Tuesday, October 6, 2009

Environmental Federal Register, Vol. 74, No. 192, October 6, 2009

Federal Register
Vol. 74, No. 192
Tuesday, October 6, 2009
 
There are 7 announcements in this issue
 
    1. AIR - FR. EPA. Operating Permit Programs; Flexible Air Permitting Rule
 
    2. AIR, HAZ - FR. EPA. Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
Incinerators
 
    3. ENERGY, CLIMATE, AIR - PR/NM. EPA & DOT. Public Hearing Locations for the Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards
 
    4. ENERGY, CLIMATE - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request for Reformulated Gasoline Commingling Provisions; EPA ICR No. 2228.03; OMB Control No. 2060-0566
 
    5. TOXICS - ND. EPA. Lead Dust Hazard Standards and Definition of Lead-Based Paint; TSCA Section 21 Petition; Notice of Receipt and Request for Comment
 
    6. ALL - ND. EPA. Environmental Laboratory Advisory Board (ELAB) Meeting Dates and Agenda
 
    7. ENERGY - NM. DOC. Department of Commerce: Energy for Manufacturing Roundtable
 
   
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. Operating Permit Programs; Flexible Air Permitting Rule
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]              
[Page 51417-51440]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 70 and 71

[EPA-HQ-OAR-2004-0087; FRL-8964-8]
RIN 2060-AM45

Operating Permit Programs; Flexible Air Permitting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: We are revising the regulations governing State and Federal
operating permit programs required by title V of the Clean Air Act (CAA
or the Act) to promote flexible air permitting (FAP) approaches that
provide greater operational flexibility and, at the same time, ensure
environmental protection and compliance with applicable laws.
    The revisions to our title V regulations consist of adding
definitions for alternative operating scenario (AOS) and approved
replicable methodology (ARM) and codifying some clarifications to
existing provisions. These revisions are intended to clarify and
reaffirm opportunities for accessing operational flexibility under
existing regulations. We are not finalizing any revisions to our
existing minor or major New Source Review (NSR) regulations. In
particular, we are withdrawing that portion of the proposal which
relates to Green Groups and their potential inclusion in NSR programs
required by parts C and D of title I of the Act. Instead, we are
encouraging States and sources to investigate in more depth the
flexibilities currently available under the major NSR regulations.

DATES: This final rule is effective on November 5, 2009.

ADDRESSES: The EPA established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0087. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, e.g., 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 through
http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue,
Northwest, 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: For general issues concerning this
action, please contact Michael Trutna, Air Quality Policy Division
(C504-01), U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone (919) 541-5345; fax number (919) 541-4028; or
electronic mail at trutna.mike@epa.gov.
    For specific issues concerning the pilot permits used to support
this rulemaking, contact David Beck, Office of Policy, Economics, and
Innovation, Innovative Pilots Division (C304-05), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone (919)
541-5421; fax number (919) 541-2664; or electronic mail at
beck.david@epa.gov.
    For issues relating to monitoring, recordkeeping, and reporting for
FAPs, contact Barrett Parker, Sector Policies and Programs Division,
Measurement Policy Group (D243-03), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone 919-541-5635; fax
number (919) 541-1039; or electronic mail at parker.barrett@epa.gov.
    For other part 70 issues, contact Juan Santiago, Operating Permits
Group, Air Quality Policy Division (C504-05), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone (919)
541-1084; fax number (919) 541-5509; or electronic mail at
santiago.juan@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR, HAZ - FR. EPA. Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
Incinerators
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]              
[Page 51367-51415]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0534; FRL-8959-9]
RIN 2060-A004

Standards of Performance for New Stationary Sources and Emissions
Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 15, 1997, EPA adopted new source performance
standards (NSPS) and emissions guidelines (EG) for hospital/medical/
infectious waste incinerators (HMIWI). The NSPS and EG were established
under Sections 111 and 129 of the Clean Air Act (CAA or Act). In a
response to a suit filed by the Sierra Club and the Natural Resources
Defense Council (Sierra Club), the U.S. Court of Appeals for the
District of Columbia Circuit (the Court) remanded the HMIWI regulations
on March 2, 1999, for further explanation of EPA's reasoning in
determining the minimum regulatory ``floors'' for new and existing
HMIWI. The HMIWI regulations were not vacated and were fully
implemented by September 2002. On February 6, 2007, we published our
proposed response to the Court's remand. Following recent court
decisions and receipt of public comments regarding the proposal, we re-
assessed our response to the remand, and on December 1, 2008, we
published another proposed response and solicited public comments. This
action promulgates our response to the Court's remand and also
satisfies the CAA Section 129(a)(5) requirement to conduct a review of
the standards every 5 years.

