[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Rules and Regulations]
[Pages 50470-50477]
[FR Doc No: 2021-19339]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R04-UST-2020-0614; FRL-8817-01-R4]

Tennessee: Final Approval of State Petroleum Underground Storage
Tank Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Tennessee (Tennessee or State) has applied to the
Environmental Protection Agency (EPA) for final approval of revisions
to its Petroleum Underground Storage Tank Program (Petroleum UST
Program) under subtitle I of the Resource Conservation and Recovery Act
(RCRA). Pursuant to RCRA, the EPA is taking direct final action,
subject to public comment, to approve revisions to the Petroleum UST
Program. The EPA has reviewed Tennessee's revisions and has determined
that these revisions satisfy all requirements needed for approval. In
addition, this action also codifies the EPA's approval of Tennessee's
revised Petroleum UST Program and incorporates by reference those
provisions of the State statutes and regulations that the EPA has
determined meet the requirements for approval.

DATES: This rule is effective November 8, 2021, unless the EPA receives
adverse comment by October 12, 2021. If the EPA receives adverse
comment, it will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
November 8, 2021.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include the Docket ID No. EPA-
R04-UST-2020-0614 in the subject line of the message.
    Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0614, via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the public's access to the EPA Region 4 Offices is by
appointment only to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via https://www.regulations.gov
or via email. The EPA encourages electronic comment submittals, but if
you are unable to submit electronically or need other assistance,
please contact Winston Smith, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index to the docket for this
action and all documents that form the basis of this codification and
associated publicly available docket materials are available for review
on the https://www.regulations.gov website. The EPA encourages
electronic reviewing of these documents, but if you are unable to
review these documents electronically, please contact Winston Smith to
schedule an appointment to view the documents at the Region 4 Offices.
Interested persons wanting to examine these documents should make an
appointment at least two weeks in advance. EPA Region 4 requires all
visitors to adhere to the COVID-19 protocol. Please contact Winston
Smith for the COVID-19 protocol requirements for your appointment.
    Please also contact Winston Smith if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Winston Smith, RCRA Programs and
Cleanup Branch, Land, Chemicals, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960; Phone number: (404)
562-9467; email address<EMAIL_ADDRESS>Please contact Winston Smith
by phone or email for further information.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Tennessee's Petroleum Underground Storage
Tank Program

A. Why are revisions to state UST programs necessary?

    States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that
is no less stringent than the Federal program. When the EPA revises the
regulations that govern the UST program, states must revise their
programs to comply with the updated regulations and submit these
revisions to the EPA for approval. Most commonly, states must change
their programs because of changes to the EPA's regulations in title 40
of the Code of Federal Regulations (CFR) part 280. States can also
initiate changes on their own to their UST programs and these changes
must then be approved by the EPA.

B. What decision has the EPA made in this rule?

    On October 15, 2018, in accordance with 40 CFR 281.51(a), Tennessee
submitted a complete program revision application (State Application)
seeking approval of changes to its Petroleum UST Program. The program
revisions addressed in the State Application correspond to the EPA
final rule published on July 15, 2015 (80 FR 41566), which revised the
1988 UST regulations and the 1988 state program approval (SPA)
regulations (2015 Federal Revisions). As required by 40 CFR 281.20, the
State Application contains the following: A transmittal letter from the
Governor requesting approval; a description of the program and
operating procedures; a demonstration of the State's procedures to
ensure adequate enforcement; a Memorandum of Agreement outlining the
roles and responsibilities of the EPA and the implementing agency; an
Attorney General's Statement; and copies of all relevant State statutes
and regulations. The EPA has reviewed the State Application and has
determined that the revisions to Tennessee's Petroleum UST Program are
no less stringent than the corresponding Federal requirements in
subpart C of 40 CFR part 281, and that the Tennessee Petroleum UST
Program continues to provide adequate enforcement of compliance.
Therefore, the EPA grants Tennessee final approval to operate its
Petroleum UST Program with the revisions described in the State
Application, and as outlined below. As the Tennessee UST program is a
partially approved program, this approval covers petroleum underground

storage tanks only and does not include hazardous substance underground
storage tanks under subtitle I of RCRA. The Tennessee Department of
Environment and Conservation (TDEC) is the lead implementing agency for
the Petroleum UST Program in Tennessee.

