Wednesday, May 5, 2010

Environmental Federal Register, Vol. 75, No. 86, May 5, 2010

Federal Register
Vol. 75, No. 86
Wednesday, May 5, 2010
 
Note: A number of pesticide-related announcements were omitted from this report (click here).
 
There are 8 announcements in this issue
 
    1. TOXICS - FR. EPA. Spirodiclofen; Pesticide Tolerances
 
    2. TOXICS - FR. EPA. Tebuconazole; Pesticide Tolerances
 
    3. TOXICS - ND/CBI. EPA. Access to Confidential Business Information by Guident Technologies Inc.'s Identified Subcontractor
 
    4. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Pressure Sensitive Tape and Label Surface Coating Operations (Renewal), EPA ICR Number 0658.10, OMB Control Number 2060-0004
 
    5. TOXICS - ICR/CBI. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting; EPA ICR No. 1693.06, OMB Control No. 2070-0142
 
    6. AIR - NM. EPA. Meeting of the Ozone Transport Commission
 
    7. WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Polar Bear in the United States
 
    8. MI/ENERGY/Nuclear - ND. NRC. DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR Part 20 Appendix G
 
  
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 - FR. EPA. Spirodiclofen; Pesticide Tolerances
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Rules and Regulations]              
[Page 24428-24434]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0139; FRL-8820-4]

Spirodiclofen; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
spirodiclofen per se (3-(2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4,5]dec-
3-en-4-yl 2,2-dimethylbutanoate) in or on multiple commodities which
are identified and discussed later in this document. Bayer CropScience
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective May 5, 2010. Objections and
requests for hearings must be received on or before July 6, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0139. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Rita Kumar, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 308-8291; e-mail address: kumar.rita@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Tebuconazole; Pesticide Tolerances
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Rules and Regulations]              
[Page 24421-24428]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0611; FRL-8821-4]

Tebuconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
tebuconazole in or on vegetable, fruiting, group 8. Bayer CropScience
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective May 5, 2010. Objections and
requests for hearings must be received on or before July 6, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0611. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tracy Keigwin, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6605; e-mail address: keigwin.tracy @epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - ND/CBI. EPA. Access to Confidential Business Information by Guident Technologies Inc.'s Identified Subcontractor
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]              
[Page 24688-24689]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8821-5]

Access to Confidential Business Information by Guident
Technologies Inc.'s Identified Subcontractor

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized a subcontractor of its prime contractor,
Guident Technologies Inc. of [Herndon, VA, to access information which
has been submitted to EPA under all sections of the Toxic Substances
Control Act (TSCA). Some of the information may be claimed or
determined to be Confidential Business Information (CBI).

DATES:  Access to the confidential data will occur no sooner than May
12, 2010.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, 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: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8257; fax
number: (202) 564-8251; e-mail address: sherlock.scott@epa.gov.
 
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ANNOUNCEMENT 4


Subject: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Pressure Sensitive Tape
and Label Surface Coating Operations (Renewal), EPA ICR Number 0658.10, OMB Control Number 2060-0004
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]              
[Page 24689-24690]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0410; FRL-9145-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Pressure Sensitive Tape
and Label Surface Coating Operations (Renewal), EPA ICR Number 0658.10,
OMB Control Number 2060-0004

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before June 4, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0410, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: 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: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711; telephone number: (919)
541-0296; fax number: (919) 541-3207; e-mail address:
schaefer.john@epa.gov.

 
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ANNOUNCEMENT 5


Subject: TOXICS - ICR/CBI. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting; EPA ICR No. 1693.06, OMB Control No. 2070-0142
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]              
[Page 24690-24692]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0281; FRL-8821-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting; EPA ICR No. 1693.06, OMB Control No. 2070-
0142

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 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 ICR,
entitled: ``Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting'' and identified by EPA ICR No. 1693.06 and
OMB Control No. 2070-0142, is scheduled to expire on January 31, 2011.
Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection.

DATES: Comments must be received on or before July 6, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0281, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.   

FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-0107; fax number: (703) 305-5884; e-
mail address: drewes.scott@epa.gov.
 
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ANNOUNCEMENT 6


Subject: AIR - NM. EPA. Meeting of the Ozone Transport Commission
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]              
[Page 24692]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9145-1]

Meeting of the Ozone Transport Commission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: The United States Environmental Protection Agency is
announcing the 2010 Annual Meeting of the Ozone Transport Commission
(OTC). This OTC meeting will explore options available for reducing
ground-level ozone precursors in a multi-pollutant context. The
Commission will be evaluating potential measures and considering
actions in areas such as performance standards for electric generating
units (EGUs) on high electric demand days, oil and gas boilers serving
EGUs, small natural gas boilers, stationary generators, energy
security/energy efficiency, architectural industrial and maintenance
coatings, consumer products, industrial commercial and institutional
(ICI) boilers, vapor recovery at gas stations, large above ground
storage tanks, seaports, aftermarket catalysts, lightering, and non-
road idling.

