Federal Register
Vol. 74, No. 232
Friday, December 4, 2009
Vol. 74, No. 232
Friday, December 4, 2009
There are 7 announcements in this issue
1. AIR - FRD. EPA. Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
2. AIR - PR. EPA. Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
3. TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Notice of Supplemental
Distribution of a Registered Pesticide Product; EPA ICR No. 0278.10, OMB Control No. 2070-0044
Distribution of a Registered Pesticide Product; EPA ICR No. 0278.10, OMB Control No. 2070-0044
4. ENERGY - FR. DOE. Loan Guarantees for Projects That Employ Innovative Technologies
5. MIENERGY/Hydro - ND. DOE/FERC. Upper Peninsula Power Company; Notice of Intent To Prepare an Environmental Document and Soliciting Comments; Bond Falls Hydroelectric Project
6. LAND - FR. USDA/Natural Resources Conservation Service. Regional Equity provision ensures that each state receives a $15 million minimum annual aggregate level of conservation program funding
7. HAZ/Pipeline - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines
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 - FRD. EPA. Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63613-63616]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-RO4-OAR-2009-0793; FRL-9089-2]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plywood and Composite Wood
Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On August 26, 2003, the EPA published in the Federal Register
a direct final rule to approve the North Carolina Department of
Environment and Natural Resource's (NC DENR) equivalency by permit
program, pursuant to section 112(l) of the Clean Air Act, to implement
and enforce State permit terms and conditions that substitute for the
National Emissions Standards for Hazardous Air Pollutants from the pulp
and paper industry for the International Paper Riegelwood mill in
Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published
in the Federal Register a direct final rule to amend the August 26,
2003, direct final rule in order to extend its coverage to include an
additional four mills in North Carolina. This action is taken to once
again amend the August 26, 2003, direct final rule in order to expand
the NC DENR equivalency by permit program coverage to include all 32
sources in North Carolina subject to the plywood and composite wood
products rule.
DATES: This direct final rule is effective February 2, 2010 without
further notice, unless EPA receives adverse comment by January 4, 2010.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2009-0793 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: page.lee@epa.gov.
3. Fax: 404-562-9095.
4. Mail: ``EPA-R04-OAR-2009-0793'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lee Page, Air Toxics and Monitoring
Branch, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9131. Mr. Page can also
be reached via electronic mail at page.lee@epa.gov.
[Rules and Regulations]
[Page 63613-63616]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-RO4-OAR-2009-0793; FRL-9089-2]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plywood and Composite Wood
Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On August 26, 2003, the EPA published in the Federal Register
a direct final rule to approve the North Carolina Department of
Environment and Natural Resource's (NC DENR) equivalency by permit
program, pursuant to section 112(l) of the Clean Air Act, to implement
and enforce State permit terms and conditions that substitute for the
National Emissions Standards for Hazardous Air Pollutants from the pulp
and paper industry for the International Paper Riegelwood mill in
Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published
in the Federal Register a direct final rule to amend the August 26,
2003, direct final rule in order to extend its coverage to include an
additional four mills in North Carolina. This action is taken to once
again amend the August 26, 2003, direct final rule in order to expand
the NC DENR equivalency by permit program coverage to include all 32
sources in North Carolina subject to the plywood and composite wood
products rule.
DATES: This direct final rule is effective February 2, 2010 without
further notice, unless EPA receives adverse comment by January 4, 2010.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2009-0793 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: page.lee@epa.gov.
3. Fax: 404-562-9095.
4. Mail: ``EPA-R04-OAR-2009-0793'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lee Page, Air Toxics and Monitoring
Branch, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9131. Mr. Page can also
be reached via electronic mail at page.lee@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: AIR - PR. EPA. Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Proposed Rules]
[Page 63701-63702]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R04-OAR-2009-0793; FRL-9089-3]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plywood and Composite Wood
Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 112(l) of the Clean Air Act, EPA is
proposing to amend regulations to expand the North Carolina Department
of Environment and Natural Resources equivalency by permit program
coverage to include all 32 sources in North Carolina that are subject
to the plywood and composite wood products rule.