C. What is the effect of this approval on the regulated community?

    Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve state UST programs to operate in lieu of the Federal
program. With this approval, the changes described in the State
Application will become part of the approved State Petroleum UST
Program, and therefore will be federally enforceable. Tennessee will
continue to have primary enforcement authority and responsibility for
its Petroleum UST Program. This action does not impose additional
requirements on the regulated community because the regulations being
approved by this rule are already in effect in the State of Tennessee
and are not changed by this action. This action merely approves the
existing State regulations as meeting the 2015 Federal Revisions and
rendering them federally enforceable.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action, and we
anticipate no adverse comment. Tennessee addressed all comments it
received during its comment period when the rules and regulations being
considered in this document were proposed at the State level.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is simultaneously
publishing a separate document in the ``Proposed Rules'' section of
this Federal Register that serves as the proposal to approve the
State's Petroleum UST Program revisions and provides an opportunity for
public comment. If the EPA receives comments that oppose this approval,
the EPA will withdraw this direct final rule by publishing a document
in the Federal Register before it becomes effective. The EPA will make
any further decision on approval of the State Application after
considering all comments received during the comment period. The EPA
will then address all public comments in a later final rule. You may
not have another opportunity to comment. If you want to comment on this
approval, you must do so at this time.

F. For what has Tennessee previously been approved?

    On September 1, 1996, Tennessee submitted a complete State program
approval application seeking approval of its Petroleum UST Program
under subtitle I of RCRA. Tennessee did not request approval of the
underground storage tank program for hazardous substances. Effective
January 19, 1999, the EPA granted final approval for Tennessee to
administer its Petroleum UST Program in lieu of the Federal UST program
(63 FR 63793, Nov. 17, 1998). Effective July 27, 1999, the EPA
incorporated by reference and codified the federally approved Tennessee
Petroleum UST Program (64 FR 28927, May 28, 1999). As a result of the
EPA's approval, these provisions became subject to the EPA's corrective
action, inspection, and enforcement authorities under RCRA sections
9003(h), 9005, and 9006, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions.

G. What changes is the EPA approving with this action and what
standards do we use for review?

    In order to be approved, each state program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
    As more fully described below, the State has made changes to its
Petroleum UST Program to reflect the 2015 Federal Revisions. These
changes are included in Tennessee's UST Rules at Tenn. Comp. R. & Regs.
0400-18-01-.01 to .17, effective October 13, 2018. The EPA is approving
the State's changes because they are no less stringent than the Federal
UST program, and because the revised Tennessee Petroleum UST Program
will continue to provide for adequate enforcement of compliance as
required by 40 CFR 281.11(b) and part 281, subparts C and D, after this
approval.
    TDEC continues to be the lead implementing agency for the Petroleum
UST Program in Tennessee. TDEC has broad statutory and regulatory
authority to regulate the installation, operation, maintenance, and
closure of USTs, as well as UST releases, under the Tennessee Petroleum
Underground Storage Tank Act (the UST Act) of 1988, Tenn. Code Ann.
sections 68-215-101 to 68-215-204 (2018), and the Tennessee UST Rules
at Tenn. Comp. R. & Regs. 0400-18-01-.01 to .17 (2018).
    The following State authorities provide authority for compliance
monitoring as required by 40 CFR 281.40: Tenn. Code Ann. sections 68-
215-107(e)(1) through (4) and 68-215-123; and Tenn. Comp. R. & Regs.
0400-18-01-.03(2).
    The following State authorities provide authority for enforcement
response as required by 40 CFR 281.41: Tenn. Code Ann. sections 68-215-
106(c), (e), and (f), 68-215-107(b), (c), (d), (e)(5), and (e)(6), 68-
215-114, 68-215-116, 68-215-118, 68-215-119, 68-215-121, 68-215-122,
and 4-5-313; and Tenn. Comp. R. & Regs. 0400-18-01-.09(17) and 0400-18-
01-.15.
    The following State authorities provide authority for enabling
public participation in the State enforcement process, including
citizen intervention and the submission of complaints, as required by
40 CFR 281.42: Tenn. Code Ann. sections 68-215-121(e), 68-215-123, 4-5-
308(a) through (c), and 4-5-310; and Tenn. Comp. R. & Regs. 0400-18-
01-.06(11). Further, through a Memorandum of Agreement between TDEC and
the EPA, effective October 12, 2018, the State maintains procedures for
receiving and ensuring proper consideration of information about
violations submitted by the public, and TDEC will not oppose citizen
intervention when permissive intervention is allowed by statute, rule,
or regulation.
    Pursuant to 40 CFR 281.43, the State is required to provide
authority for enabling the sharing of information in the State files
obtained or used in the administration of the State Petroleum UST
Program with the EPA. Through a Memorandum of Agreement between TDEC
and the EPA, effective October 12, 2018, the State agrees to furnish
the EPA, upon request, any information in State files obtained or used
in the administration of the State Petroleum UST Program. Further, the
following State authorities provide authority for enabling the sharing
of information in the State files obtained or used in the
administration of the State Petroleum UST Program with the EPA as
required by 40 CFR 281.43: Tenn. Code Ann. section 68-215-108 and Tenn.
Comp. R. & Regs. 0400-18-01-.01(5)(e).
    To qualify for final approval, revisions to a state's UST program
must be no less stringent than the 2015 Federal Revisions. In the 2015
Federal Revisions, the EPA addressed UST systems deferred in the 1988
UST regulations, and added, among other things: New operation and
maintenance requirements; secondary containment

