Monday, March 1, 2010

Environmental Federal Register, March 1, 2010

Federal Register
Vol. 75, No. 39
Monday, March 1, 2010
 
 
There are 6 announcements in this issue
 
    1. TOXICS - NM. EPA. Science Advisory Board Staff Office Notification of a Public Meeting of a Workgroup of the Chartered Science Advisory Board
 
    2. AIR - NM. EPA. Science Advisory Board Staff Office; Notification of a Clean Air Scientific Advisory Committee (CASAC) Carbon Monoxide Review Panel Meeting and CASAC Teleconference
 
    3. ENERGY/Efficiency - PR. DOE. Energy Conservation Program: Public Meeting and Availability of the Notice of Proposed Rulemaking for Walk-In Coolers and Walk-In Freezers; Date Change
 
    4. WATER - ND. DOD/Army, Corps of Engineers. Intent To Prepare a Draft Environmental Impact Statement for the Everglades Restoration Transition Plan--Phase 1
 
    5. AIR - ND. DOJ. Notice of Lodging of Consent Decree Under the Clean Air Act; United States v. Cummins, Inc., case number 1:10-cv-00275, U.S. District Court for the District of Columbia
 
    6. HAZ - PR/NM. DOT/Pipeline and Hazardous Materials Safety Administration (PHMSA). Hazardous Materials: Transportation of Lithium Batteries
 
   
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: TOXICS - NM. EPA. Science Advisory Board Staff Office Notification of a Public Meeting of a Workgroup of the Chartered Science Advisory Board
 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]              
[Page 9205-9206]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9120-3]

Science Advisory Board Staff Office Notification of a Public
Meeting of a Workgroup 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 meeting of a workgroup of the chartered Science Advisory Board
to conduct an expedited and focused review of EPA's draft
``Toxicological Review of Inorganic Arsenic: In Support of the Summary
Information on the Integrated Risk Information System (IRIS)'' (EPA/
635/R-10/001). The SAB workgroup will assess the adequacy of EPA's
implementation of the SAB previous recommendations regarding the cancer
risk assessment of inorganic arsenic.

DATES: The meeting will be held on April 6, 2010 from 1 p.m. to 5:30
p.m. (Eastern Time) and April 7, 2010 from 8:30 a.m. to 2 p.m. (Eastern
Time).

ADDRESSES: The meeting will be held at the St. Regis Hotel, 923 16th
and K Streets, NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain general information concerning this public meeting should
contact Dr. Sue Shallal, Designated Federal Officer (DFO), EPA Science
Advisory Board (1400F), 1200 Pennsylvania Avenue, NW., Washington, DC
20460; via telephone/voice mail: (202) 343-9977; fax: (202) 233-0643;
or e-mail at Shallal.suhair@epa.gov. General information concerning the
EPA Science Advisory Board can be found on the SAB Web site at http://
www.epa.gov/sab
.
 
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ANNOUNCEMENT 2


Subject: AIR - NM. EPA. Science Advisory Board Staff Office; Notification of a Clean Air Scientific Advisory Committee (CASAC) Carbon Monoxide Review Panel Meeting and CASAC Teleconference
 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]              
[Page 9206-9207]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9120-4]

Science Advisory Board Staff Office; Notification of a Clean Air
Scientific Advisory Committee (CASAC) Carbon Monoxide Review Panel
Meeting and CASAC Teleconference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public meeting of the Clean Air
Scientific Advisory Committee (CASAC) Carbon Monoxide Review Panel to
peer review EPA's Risk and Exposure Assessment to Support the Review of
the Carbon Monoxide Primary National Ambient Air Quality Standards:
Second External Review Draft and EPA's Policy Assessment for the Review
of the Carbon Monoxide National Ambient Air Quality Standards: External
Review Draft. The chartered CASAC will subsequently hold a public
teleconference to review and approve the Panel's reports.

DATES: The public meeting will be held on Monday, March 22, 2010 from
8:30 a.m. to 5 p.m. (Eastern Time) and Tuesday, March 23, 2010 from 8
a.m. to 3 p.m. (Eastern Time). The public teleconference will be held
on April 19, 2010 from 10 a.m. to 1 p.m. (Eastern Time).