DATES: The meeting will be held on June 3, 2010 starting at 9 a.m. and
ending at 4 p.m.
    Location: Tremont Plaza Hotel, 222 St. Paul Place, Baltimore,
Maryland 21202; (410) 727-4222 or (800) 873-6668.

FOR FURTHER INFORMATION CONTACT:
    For documents and press inquiries contact: Ozone Transport
Commission, 444 North Capitol Street, NW., Suite 638, Washington, DC
20001; (202) 508-3840; e-mail: ozone@otcair.org; Web site: http://
www.otcair.org
.

 
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ANNOUNCEMENT 7


Subject: WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Polar Bear in the United States
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Proposed Rules]              
[Page 24545-24549]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R7-ES-2009-0042; 92210-1117-0000-B4]
RIN 1018-AW56

Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Polar Bear in the United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period, and announcement of
public hearings.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening
of the public comment period on the proposed designation of critical
habitat for the polar bear (Ursus maritimus) under the Endangered
Species Act of 1973, as amended (Act). We also announce the
availability of a draft economic analysis (DEA), corrections to our
proposed boundaries for sea-ice critical habitat, our intention to hold
two public hearings to provide the public with an opportunity to submit
testimony on the proposed designation of critical habitat for the polar
bear and on the DEA, and an amended required determinations section of
the proposal. We are reopening the comment period to allow all
interested parties an opportunity to provide additional comment on the
proposed rule, the associated DEA, corrections to our proposed
boundaries for sea-ice critical habitat, and the amended required
determinations section. If you submitted comments previously, you do
not need to resubmit them because we have already incorporated them
into the public record and will fully consider them in preparation of
the final rule.

DATES: Written Comments: We will consider comments we receive on or
before July 6, 2010.
    Public Hearings: We will hold two public hearings, one on June 15,
2010, from 7-10 p.m. in Anchorage, Alaska, and another on June 17,
2010, from 7-10 p.m. in Barrow, Alaska. During the first hour of these
meetings (from 7-8 p.m.), we will present information on the DEA and
proposed critical habitat. Public comments will be taken from 8-10 p.m.

ADDRESSES: Written Comments: You may submit comments by one of the
following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Please follow the instructions for submitting comments on Docket No.
FWS-R7-ES-2009-0042.
    U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R7-ES-2009-0042; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
    Public Hearings:
    The Barrow, Alaska, public hearing will be held at
I[ntilde]upiat Heritage Center, 5421 North Star Street, Barrow, Alaska.
    The Anchorage, Alaska, public hearing will be held at Z.J.
Loussac Public Library, 3600 Denali Street, Anchorage, Alaska.
    For more information on the public hearings, see the Public
Hearings section below.
    We will post all comments, and transcripts of the public hearings
on http://www.regulations.gov. This generally means that we will post
any personal information you provide to us (see the Public Comments
section below for more information).


FOR FURTHER INFORMATION CONTACT: Thomas Evans, Wildlife Biologist, U.S.
Fish and Wildlife Service, Marine Mammals Management Office, 1011 East
Tudor Road, Anchorage, AK 99503; by telephone (907-786-3800); or by
facsimile (907-786-3816). Persons who use a telecommunications device
for the deaf (TDD) may call the Federal Information Relay Service
(FIRS) at 800-877-8339.
 
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ANNOUNCEMENT 8


Subject: MI/ENERGY/Nuclear - ND. NRC. DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR Part 20 Appendix G
 
[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]              
[Page 24755-24756]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-16; NRC-2009-0073]

DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption
From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR
Part 20 Appendix G

1.0 Background

    DTE Energy (DTE) is the licensee and holder of Facility Operating
License No. DPR-9 issued for Enrico Fermi Atomic Power Plant, Unit 1
(Fermi-1), located in Monroe County, Michigan. Fermi-1 is a permanently
shutdown nuclear reactor facility. DTE is in the process of
decommissioning Fermi-1 and radioactive waste shipments from the site
are ongoing and expected to increase over the next year. During the
decommissioning process, large volumes of slightly contaminated
concrete rubble and debris are generated that require shipment for
disposal in offsite low-level radioactive waste disposal sites.
Experience at other decommissioning nuclear power facilities has shown
that, due primarily to the volume of radioactive waste; licensees have
encountered an increase in the number of routine shipments that take
longer than 20 days from transfer to the shipper to receipt
acknowledgment from the disposal site. Each shipment with receipt
notifications greater than 20 days requires a special investigation and
report to the U.S. Nuclear Regulatory Commission (NRC or the
Commission) which the licensee believes to be burdensome and
unnecessary to meet the intent of the regulation. . . .
4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption requested by DTE in its November 13, 2009,
letter is authorized by law and will not result in undue hazards to
life or property. Therefore, the Commission hereby grants DTE an
exemption to extend the 20-day investigation and reporting requirements
for shipments of low-level radioactive waste, as required by 10 CFR
part 20, appendix G, section III.E, to 35 days.
    Pursuant to 10 CFR 51.31, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment as documented in Federal Register (FR)
notice 75 FR 20867, April 21, 2010.
    This exemption is effective upon issuance.
 
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