requirements for new and replaced tanks and piping; operator training
requirements; and a requirement to ensure UST system compatibility
before storing certain biofuel blends. In addition, the EPA removed
past deferrals for emergency generator tanks, field constructed tanks,
and airport hydrant systems. Tennessee adopted all of the required 2015
Federal Revisions at Tenn. Comp. R. & Regs. 0400-18-01-.01 to .17
(2018).
    As part of the State Application, the Tennessee Attorney General
has certified that the State regulations provide for adequate
enforcement of compliance and meet the no less stringent criteria in 40
CFR part 281, subparts C and D. The EPA is relying on this
certification, in addition to the analysis submitted by the State, in
approving the State's changes.

H. Where are the revised State rules different from the Federal rules?

    States may enact laws that are more stringent than their Federal
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved
state program includes requirements that are considered more stringent
than those required by Federal law, the more stringent requirements
become part of the federally approved program in accordance with 40 CFR
281.12(a)(3)(i). The EPA has determined that some of Tennessee's
regulations are considered more stringent than the Federal program, and
upon approval, they will become part of the federally approved State
Petroleum UST Program and therefore federally enforceable.
    In addition, states may enact laws which are broader in scope than
their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii).
State requirements that go beyond the scope of the Federal program are
not part of the federally approved program and the EPA cannot enforce
them. Although these requirements are enforceable by the State in
accordance with Tennessee law, they are not Federal RCRA requirements.
The EPA considers the following State requirements to be broader in
scope than the Federal program and therefore not part of the federally
approved State Petroleum UST Program:
Statutory Broader in Scope Provisions
    i. Tenn. Code Ann. section 68-215-103(17)(A)(iii) and (iv), as to
the definition of ``Responsible party,'' insofar as these provisions
include entities other than owners and operators, as these terms are
defined in 40 CFR 280.12.
    ii. Tenn. Code Ann. section 68-215-104(3), insofar as it refers to
the payment of fees associated with the Petroleum UST Program.
    iii. Tenn. Code Ann. section 68-215-104(4), insofar as it refers to
reimbursement from Tennessee's Petroleum Underground Storage Tank Fund
(State Fund).
    iv. Tenn. Code Ann. section 68-215-106(a)(6), insofar as it places
notification requirements on persons other than owners and operators,
as these terms are defined in 40 CFR 280.12.
    v. Tenn. Code Ann. section 68-215-109, insofar as it establishes
annual tank fees and provides for promulgation of regulations regarding
these fees.
    vi. Tenn. Code Ann. section 68-215-110(b) through (h), insofar as
these provisions provide for the creation of the State Fund and
environmental assurance fee.
    vii. Tenn. Code Ann. section 68-215-111, insofar as it provides
criteria for the qualified expenditure of funds, requirements for fund
eligibility, and promulgation of regulations regarding the State Fund.
    viii. Tenn. Code Ann. section 68-215-115, insofar as it provides
the procedures for the State to recover its costs for investigation,
identification, containment, or clean up of a particular site.
    ix. Tenn. Code Ann. section 68-215-125, insofar as it prohibits the