DATES: The amendments to 40 CFR 60.32e, 60.33e, 60.36e, 60.37e, 60.38e,
60.39e, Table 1A and 1B to subpart Ce, and Tables 2A and 2B to subpart
Ce are effective as of December 7, 2009. The amendments to 40 CFR
60.17, 60.50c, 60.51c, 60.52c, 60.55c, 60.56c, 60.57c, 60.58c, and
Tables 1A and 1B to subpart Ec are effective as of April 6, 2010. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
April 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0534 and Legacy Docket ID No. A-91-61. All
documents in the docket are listed on the http://www.regulations.gov
Web site. 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,
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 EPA
Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Ketan D. Patel, Natural Resources
and Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-9736; fax number: (919) 541-3470; e-
mail address: patel.ketan@epa.gov.
 
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ANNOUNCEMENT 3


Subject: ENERGY, CLIMATE, AIR - PR/NM. EPA & DOT. Public Hearing Locations for the Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Proposed Rules]              
[Page 51252]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 86 and 600

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 531, 533, 537, and 538

[EPA-HQ-OAR-2009-0472; FRL-8966-9; NHTSA-2009-0059]
RIN 2060-AP58; 2127-AK90

Public Hearing Locations for the Proposed Rulemaking To Establish
Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate
Average Fuel Economy Standards

AGENCY: Environmental Protection Agency (EPA) and National Highway
Traffic Safety Administration (NHTSA).

ACTION: Notice of public hearings.

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

SUMMARY: EPA and NHTSA are announcing the location addresses for the
joint public hearings to be held for the ``Proposed Rulemaking to
Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards,'' published in the Federal
Register on September 28, 2009. This joint proposed rulemaking is
consistent with the National Fuel Efficiency Policy announced by
President Obama on May 19, 2009, responding to the country's critical
need to address global climate change and to reduce oil consumption. As
described in the joint proposed rule, EPA is proposing greenhouse gas
emissions standards under the Clean Air Act, and NHTSA is proposing
Corporate Average Fuel Economy standards under the Energy Policy and
Conservation Act, as amended. These standards apply to passenger cars,
light-duty trucks, and medium-duty passenger vehicles, covering model
years 2012 through 2016, and represent a harmonized and consistent
National Program. The joint proposed rule provides the dates, times,
cities, instructions and other information for the public hearings and
these details have not changed.

DATES: NHTSA and EPA will jointly hold three public hearings on the
following dates: October 21, 2009, in Detroit, Michigan, October 23,
2009 in New York, New York, and October 27, 2009 in Los Angeles,
California. The hearings will start at 9 a.m. local time and continue
until everyone has had a chance to speak. If you would like to present
testimony at the public hearings, we ask that you notify the EPA and
NHTSA contact persons listed under FOR FURTHER INFORMATION CONTACT at
least ten days before the hearing.

ADDRESSES: NHTSA and EPA will jointly hold three public hearings at the
following locations: Detroit Metro Airport Marriott, 30559 Flynn Drive,
Romulus, Michigan 48174 on October 21, 2009; New York LaGuardia Airport
Marriott, 102-05 Ditmars Boulevard, East Elmhurst, New York 11369 on
October 23, 2009; and Renaissance Los Angeles Airport Hotel, 9620
Airport Boulevard, Los Angeles, California 90045 on October 27, 2009.
Please see the proposed rule for addresses and detailed instructions
for submitting comments.

FOR FURTHER INFORMATION CONTACT: EPA: Tad Wysor, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734-214-4332; fax number: 734-214-4816; e-mail
address: wysor.tad@epa.gov, or Assessment and Standards Division
Hotline; telephone number (734) 214-4636; e-mail address
asdinfo@epa.gov. NHTSA: Rebecca Yoon, Office of Chief Counsel, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone: (202) 366-2992.
 
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ANNOUNCEMENT 4


Subject: ENERGY, CLIMATE - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request for Reformulated Gasoline Commingling Provisions; EPA ICR No. 2228.03; OMB Control No. 2060-0566
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]              
[Page 51272-51274]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8965-7]

Agency Information Collection Activities; Proposed Collection;
Comment Request for Reformulated Gasoline Commingling Provisions; EPA
ICR No. 2228.03; OMB Control No. 2060-0566

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This
request is to renew an emergency ICR that is scheduled to expire on
December 31, 2009.

DATES: Comments must be submitted on or before December 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0745, by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail: a-and-r-Docket@epa.gov
    Mail: Air Docket, Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Fax or Hand Delivery: EPA's Public Reading Room is located
in Room 3334 of the EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC. Docket hours are Monday through Friday, 8 a.m. until
4:30 p.m., excluding legal holidays. In order to ensure to arrange for
proper fax or hand delivery of materials, please call the Air Docket at
202-566-1742.   