DATES: Comments must be received in writing by January 4, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0793, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: page.lee@epa.gov.
3. Fax: 404-562-9095.
4. Mail: ``EPA-R04-0AR-2009-0793'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 am to 4:30 p.m.,
excluding Federal holidays.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9131. Mr. Page can also
be reached via electronic mail at page.lee@epa.gov.
[Proposed Rules]
[Page 63701-63702]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R04-OAR-2009-0793; FRL-9089-3]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants; Plywood and Composite Wood
Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 112(l) of the Clean Air Act, EPA is
proposing to amend regulations to expand the North Carolina Department
of Environment and Natural Resources equivalency by permit program
coverage to include all 32 sources in North Carolina that are subject
to the plywood and composite wood products rule.
DATES: Comments must be received in writing by January 4, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0793, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: page.lee@epa.gov.
3. Fax: 404-562-9095.
4. Mail: ``EPA-R04-0AR-2009-0793'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 am to 4:30 p.m.,
excluding Federal holidays.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9131. Mr. Page can also
be reached via electronic mail at page.lee@epa.gov.
ANNOUNCEMENT 3
Subject: TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Notice of Supplemental
Distribution of a Registered Pesticide Product; EPA ICR No. 0278.10, OMB Control No. 2070-0044
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Notices]
[Page 63750-63751]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0264; FRL-9088-7]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notice of Supplemental
Distribution of a Registered Pesticide Product; EPA ICR No. 0278.10,
OMB Control No. 2070-0044
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before January 4,
2010.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2009-0264, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Office of Pesticide Programs (OPP), Regulatory
Public Docket (7502P), 1200 Pennsylvania Ave., NW., Washington, DC
20460-0001, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Lily Negash, Field and External
Affairs Division, (7506P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-
347-8515; fax number: 703-305-5884; e-mail address:
negash.lily@epa.gov.
[Notices]
[Page 63750-63751]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0264; FRL-9088-7]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notice of Supplemental
Distribution of a Registered Pesticide Product; EPA ICR No. 0278.10,
OMB Control No. 2070-0044
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before January 4,
2010.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2009-0264, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Office of Pesticide Programs (OPP), Regulatory
Public Docket (7502P), 1200 Pennsylvania Ave., NW., Washington, DC
20460-0001, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Lily Negash, Field and External
Affairs Division, (7506P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-
347-8515; fax number: 703-305-5884; e-mail address:
negash.lily@epa.gov.
ANNOUNCEMENT 4
Subject: ENERGY - FR. DOE. Loan Guarantees for Projects That Employ Innovative Technologies
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63544-63560]
DEPARTMENT OF ENERGY
10 CFR Part 609
RIN 1901-AB27
Loan Guarantees for Projects That Employ Innovative Technologies
AGENCY: Office of the Chief Financial Officer, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 7, 2009, the Department of Energy (DOE or the
Department) published a Notice of Proposed Rulemaking and Opportunity
for Comment (NOPR) to make certain changes to the existing regulations
for the loan guarantee program authorized by Section 1703 of Title XVII
of the Energy Policy Act of 2005 (Title XVII or the Act). Section 1703
of Title XVII authorizes the Secretary of Energy (Secretary) to make
loan guarantees for projects that ``avoid, reduce, or sequester air
pollutants or anthropogenic emissions of greenhouse gases; and employ
new or significantly improved technologies as compared to commercial
technologies in service in the United States at the time the guarantee
is issued.'' Section 1703 of Title XVII also identifies ten categories
of technologies and projects that are potentially eligible for loan
guarantees. The two principal goals of section 1703 of Title XVII are
to encourage commercial use in the United States of new or
significantly improved energy-related technologies and to achieve
substantial environmental benefits. DOE believes that commercial use of
these technologies will help sustain and promote economic growth,
produce a more stable and secure energy supply and economy for the
United States, and improve the environment.