ADDRESSES: The public meeting will take place at the Marriott at
Research Triangle Park, 4700 Guardian Drive, Durham, NC 27703,
telephone (919) 941-6200. The April 19, 2010 teleconference will be
conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to
submit a written or brief oral statement or wants further information
concerning the March 22 and 23, 2010 meeting may contact Ms. Kyndall
Barry, Designated Federal Officer (DFO), EPA Science Advisory Board
(1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; via telephone/voice mail (202) 343-
9868; fax (202) 233-0643; or e-mail at barry.kyndall@epa.gov. For
information on the CASAC teleconference on April 19, 2010, please
contact Dr. Holly Stallworth, Designated Federal Officer (DFO), at the
above listed address; via telephone/voice mail (202) 343-9867 or e-mail
at stallworth.holly@epa.gov. General information concerning the CASAC
and the CASAC documents can be found on the EPA Web site at http://
www.epa.gov/casac
.
 
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ANNOUNCEMENT 3


Subject: ENERGY/Efficiency - PR. DOE. Energy Conservation Program: Public Meeting and Availability of the Notice of Proposed Rulemaking for Walk-In Coolers and Walk-In Freezers; Date Change
 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Proposed Rules]              
[Page 9120]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-TP-0014]
RIN 1904-AB85

Energy Conservation Program: Public Meeting and Availability of
the Notice of Proposed Rulemaking for Walk-In Coolers and Walk-In
Freezers; Date Change

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

ACTION: Proposed rulemaking; date change.

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

SUMMARY: The Department of Energy published a proposed rule in the
Federal Register on January 4, 2010, concerning a public meeting and
availability of the notice of proposed rulemaking (NOPR) regarding test
procedures for walk-in coolers and walk-in freezers. This document
changes the date of the public meeting, the date of the deadline for
requesting to speak at the public meeting, and the date of the deadline
for submitting written comments on the framework document because the
scheduled public meeting of February 11, 2010, was cancelled due to
inclement weather, which forced a Federal Government shutdown. The
public meeting will now be held on Wednesday, March 24, 2010, beginning
at 9 a.m. The close of the comment period has been changed to March 31,
2010 in order to accommodate comments received at the public meeting
and comments that may be submitted based on issues raised at the public
meeting.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Llenza, U.S. Department of
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC 20585-0121, (202) 586-2192,
Charles.Llenza@ee.doe.gov or Mr. Michael Kido, Esq., U.S. Department of
Energy, Office of General Counsel, GC-72, 1000 Independence Avenue,
SW., Washington, DC 20585- 0121, (202) 586-8145,
Michael.Kido@hq.doe.gov.

DATES: DOE will hold a public meeting in Washington, DC on Wednesday,
March 24, 2010, beginning at 9 a.m. DOE must receive requests to speak
at the meeting before 4 p.m., Wednesday, March 10, 2010. DOE must
receive a signed original and an electronic copy of statements to be
given at the public meeting before 4 p.m., Wednesday, March 17, 2010.
Written comments on the NOPR are welcome, especially following the
public meeting, and should be submitted by Wednesday, March 31, 2010.

ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals participating in the public meeting are subject to advance
security screening procedures, requiring a 30-day advance notice. If
you are a foreign national and wish to participate in the public
meeting, please inform DOE as soon as possible by contacting Ms. Brenda
Edwards at (202) 586-2945 so that the necessary procedures can be
completed.
 
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ANNOUNCEMENT 4


Subject: WATER - ND. DOD/Army, Corps of Engineers. Intent To Prepare a Draft Environmental Impact Statement for the Everglades Restoration Transition Plan--Phase 1
 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]              
[Page 9188]

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Intent To Prepare a Draft Environmental Impact Statement for the
Everglades Restoration Transition Plan--Phase 1

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice of intent.

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

SUMMARY: The Jacksonville District, U.S. Army Corps of Engineers
intends to prepare a Draft Environmental Impact Statement (EIS) for the
Everglades Restoration Transition Plan (ERTP)--Phase 1. The ERTP will
supersede the 2006 IOP for the Cape Sable Seaside Sparrow which
currently regulates operations for Central & South Florida (C&SF)
project features in the south Dade area. The ERTP Phase 1 aims to
implement operational flexibilities based on multi-species management.
This project is ``phase 1'' in anticipation of subsequent operational
modifications that will be needed to move towards Everglades
restoration. Development of the plan will include evaluation of
relevant new species information and hydrological data. The ERTP Draft
EIS will evaluate the anticipated affects of implementation of
operations to support the recommendations of the U. S. Fish and
Wildlife Service (FWS) Biological Opinion.

ADDRESSES: U.S. Army Corps of Engineers, Planning Division,
Environmental Branch, P.O. Box 4970, Jacksonville, FL, 32232-0019.

FOR FURTHER INFORMATION CONTACT: Mrs. Susan Conner at 904-232-1782 or
e-mail at Susan.l.Conner@.usace.army.mil.