State Fund from being considered an insurance company or a member of
the Tennessee Insurance Guaranty Association.
    x. Tenn. Code Ann. section 68-215-129, insofar as it provides
criteria for cleanup contracts and reimbursement from the State Fund.
Regulatory Broader in Scope Provisions
    i. Tenn. Comp. R. & Regs. 0400-18-01-.01(4)1.(iii) and (iv), as to
the definition for ``Responsible party,'' insofar as these provisions
include entities other than owners and operators, as these terms are
defined in 40 CFR 280.12.
    ii. Tenn. Comp. R. & Regs. 0400-18-01-.02(1)(a)2., insofar as it
requires owners to submit annual tank fees as part of the notification
requirement.
    iii. Tenn. Comp. R. & Regs. 0400-18-01-.02(4)(c)6.(ii)(II)IV.,
insofar as it refers to tank fees and late penalties.
    iv. Tenn. Comp. R. & Regs. 0400-18-01-.04(1)(e), insofar as it
requires inspection of dispensers.
    v. Tenn. Comp. R. & Regs. 0400-18-01-.05(1)(b) and (c), insofar as
these provisions contain requirements for coverage and reimbursement
from the State Fund.
    vi. Tenn. Comp. R. & Regs. 0400-18-01-.06(2)(b)1., as to the text
``The fund shall not reimburse the owner, operator, and/or other
responsible party of [the] petroleum UST system for the cost of
generating duplicate data,'' insofar as this text pertains to the State
Fund.
    vii. Tenn. Comp. R. & Regs. 0400-18-01-.06(3)(f), insofar as it
provides eligibility requirements for the State Fund.
    viii. Tenn. Comp. R. & Regs. 0400-18-01-.06(7)(c), insofar as it
provides for reimbursement from the State Fund.
    ix. Tenn. Comp. R. & Regs. Appendix 0400-18-01-.07-A, as to the
text ``transport and'' in (4)(a) and (4)(e), insofar as these
provisions pertain to the transportation of a tank.
    x. Tenn. Comp. R. & Regs. 0400-18-01-.08(5)(a) and (b), insofar as
these provisions establish eligibility requirements for the State Fund.
    xi. Tenn. Comp. R. & Regs. 0400-18-01-.09(1) through (16), insofar
as these provisions regulate disbursements, coverage, and fund
eligibility regarding the State Fund and provide for approval of
corrective action contractors and recovery of State costs.
    xii. Tenn. Comp. R. & Regs. 0400-18-01-.10, insofar as it
establishes a system and schedule for the collection of fees under the
UST Act.
    xiii. Tenn. Comp. R. & Regs. 0400-18-01-.12(3), insofar as it
establishes eligibility requirements for the State Fund.
    xiv. Tenn. Comp. R. & Regs. 0400-18-01-.12(4), insofar as it
pertains to the payment of annual tank fees.

II. Codification

A. What is codification?

    Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the CFR. The EPA codifies its approval of state programs
in 40 CFR part 282 and incorporates by reference state statutes and
regulations that the EPA can enforce, after the approval is final,
under sections 9005 and 9006 of RCRA, and any other applicable
statutory provisions. The incorporation by reference of the EPA-
approved state programs in the CFR should substantially enhance the
public's ability to discern the status of the approved state UST
programs and state requirements that can be federally enforced. This
effort provides clear notice to the public of the scope of the approved
program in each state.

B. What is the history of codification of Tennessee's Petroleum UST
Program?

    In 1999, the EPA incorporated by reference and codified Tennessee's
approved Petroleum UST Program at 40 CFR 282.92 (64 FR 28927, May 28,
1999). Through this action, the EPA is amending 40 CFR 282.92 to
incorporate by reference and codify Tennessee's revised Petroleum UST
Program.