Through experience gained implementing the loan guarantee program
authorized by section 1703 of Title XVII, and information received from
industry indicating the wide variety of ownership and financing
structures which participants would like to employ in implementing
projects seeking loan guarantees, DOE believes it is appropriate to
make certain changes to the existing regulations to provide flexibility
in the determination of an appropriate collateral package to secure
guaranteed loan obligations, facilitate collateral sharing and related
intercreditor arrangements with other project lenders, and to provide a
more workable interpretation of certain statutory provisions regarding
DOE's treatment of collateral, consistent with the intent and purposes
of Title XVII. Having considered all of the comments submitted to DOE
in response to the NOPR, the Department today is issuing this final
rule.
DATES: This rule is effective December 4, 2009.
FOR FURTHER INFORMATION CONTACT: David G. Frantz, Director, Loan
Guarantee Program Office, 1000 Independence Avenue, SW., Washington, DC
20585-0121, e-mail: lgprogram@hq.doe.gov; or Susan S. Richardson, Chief
Counsel for the Loan Guarantee Program, Office of the General Counsel,
1000 Independence Avenue, SW., Washington, DC 20585-0121, e-mail:
lgprogram@hq.doe.gov.
[Rules and Regulations]
[Page 63544-63560]
DEPARTMENT OF ENERGY
10 CFR Part 609
RIN 1901-AB27
Loan Guarantees for Projects That Employ Innovative Technologies
AGENCY: Office of the Chief Financial Officer, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 7, 2009, the Department of Energy (DOE or the
Department) published a Notice of Proposed Rulemaking and Opportunity
for Comment (NOPR) to make certain changes to the existing regulations
for the loan guarantee program authorized by Section 1703 of Title XVII
of the Energy Policy Act of 2005 (Title XVII or the Act). Section 1703
of Title XVII authorizes the Secretary of Energy (Secretary) to make
loan guarantees for projects that ``avoid, reduce, or sequester air
pollutants or anthropogenic emissions of greenhouse gases; and employ
new or significantly improved technologies as compared to commercial
technologies in service in the United States at the time the guarantee
is issued.'' Section 1703 of Title XVII also identifies ten categories
of technologies and projects that are potentially eligible for loan
guarantees. The two principal goals of section 1703 of Title XVII are
to encourage commercial use in the United States of new or
significantly improved energy-related technologies and to achieve
substantial environmental benefits. DOE believes that commercial use of
these technologies will help sustain and promote economic growth,
produce a more stable and secure energy supply and economy for the
United States, and improve the environment.
Through experience gained implementing the loan guarantee program
authorized by section 1703 of Title XVII, and information received from
industry indicating the wide variety of ownership and financing
structures which participants would like to employ in implementing
projects seeking loan guarantees, DOE believes it is appropriate to
make certain changes to the existing regulations to provide flexibility
in the determination of an appropriate collateral package to secure
guaranteed loan obligations, facilitate collateral sharing and related
intercreditor arrangements with other project lenders, and to provide a
more workable interpretation of certain statutory provisions regarding
DOE's treatment of collateral, consistent with the intent and purposes
of Title XVII. Having considered all of the comments submitted to DOE
in response to the NOPR, the Department today is issuing this final
rule.
DATES: This rule is effective December 4, 2009.
FOR FURTHER INFORMATION CONTACT: David G. Frantz, Director, Loan
Guarantee Program Office, 1000 Independence Avenue, SW., Washington, DC
20585-0121, e-mail: lgprogram@hq.doe.gov; or Susan S. Richardson, Chief
Counsel for the Loan Guarantee Program, Office of the General Counsel,
1000 Independence Avenue, SW., Washington, DC 20585-0121, e-mail:
lgprogram@hq.doe.gov.
ANNOUNCEMENT 5
Subject: MIENERGY/Hydro - ND. DOE/FERC. Upper Peninsula Power Company; Notice of Intent To Prepare an Environmental Document and Soliciting Comments; Bond Falls Hydroelectric Project
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Notices]
[Page 63747-63748]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 1864-003]
Upper Peninsula Power Company; Notice of Intent To Prepare an
Environmental Document and Soliciting Comments
November 25, 2009.