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Office of
Transportation and Air Quality, Transportation and Regional Programs
Division, Mail Code 6406J, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
343-9017; fax number: (202) 343-2801; e-mail address:
heard.geanetta@epa.gov.

 
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ANNOUNCEMENT 5


Subject: TOXICS - ND. EPA. Lead Dust Hazard Standards and Definition of Lead-Based Paint; TSCA Section 21 Petition; Notice of Receipt and Request for Comment
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]              
[Page 51274-51276]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0665; FRL-8793-3]

Lead Dust Hazard Standards and Definition of Lead-Based Paint;
TSCA Section 21 Petition; Notice of Receipt and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that EPA has received a petition from
the National Center for Healthy Housing, Alliance for Healthy Homes,
Sierra Club, et al., (petitioners) on August 10, 2009, and requests
comments on issues raised by the petition. The petition requests, under
section 21 of the Toxic Substances Control Act (TSCA) or, in the
alternative, under 5 U.S.C. 553(c), EPA to lower the regulatory lead
dust standards and modify the regulatory definition of lead-based
paint. EPA must either grant or deny a TSCA section 21 petition within
90 days of filing.

DATES: Comments must be received on or before October 21, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0655, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0655. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
   
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Linter, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov
.
    For technical information contact: Christina Wadlington, National
Program Chemicals Division (7404T), Office Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-1859; e-mail
address: wadlington.christina@epa.gov.
 
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ANNOUNCEMENT 6


Subject: ALL - ND. EPA. Environmental Laboratory Advisory Board (ELAB) Meeting Dates and Agenda
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]              
[Page 51276]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8966-1]
 
Environmental Laboratory Advisory Board (ELAB) Meeting Dates and
Agenda

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's Environmental Laboratory
Advisory Board (ELAB), as previously announced, will have
teleconference meetings on October 21, 2009 at 1 p.m. ET; November 18,
2009 at 1 p.m. ET; December 16, 2009 at 1 p.m. ET; February 17, 2010 at
1 p.m. ET; and March 17, 2010 at 1 p.m. ET to discuss the ideas and
views presented at the previous ELAB meetings, as well as new business.
Items to be discussed by ELAB over these coming meetings include: (1)
Expanding the number of laboratories seeking National Environmental
Laboratory Accreditation Conference (NELAC) accreditation; (2)
proficiency testing; (3) ELAB support to the Agency's Forum on
Environmental Measurements (FEM); (4) implementing the performance
approach; and (5) follow-up on some of ELAB's past recommendations and
issues. In addition to these teleconferences, ELAB will be hosting
their next face-to-face meeting on January 25, 2010 at the Hyatt
Regency in Chicago, IL at 1:30 p.m. (CT).
    Written comments on laboratory accreditation issues and/or
environmental monitoring issues are encouraged and should be sent to
Ms. Lara P. Autry, DFO, U.S. EPA (E243-05), 109 T.W. Alexander Drive,
Research Triangle Park, NC 27709, faxed to (919) 541-4261, or e-mailed
to autry.lara@epa.gov. Members of the public are invited to listen to
the teleconference calls, and time permitting, will be allowed to
comment on issues discussed during this and previous ELAB meetings.
Those persons interested in attending should call Lara P. Autry at
(919) 541-5544 to obtain teleconference information. For information on
access or services for individuals with disabilities, please contact
Lara P. Autry at the number above. To request accommodation of a
disability, please contact Lara P. Autry, 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 7


Subject: ENERGY - NM. DOC. Department of Commerce: Energy for Manufacturing Roundtable
 
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]              
[Page 51254-51255]

DEPARTMENT OF COMMERCE

Department of Commerce: Energy for Manufacturing Roundtable

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of meeting.

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SUMMARY: The U.S. Department of Commerce (DOC) will host a half-day
``Energy for Manufacturing Roundtable'' on October 20, 2009. This event
is intended for members of the manufacturing industry and energy
suppliers to the manufacturing industry. Participants will learn about
and discuss the consequences that energy consumption and workforce
education have on competitiveness; how energy efficiency models can
strengthen competition and innovation; and how energy consumption
patterns are spurring greater implementation of industrial energy
efficient technologies. U.S. leadership in industrial energy efficiency
technologies being deployed worldwide will be highlighted.

DATES: October 20, 2009.
    Location: U.S. Department of Commerce, Washington, DC.

ADDRESS: To apply to participate in the roundtable, please send an e-
mail to energyformanufacturing@mail.doc.gov by October 15, 2009.

 
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