C. What codification decisions is the EPA making in this rule?

    In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Tennessee Petroleum
UST Program, including the revisions made to the Petroleum UST Program
based on the 2015 Federal Revisions. In accordance with the
requirements of 1 CFR 51.5, the EPA is incorporating by reference
Tennessee's statutes and regulations as described in the amendments to
40 CFR part 282 set forth below. These documents are available through
https://www.regulations.gov. This codification reflects the State
Petroleum UST Program that will be in effect at the time the EPA's
approval of the revisions to the Tennessee Petroleum UST Program
addressed in this direct final rule becomes final. If, however, the EPA
receives substantive comment on the proposed rule, the EPA will
withdraw this direct final rule and this codification will not take
effect. The EPA will consider all comments and will make a decision on
program approval and codification in a future final rule. By codifying
the approved Tennessee Petroleum UST Program and by amending the CFR,
the public will more easily be able to discern the status of the
federally approved requirements of the Tennessee Petroleum UST Program.
    Specifically, in 40 CFR 282.92(d)(1)(i), the EPA is incorporating
by reference the EPA-approved Tennessee Petroleum UST Program. Section
282.92(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved State Petroleum UST Program, although not
incorporated by reference for enforcement purposes, unless they impose
obligations on the regulated entity. Section 282.92(d)(1)(iii)
identifies the State's statutory and regulatory provisions that are
broader in scope or external to the State's approved Petroleum UST
Program and therefore not incorporated by reference. Section
282.92(d)(2) through (5) reference the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, Program Description,
and Memorandum of Agreement, which are part of the State Application
and part of the Petroleum UST Program under subtitle I of RCRA.

D. What is the effect of the EPA's codification of the federally
approved Tennessee Petroleum UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved states. If the EPA determines it will take such
actions in Tennessee, the EPA will rely on Federal sanctions, Federal
inspection authorities, and other Federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference
Tennessee's procedural and enforcement authorities, although they are
listed in 40 CFR 282.92(d)(1)(ii).

E. What State provisions are not part of the codification?

    As discussed in section I.H. above, some provisions of the State's
Petroleum UST Program are not part of the federally approved State
Petroleum UST Program because they are broader in scope than the
Federal UST program. Where an approved state program has provisions
that are broader in scope than the Federal program, those provisions
are not a part of the federally approved program. As a result, State
provisions which are broader in scope than the Federal program are not
incorporated by reference for purposes of enforcement in part 282. See
40 CFR 281.12(a)(3)(ii). In addition, provisions that are external to
the state UST program approval requirements, but included in the State
Application, are also being excluded from incorporation by reference in
part 282. For reference and clarity, 40 CFR 282.92(d)(1)(iii) lists the
Tennessee statutory and regulatory provisions which are broader in
scope than the Federal program or external to State UST program
approval requirements. These provisions are, therefore, not part of the
approved UST Program that the EPA is codifying. Although these
provisions cannot be enforced by the EPA, the State will continue to
implement and enforce such provisions under State law.

III. Statutory and Executive Order (E.O.) Reviews

    The EPA's actions merely approve and codify Tennessee's revised
Petroleum UST Program requirements pursuant to RCRA section 9004, and
do not impose additional requirements other than those imposed by State
law. For that reason, these actions:
     Are not significant regulatory actions and have been
exempted from review by the Office of Management and Budget under
Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because they are not ``significant regulatory actions'' under
Executive Order 12866 (58 FR 51735, October 4, 1993);
     Are not subject to the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA;
     Do not provide the EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994); and
     Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
    As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing this document and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). This final action will be effective
November 8, 2021.

List of Subjects in 40 CFR Parts 281 and 282

    Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, Underground storage tanks.

    Authority: This action is issued under the authority of sections
2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.

    Dated: August 30, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority:  42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Revise Sec.  282.92 to read as follows:

Sec.  282.92  Tennessee State-Administered Program.

