Fax: (202) 343-2804, e-mail address:
Dickinson.David@EPA.GOV.
 
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ANNOUNCEMENT 3


Subject: ALL - NM. EPA. EPA Science Advisory Board Staff Office; Notification of a Public Teleconference Meeting of the Chartered Science Advisory Board
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Notices]              
[Page 7046]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8772-6]

EPA Science Advisory Board Staff Office; Notification of a Public
Teleconference Meeting of the Chartered Science Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public teleconference meeting of the Chartered Science Advisory Board
to discuss a draft letter on science needs for EPA.

DATES: The meeting date is Thursday, March 5, 2009, from 2 p.m. to 4
p.m. (Eastern Time).
    Location: The meeting will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain general information concerning this public teleconference
meeting should contact Mr. Thomas O. Miller, Designated Federal Officer
(DFO), EPA Science Advisory Board (1400F), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; via telephone/voice mail: (202) 343-9982; fax:
(202) 233-0643; or e-mail at miller.tom@epa.gov. General information
concerning the EPA Science Advisory Board can be found on the SAB Web
site at: http://www.epa.gov/sab.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: LAND - ND. OMB. Recommendations From the Metropolitan and Micropolitan Statistical Area Standards Review Committee to the Office of Management and Budget Concerning Changes to the 2000 Standards for Defining
Metropolitan and Micropolitan Statistical Areas
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Notices]              
[Page 7171-7177]

OFFICE OF MANAGEMENT AND BUDGET

Recommendations From the Metropolitan and Micropolitan
Statistical Area Standards Review Committee to the Office of Management
and Budget Concerning Changes to the 2000 Standards for Defining
Metropolitan and Micropolitan Statistical Areas

AGENCY: Executive Office of the President, Office of Management and
Budget (OMB), Office of Information and Regulatory Affairs.

ACTION: Notice and request for comment.

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

SUMMARY: Under the authority of the Budget and Accounting Procedures
Act of 1950 (31 U.S.C. 1104(d)) and the Paperwork Reduction Act of 1995
(44 U.S.C. 3504(e)), the Office of Management and Budget (OMB) requests
public comment on the recommendations it has received from the
Metropolitan and Micropolitan Statistical Area Standards Review
Committee for changes to OMB's metropolitan and micropolitan
statistical area standards. The committee's report and recommendations,
which are published in their entirety in the Appendix, follow from
study of the 2000 standards, published by OMB in the December 27, 2000
Federal Register (65 FR 82227-82238). The committee's work is a key
element in OMB's review that will culminate in publication of the 2010
statistical area standards for the next decade. (Decisions on changes
to the metropolitan and micropolitan statistical area standards will
not affect the collection, tabulation, and publication of data from the
2010 Census and other current Federal data collections for geographic
areas such as states, counties, county subdivisions, and
municipalities.)
    Request for Comments: OMB is seeking comments only on the specific
recommendations of the committee for revising the 2000 standards. In
addition, OMB would welcome comments on the wording of the recommended
2010 standards to help ensure their clarity and understandability.
Comments submitted in response to this notice may be made available to
the public, including by posting them on OMB's Web site. For this
reason, please do not include in your comments information of a
confidential nature, such as sensitive personal information or
proprietary information.
    Electronic Availability: This notice is available on the Internet
from the OMB Web site at http://www.whitehouse.gov/omb/fedreg/
2009.aspx
. Federal Register notices are also available electronically
from the U.S. Government Printing Office Web site at http://
www.gpoaccess.gov/fr/index.html
.

DATES: To ensure consideration during the decision-making process, OMB
must receive all comments in writing on or before April 13, 2009.

ADDRESSES: Comments may be sent to: Katherine K. Wallman, Chief
Statistician, Office of Management and Budget, Room 10201 New Executive
Office Building, Washington, DC 20503, telephone number (202) 395-3093,
fax number (202) 395-7245. E-mail comments may be sent to
2010MetroAreas@omb.eop.gov with the subject 2010 MetroAreas, or via
http://www.regulations.gov_a Federal E-Government Web site that allows
the public to find, review, and submit comments on documents that
agencies have published in the Federal Register and that are open for
comment. Simply type ``2010 MetroAreas'' (in quotes) in the Comment or
Submission search box, click Go, and follow the instructions for
submitting comments. Comments received with subject ``2010 MetroAreas''
by the date specified above will be included as part of the official
record.
    Because of delays in the receipt of regular mail due to security
screening, you are encouraged to use electronic communications to
transmit your comments to ensure timely receipt.

FOR FURTHER INFORMATION CONTACT: James D. Fitzsimmons, Chair,
Metropolitan and Micropolitan Statistical Area Standards Review
Committee, telephone number (301) 763-1465; or E-mail
pop.fr.notice@census.gov.

 
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ANNOUNCEMENT 5


Subject: TOXICS - FRI. CPSC. Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Rules and Regulations]              
[Page 6990-6993]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

Children's Products Containing Lead; Exemptions for Certain
Electronic Devices; Interim Final Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Interim final rule.

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

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
issuing an interim final rule concerning certain electronic devices for
which it is not technologically feasible to meet the lead limits as
required under section 101 of the Consumer Product Safety Improvement
Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. By notice
published elsewhere in today's Federal Register, the Commission is
withdrawing the proposed rule on exemptions for certain electronic
devices published in the Federal Register on January 15, 2009, 74 FR
2435.

DATES: This interim final rule is effective February 10, 2009. Comments
must be in writing and should be submitted by March 16, 2009.

ADDRESSES: Comments should be e-mailed to
Sec101ElectronicDevices@cpsc.gov. Comments should be captioned
``Section 101 Electronic Devices Interim Rule.'' Comments may also be
mailed, preferably in five copies, to the Office of the Secretary,
Consumer Product Safety Commission, Room 502, 4330 East West Highway,
Bethesda, Maryland 20814, or delivered to the same address (telephone
(301) 504-7923). Comments also may be filed by facsimile to (301) 504-
0127.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD., M.P.H.,
Directorate for Health Sciences, Consumer Product Safety Commission,
4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-
7254, e-mail khatlelid@cpsc.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - PR/Withdrawal. CPSC. Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule
 
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Proposed Rules]              
[Page 7021]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

Children's Products Containing Lead; Exemptions for Certain
Electronic Devices; Withdrawal of Proposed Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Withdrawal of proposed rule.

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

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
withdrawing the proposed rule published in the Federal Register on
January 15, 2009, 74 FR 2435, concerning certain children's electronic
devices for which it is not technologically feasible to meet the lead
limits as required under section 101 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016.
The Commission is issuing an interim final rule on exemptions for
certain children's electronic devices which is published elsewhere in
today's Federal Register.

DATES: As of February 10, 2009, the CPSC withdraws the proposed rule on
exemptions for certain electronic devices published on January 15,
2009, at 74 FR 2435.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD, M.P.H.,
Directorate for Health Sciences, Consumer Product Safety Commission,
4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-
7254, e-mail khatlelid@cpsc.gov.

 
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