Take notice that the following material addressing required dam
safety measures has been filed with the Commission and is available for
public inspection:
a. Filing: Environmental report to support replacement of the
spillway at the Bond Falls Development which is being required under
Part 12 of the Commission's regulations.
b. Project No: 1864-003.
c. Date Filed: August 21, 2009, and supplemented on November 17,
2009.
d. Licensee: Upper Peninsula Power Company.
e. Name of Project: Bond Falls Hydroelectric Project.
f. Location: The Bond Falls Hydroelectric Project is located on the
Ontonagon River in Ontonagon and Gogebic Counties, Michigan, and Vilas
county, Wisconsin, partially on lands within the Ottawa National
Forest. The Bond Falls Development is located on the Middle Branch of
the Ontonagon River in Ontonagon County, Michigan, and occupies 73.5
acres of land within the Ottawa National Forest.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Licensee Contact: Rick Moser, Upper Peninsula Power Company, 700
North Adams Street, P.O. Box 19001, Green Bay, WI 54307-9001, (920)
433-2290.
i. FERC Contact: Rachel Price, (202) 502-8907, and e-mail:
rachel.price@ferc.gov.
j. Deadline for filing comments: December 28, 2009.
All documents should be filed with: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments may be filed electronically via the
Internet, see 18 CFR 385.2001 (a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-filing'' link. The Commission
strongly encourages electronic filings. In lieu of electronic filing,
an original and eight copies of all documents may be mailed to the
Secretary at the address above.
k. Description of material: Upper Peninsula Power Company has filed
an Environmental Report in support of its plan to replace the spillway
at the Bond Falls Development, part of the Bond Falls Hydroelectric Project (FERC
No. 1864). The project consists of four separate developments: Bond
Falls, Bergland, Cicso, and Victoria. The proposed work at the Bond
Falls spillway would take place within the Bond Falls Development which
is on the Middle Branch of the Ontonagon River. The Bond Falls
reservoir is operated to store water and divert river flow from the
Middle Branch to the South Branch of the Ontonagon River. A recent
hydraulic study determined that the existing spillway capacity is
inadequate to pass the flows associated with the calculated Probable
Maximum Flood (PMF) for the project location. To ensure the licensee's
compliance with FERC engineering guidelines and safety regulations,
modifications to the spillway are necessary. The licensee plans to
replace the existing spillway with a new spillway incorporating two
larger tainter gates at a lower sill elevation. In addition, the
licensee plans to replace the existing low level outlet with a new low
level structure incorporated into the new spillway, and raise the
embankment crest in low areas of the main, auxiliary, and control dams
of the Bond Falls Development. In order to complete construction, the
licensee plans to drawdown the reservoir to an elevation of 1455.8 feet
North American Vertical Datum of 1988, and maintain the reservoir at
that elevation during all of 2010. In addition the spillway replacement
construction activities will result in the temporary closure of some of
the project's recreational facilities during 2010.
The Commission intends to prepare an environmental document under
the National Environmental Policy Act (NEPA) for the planned Bond Falls
spillway replacement. The NEPA document will be used by the Commission
to identify environmental impacts and to identify measures that would
help mitigate the impacts caused by the activities associated with the
spillway replacement.
l. Locations of the Filing: A copy of the filing is available for
inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426. This
filing may also be viewed on the Commission's Web site at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-
filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov, for TTY, call
(202) 502-8659.
m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
n. Comments: Anyone may submit comments on the material described
in this notice. In completing its environmental review, the Commission
will consider all comments filed. Any comments must be received on or
before deadline for filing comments specified above.
o. Any filing made with the Commission in response to this notice
must bear in all capital letters the title ``COMMENTS'' and the Project
Number: P-1864-003.
p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the material described in this notice. A copy of
the filing may be obtained by agencies directly from the licensee. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the licensee's representatives.
q. Comments may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''
link.