 
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ANNOUNCEMENT 5


Subject: AIR - ND. DOJ. Notice of Lodging of Consent Decree Under the Clean Air Act; United States v. Cummins, Inc., case number 1:10-cv-00275, U.S. District Court
for the District of Columbia

 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Notices]              
[Page 9255]

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on February 22,
2010, a proposed Consent Decree in United States v. Cummins, Inc., case
number 1:10-cv-00275, was lodged with the United States District Court
for the District of Columbia.
    The Decree resolves the claims of the United States against
Cummins, Inc. (``Cummins'') for violations of Title II of the Clean Air
Act, 42 U.S.C. 7521 et seq. (the ``Act''). The United States alleged
that Cummins sold, offered for sale, or introduced or delivered for
introduction into commerce new motor vehicle engines not covered by
certificates of conformity, because the engines as actually sold,
offered for sale, or introduced or delivered for introduction into
commerce are materially different from the engines described in
Cummins' applications for certificates of conformity, in that the
engines were not equipped with the required emission control system or
aftertreatment device. Under the proposed Decree, Cummins shall: Pay a
penalty of $2.1 million, of which $1,680,000 shall be paid to the
United States and the remainder to the State of California under a
parallel administrative agreement; institute a voluntary recall of the
affected engines; retire 167.1 tons of NOX and 30.5 tons of
PM, the entire amount of excess pollution attributable to the
violation; and dismiss with prejudice a pending Petition for Review in
the DC Circuit.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Decree.
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
the Consent Decree between the United States and Cummins, DOJ Ref. No.
90-5-2-1-09351.
    During the public comment period, the Decree may be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/
Consent_Decrees.html
. A copy of the Decree may also be obtained by
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request
to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $8.25
(25 cents per page reproduction cost) payable to the U.S. Treasury or,
if by e-mail or fax, forward a check in that amount to the Consent
Decree Library at the stated address.
 
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ANNOUNCEMENT 6


Subject: HAZ - PR/NM. DOT/Pipeline and Hazardous Materials Safety Administration (PHMSA). Hazardous Materials: Transportation of Lithium Batteries
 
[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Proposed Rules]              
[Page 9147-9148]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT

49 CFR Parts 172, 173, 175

[Docket No. PHMSA-2009-0095 (HM-224F)]
RIN 2137-AE44

Hazardous Materials: Transportation of Lithium Batteries

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

ACTION: Notice of public meeting.

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

SUMMARY: On January 11, 2010, the Pipeline and Hazardous Materials
Safety Administration (PHMSA) in coordination with the Federal Aviation
Administration (FAA) published a notice of proposed rulemaking to
comprehensively address the safety risks associated with the air
transport of lithium cells and batteries. PHMSA and FAA will hold a
public meeting on March 5, 2010, in Washington, DC, to provide
interested persons with an opportunity to submit oral comments on the
proposals in the NPRM.

DATES: Public meeting: March 5, 2010, starting at 1 p.m. and ending at
4 p.m.
    Written comments: All comments to this docket must be received no
later than March 12, 2010. PHMSA will consider late-filed comments to
the extent practicable as the agency develops a final rule.

ADDRESSES: Public meeting: The meeting will be held at the U.S. DOT
headquarters 1200 New Jersey Ave, SE., Washington, DC 20590. The main
visitor's entrance is located in the West Building, on New Jersey
Avenue and M Street. Upon entering the lobby, visitors must report to
the security desk. Visitors should indicate that they will be attending
the Lithium Battery Public Meeting and wait to be escorted to the
Conference Center. Any person wishing to participate in the public
meeting should provide their name and organization to Kevin A. Leary or
Charles E. Betts, by telephone or in writing no later than March 4,
2010. Providing this information will facilitate the security screening
process for entry into the building on the day of the meeting.
    Oral Presentations: Any person wishing to present an oral statement
at the public meetings should notify Charles E. Betts or Kevin A.
Leary, by March 4, 2010, and provide in advance or at the meeting,
written copies of their presentations.
    Written Comments: PHMSA and FAA invite interested parties, whether
or not they attend the public meeting, to submit any relevant
information, data, or comments to the docket of this proceeding (PHMSA-
2009-0095) by any of the following methods:
    Federal eRulemaking Portal: Go to http://
www.regulations.gov
. Follow the online instructions for submitting
comments.
    Fax: 1-202-493-2251.
    Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
    Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78), which may also be found at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts or Kevin A. Leary,
Office of Hazardous Materials Standards, telephone (202) 366-8553,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-10, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001.

 
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