    (a) History of the approval of Tennessee's program. The State of
Tennessee (Tennessee or State) is approved to administer and enforce a
petroleum underground storage tank (UST) program in lieu of the Federal
program under subtitle I of the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's
Petroleum Underground Storage Tank Program (Petroleum UST Program), as
administered by the Tennessee Department of Environment and
Conservation (TDEC), was approved by the EPA pursuant to 42 U.S.C.
6991c and part 281 of this chapter. The EPA approved the Tennessee
Petroleum UST Program on November 17, 1998, and it was effective on
January 15, 1999. A subsequent program revision was approved by the EPA
and became effective November 8, 2021.
    (b) Enforcement authority. Tennessee has primary responsibility for
administering and enforcing its federally approved Petroleum UST
Program. However, the EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions. The EPA also retains all authority
to operate the hazardous substance underground storage tank program.
    (c) Retention of program approval. To retain program approval,
Tennessee must revise its approved Petroleum UST Program to adopt new
changes to the Federal subtitle I program which make it more stringent,
in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR
part 281, subpart E. If Tennessee obtains approval for revised
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the
newly approved statutory and regulatory provisions will be added to
this subpart and notice of any change will be published in the Federal
Register.
    (d) Final approval. Tennessee has final approval for the following
elements of its Petroleum UST Program submitted to the EPA and approved
effective January 15, 1999, and the program revisions approved by the
EPA effective on November 8, 2021.
    (1) State statutes and regulations--(i) Incorporation by reference.
The Tennessee materials cited in this paragraph (d)(1)(i) and listed in
appendix A to this part, are incorporated by reference as part of the
Petroleum UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
access copies of the Tennessee statutes and regulations that are
incorporated by reference in this paragraph (d)(1)(i) from the
Tennessee Department of Environment and Conservation, Division of
Underground Storage Tanks, William R. Snodgrass Tennessee Tower, 12th
Floor, 312 Rosa L. Parks Ave., Nashville, TN 37243; Phone number: (615)
532-0730; website: https://www.tn.gov/environment/program-areas/ust-underground-storage-tanks/ust/act-rules-and-policies.html. You may
inspect all approved material at the EPA Region 4, 61 Forsyth Street
SW, Atlanta, Georgia 30303; Phone number:<PHONE_NUMBER>; or the
National Archives and Records Administration (NARA), email:
<EMAIL_ADDRESS>website: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``Tennessee Statutory Requirements Applicable to the Petroleum
Underground Storage Tank Program,'' dated May 11, 2021.
    (B) ``Tennessee Regulatory Requirements Applicable to the Petroleum
Underground Storage Tank Program,'' dated May 11, 2021.
    (ii) Legal basis. The EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the Petroleum UST Program, but these provisions do
not replace Federal authorities. Further, these provisions are not
being incorporated by reference, unless the provisions place
requirements on regulated entities.
    (A) Tennessee Petroleum Underground Storage Tank Act (the UST Act)
of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018). (1)
Section 68-215-106(c), (e), and (f), insofar as these provisions
provide for delivery prohibition and enforcement of the Petroleum UST
Program.
    (2) Section 68-215-106(d), insofar as it provides for criminal
prosecution under the UST Act.
    (3) Section 68-215-107(a), insofar as it establishes authority over
the placement and storage of petroleum substances in underground
storage tanks, release prevention, release detection, release
correction, closure, and post-closure care of petroleum underground
storage tanks in Tennessee.
    (4) Section 68-215-107(b), insofar as it provides for the issuance
of orders to enforce the Petroleum UST Program.
    (5) Section 68-215-107(c) and (d), insofar as these provisions
identify specific authorities for release response and corrective
actions, including in response to an imminent and substantial danger.
    (6) Section 68-215-107(e), insofar as it identifies specific
authorities for compliance monitoring and enforcement.
    (7) Section 68-215-107(f), insofar as it provides for the
promulgation of regulations for the implementation of the Petroleum UST
Program.
    (8) Section 68-215-107(g)(1), insofar as it provides evaluation
considerations for the State's approval of a cleanup plan.