[Notices]
[Page 63747-63748]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 1864-003]
Upper Peninsula Power Company; Notice of Intent To Prepare an
Environmental Document and Soliciting Comments
November 25, 2009.
Take notice that the following material addressing required dam
safety measures has been filed with the Commission and is available for
public inspection:
a. Filing: Environmental report to support replacement of the
spillway at the Bond Falls Development which is being required under
Part 12 of the Commission's regulations.
b. Project No: 1864-003.
c. Date Filed: August 21, 2009, and supplemented on November 17,
2009.
d. Licensee: Upper Peninsula Power Company.
e. Name of Project: Bond Falls Hydroelectric Project.
f. Location: The Bond Falls Hydroelectric Project is located on the
Ontonagon River in Ontonagon and Gogebic Counties, Michigan, and Vilas
county, Wisconsin, partially on lands within the Ottawa National
Forest. The Bond Falls Development is located on the Middle Branch of
the Ontonagon River in Ontonagon County, Michigan, and occupies 73.5
acres of land within the Ottawa National Forest.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Licensee Contact: Rick Moser, Upper Peninsula Power Company, 700
North Adams Street, P.O. Box 19001, Green Bay, WI 54307-9001, (920)
433-2290.
i. FERC Contact: Rachel Price, (202) 502-8907, and e-mail:
rachel.price@ferc.gov.
j. Deadline for filing comments: December 28, 2009.
All documents should be filed with: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments may be filed electronically via the
Internet, see 18 CFR 385.2001 (a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-filing'' link. The Commission
strongly encourages electronic filings. In lieu of electronic filing,
an original and eight copies of all documents may be mailed to the
Secretary at the address above.
k. Description of material: Upper Peninsula Power Company has filed
an Environmental Report in support of its plan to replace the spillway
at the Bond Falls Development, part of the Bond Falls Hydroelectric Project (FERC
No. 1864). The project consists of four separate developments: Bond
Falls, Bergland, Cicso, and Victoria. The proposed work at the Bond
Falls spillway would take place within the Bond Falls Development which
is on the Middle Branch of the Ontonagon River. The Bond Falls
reservoir is operated to store water and divert river flow from the
Middle Branch to the South Branch of the Ontonagon River. A recent
hydraulic study determined that the existing spillway capacity is
inadequate to pass the flows associated with the calculated Probable
Maximum Flood (PMF) for the project location. To ensure the licensee's
compliance with FERC engineering guidelines and safety regulations,
modifications to the spillway are necessary. The licensee plans to
replace the existing spillway with a new spillway incorporating two
larger tainter gates at a lower sill elevation. In addition, the
licensee plans to replace the existing low level outlet with a new low
level structure incorporated into the new spillway, and raise the
embankment crest in low areas of the main, auxiliary, and control dams
of the Bond Falls Development. In order to complete construction, the
licensee plans to drawdown the reservoir to an elevation of 1455.8 feet
North American Vertical Datum of 1988, and maintain the reservoir at
that elevation during all of 2010. In addition the spillway replacement
construction activities will result in the temporary closure of some of
the project's recreational facilities during 2010.
The Commission intends to prepare an environmental document under
the National Environmental Policy Act (NEPA) for the planned Bond Falls
spillway replacement. The NEPA document will be used by the Commission
to identify environmental impacts and to identify measures that would
help mitigate the impacts caused by the activities associated with the
spillway replacement.
l. Locations of the Filing: A copy of the filing is available for
inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426. This
filing may also be viewed on the Commission's Web site at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-
filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov, for TTY, call
(202) 502-8659.
m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
n. Comments: Anyone may submit comments on the material described
in this notice. In completing its environmental review, the Commission
will consider all comments filed. Any comments must be received on or
before deadline for filing comments specified above.
o. Any filing made with the Commission in response to this notice
must bear in all capital letters the title ``COMMENTS'' and the Project
Number: P-1864-003.
p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the material described in this notice. A copy of
the filing may be obtained by agencies directly from the licensee. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the licensee's representatives.
q. Comments may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''
link.
ANNOUNCEMENT 6
Subject: LAND - FR. USDA/Natural Resources Conservation Service. Regional Equity provision ensures that each state receives a $15 million minimum annual aggregate level of conservation program funding
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63537-63541]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 662
RIN 0578-AA44
Regional Equity
AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) is issuing a
final rule on the procedures for implementing the Regional Equity
provision of section 1241(d) of the Food Security Act of 1985, 16
U.S.C. 3841(d). The Regional Equity provision ensures that each State
receives a $15 million minimum annual aggregate level of conservation
program funding. NRCS published an interim final rule for Regional
Equity in the Federal Register on January 13, 2009, with request for
public comment. This final rule responds to comments received on the
January 13, 2009, interim final rule, and makes minor adjustments to
the Regional Equity regulation at 7 CFR part 662 in response to these
comments.
DATES: Effective December 4, 2009.
FOR FURTHER INFORMATION CONTACT: Geno Bulzomi, Acting Team Leader,
Program Allocations and Management Support Team, Department of
Agriculture, Natural Resources Conservation Service, 1400 Independence
Avenue, SW., Room 5208 South Building, Washington, DC 20250; telephone
(202) 690-0547; e-mail: PAMS@wdc.usda.gov, Attention: Regional Equity.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.) should contact
the USDA Target Center at (202) 720-2600 (voice and TDD).
[Rules and Regulations]
[Page 63537-63541]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 662
RIN 0578-AA44
Regional Equity
AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) is issuing a
final rule on the procedures for implementing the Regional Equity
provision of section 1241(d) of the Food Security Act of 1985, 16
U.S.C. 3841(d). The Regional Equity provision ensures that each State
receives a $15 million minimum annual aggregate level of conservation
program funding. NRCS published an interim final rule for Regional
Equity in the Federal Register on January 13, 2009, with request for
public comment. This final rule responds to comments received on the
January 13, 2009, interim final rule, and makes minor adjustments to
the Regional Equity regulation at 7 CFR part 662 in response to these
comments.
DATES: Effective December 4, 2009.
FOR FURTHER INFORMATION CONTACT: Geno Bulzomi, Acting Team Leader,
Program Allocations and Management Support Team, Department of
Agriculture, Natural Resources Conservation Service, 1400 Independence
Avenue, SW., Room 5208 South Building, Washington, DC 20250; telephone
(202) 690-0547; e-mail: PAMS@wdc.usda.gov, Attention: Regional Equity.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.) should contact
the USDA Target Center at (202) 720-2600 (voice and TDD).
ANNOUNCEMENT 7
Subject: HAZ/Pipeline - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63905-63936]
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-RSPA-2004-19854; Amdt. 192-113]
RIN 2137-AE15
Pipeline Safety: Integrity Management Program for Gas
Distribution Pipelines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Federal Pipeline Safety Regulations to
require operators of gas distribution pipelines to develop and
implement integrity management (IM) programs. The purpose of these
programs is to enhance safety by identifying and reducing pipeline
integrity risks. The IM programs required by this rule are similar to
those required for gas transmission pipelines, but tailored to reflect
the differences in and among distribution pipelines. Based on the
required risk assessments and enhanced controls, the rule also allows
for risk-based adjustment of prescribed intervals for leak detection
surveys and other fixed-interval requirements in the agency's existing
regulations for gas distribution pipelines. To further minimize
regulatory burdens, the rule establishes simpler requirements for
master meter and small liquefied petroleum gas (LPG) operators,
reflecting the relatively lower risk of these small pipelines.
In accordance with Federal law, the rule also requires operators to
install excess flow valves on new and replaced residential service
lines, subject to feasibility criteria outlined in the rule.
This final rule addresses statutory mandates and recommendations
from the DOT's Office of the Inspector General (OIG) and stakeholder
groups.
DATES: Effective Date: This Final Rule takes effect February 2, 2010.
Comment Date: Interested persons are invited to submit comment on
the provisions for reporting failures of compression couplings by
January 4, 2010. At the end of the comment period, we will publish a
document modifying these provisions or a document stating that the
provisions will remain unchanged.
ADDRESSES: Comments limited to the provisions on reporting failures of
mechanical couplings should reference Docket No. PHMSA-RSPA-2004-19854
and may be submitted in the following ways:
E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
Fax: 1-202-493-2251.
Mail: DOT Docket Operations Facility (M-30), U.S.
Department of Transportation, West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590.
Hand Delivery: DOT Docket Operations Facility, U.S.
Department of Transportation, West Building, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Instructions: In the E-Gov Web site: http://www.regulations.gov,
under ``Search Documents'' select ``Pipeline and Hazardous Materials
Safety Administration.'' Next, select ``Notices,'' and then click
``Submit.'' Select this rulemaking by clicking on the docket number
listed above. Submit your comment by clicking the yellow bubble in the
right column then following the instructions.
Identify docket number PHMSA-RSPA-2004-19854 at the beginning of
your comments. For comments by mail, please provide two copies. To
receive PHMSA's confirmation receipt, include a self-addressed stamped
postcard. Internet users may access all comments at http://
www.regulations.gov, by following the steps above.
Note: PHMSA will post all comments without changes or edits to
http://www.regulations.gov including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at (202) 366-4571
or by e-mail at Mike.Israni@dot.gov.
[Rules and Regulations]
[Page 63905-63936]
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-RSPA-2004-19854; Amdt. 192-113]
RIN 2137-AE15
Pipeline Safety: Integrity Management Program for Gas
Distribution Pipelines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Federal Pipeline Safety Regulations to
require operators of gas distribution pipelines to develop and
implement integrity management (IM) programs. The purpose of these
programs is to enhance safety by identifying and reducing pipeline
integrity risks. The IM programs required by this rule are similar to
those required for gas transmission pipelines, but tailored to reflect
the differences in and among distribution pipelines. Based on the
required risk assessments and enhanced controls, the rule also allows
for risk-based adjustment of prescribed intervals for leak detection
surveys and other fixed-interval requirements in the agency's existing
regulations for gas distribution pipelines. To further minimize
regulatory burdens, the rule establishes simpler requirements for
master meter and small liquefied petroleum gas (LPG) operators,
reflecting the relatively lower risk of these small pipelines.
In accordance with Federal law, the rule also requires operators to
install excess flow valves on new and replaced residential service
lines, subject to feasibility criteria outlined in the rule.
This final rule addresses statutory mandates and recommendations
from the DOT's Office of the Inspector General (OIG) and stakeholder
groups.
DATES: Effective Date: This Final Rule takes effect February 2, 2010.
Comment Date: Interested persons are invited to submit comment on
the provisions for reporting failures of compression couplings by
January 4, 2010. At the end of the comment period, we will publish a
document modifying these provisions or a document stating that the
provisions will remain unchanged.
ADDRESSES: Comments limited to the provisions on reporting failures of
mechanical couplings should reference Docket No. PHMSA-RSPA-2004-19854
and may be submitted in the following ways:
allows the public to enter comments on any Federal Register notice
issued by any agency.
Department of Transportation, West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590.
Department of Transportation, West Building, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Instructions: In the E-Gov Web site: http://www.regulations.gov,
under ``Search Documents'' select ``Pipeline and Hazardous Materials
Safety Administration.'' Next, select ``Notices,'' and then click
``Submit.'' Select this rulemaking by clicking on the docket number
listed above. Submit your comment by clicking the yellow bubble in the
right column then following the instructions.
Identify docket number PHMSA-RSPA-2004-19854 at the beginning of
your comments. For comments by mail, please provide two copies. To
receive PHMSA's confirmation receipt, include a self-addressed stamped
postcard. Internet users may access all comments at http://
www.regulations.gov, by following the steps above.
Note: PHMSA will post all comments without changes or edits to
http://www.regulations.gov including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at (202) 366-4571
or by e-mail at Mike.Israni@dot.gov.