    (9) Section 68-215-108, insofar as it provides for the protection
of ``proprietary'' information and sharing of information in the files
obtained or used in the administration of the Petroleum UST Program
with the EPA.
    (10) Section 68-215-114, insofar as it provides for the issuance
and enforcement of correction orders; and establishes liability costs
for responsible parties.
    (11) Section 68-215-116, insofar as it provides for an assessment
of penalties under the UST Act.
    (12) Section 68-215-117, insofar as it provides for immunity from
liability under the UST Act in certain circumstances.
    (13) Section 68-215-118, insofar as it identifies authorities for
enforcement response, specifically authority over governmental
entities, under the UST Act.
    (14) Section 68-215-119, insofar as it identifies authorities for
enforcement response and provides for review of orders and appeal of
any determination by the Tennessee Department of Environment and
Conservation (TDEC) under the UST Act.
    (15) Section 68-215-120, insofar as it provides for criminal
prosecution under the UST Act.
    (16) Section 68-215-121, insofar as it identifies authorities for
enforcement response and public participation, provides for assessment
of civil penalties and damages, and establishes third-party
intervention under the UST Act.
    (17) Section 68-215-122, insofar as it identifies authorities for
enforcement response and provides for injunctions as a legal remedy
under the UST Act.
    (18) Section 68-215-123, insofar as it identifies specific
authorities for compliance monitoring and public participation and
provides for any person to submit a complaint against any person for
violating the UST Act.
    (19) Section 68-215-126, insofar as it establishes authority in
relation to local laws or regulations.
    (20) Section 68-215-127, insofar as it establishes authority over
releases of petroleum from underground storage tanks and creates the
soil and groundwater classification and cleanup criteria.
    (B) Tennessee's Underground Storage Tank Regulations, Tenn. Comp.
R. & Regs. 0400-18-01-.01 to .17 (2018). (1) 0400-18-01-.01(5)(e),
insofar as it provides for the State's sharing of information with the
EPA.
    (2) 0400-18-01-.03(2), insofar as it identifies specific
authorities for compliance monitoring and provides for reporting and
maintenance of records.
    (3) 0400-18-01-.06(11), insofar as it provides for public
participation in the corrective action process.
    (4) 0400-18-01-.08(20) and (21), insofar as these provisions
provide procedures governing the forfeiture of financial assurance and
release of financial assurance mechanism documents.
    (5) 0400-18-01-.09(17), insofar as it provides for assessment of
civil penalties for failure to comply with orders issued under the UST
Act.
    (6) 0400-18-01-.11, insofar as it provides for appeal of any
determination by TDEC under the provisions of Tennessee's Underground
Storage Tank Regulations, procedures for contested cases, and the State
Administrative Procedures Act.
    (7) 0400-18-01-.15, insofar as it identifies specific authorities
for enforcement response and delivery prohibition requirements.
    (C) Tennessee's Uniform Administrative Procedures Act, Part 3--
Contested Cases, Tenn. Code Ann. sections 4-5-301 to 4-5-325 (2018).
(1) Section 4-5-308(a) through (c), insofar as these provisions
identify authorities for public participation and provide for the
filing of pleadings, briefs, motions, and other documents.
    (2) Section 4-5-310, insofar as it identifies authorities for
public participation and provides for intervention in contested case
proceedings.
    (3) Section 4-5-313, insofar as it identifies authorities for
enforcement response and provides procedures for contested cases.
    (iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions applicable to the Tennessee
Petroleum UST Program are broader in scope than the Federal program or
external to the State UST program approval requirements. Therefore,
these provisions are not part of the approved Petroleum UST Program and
are not incorporated by reference in this section:
    (A) Tennessee Petroleum Underground Storage Tank Act (the UST Act)
of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018). (1)
Section 68-215-102 is external insofar as it contains the State's
public policy for regulating underground storage tanks.
    (2) Section 68-215-103(17)(A)(iii) and (iv), as to the definition
of ``Responsible party,'' insofar as these provisions include entities
other than owners and operators, as these terms are defined in 40 CFR
280.12.
    (3) Section 68-215-104(3), insofar as it refers to the payment of
fees associated with the Petroleum UST Program.
    (4) Section 68-215-104(4), insofar as it refers to reimbursement
from Tennessee's Petroleum Underground Storage Tank Fund (State Fund).
    (5) Section 68-215-106(a)(6), insofar as it places notification
requirements on persons other than owners and operators, as these terms
are defined in 40 CFR 280.12.
    (6) Section 68-215-106(b)(1) and (2) are external insofar as these
provisions contain obligations on the State agency, not a regulated
entity.
    (7) Section 68-215-109, insofar as it establishes annual tank fees
and provides for promulgation of regulations regarding these fees.
    (8) Section 68-215-110(b) through (h), insofar as these provisions
provide for the creation of the State Fund and environmental assurance
fee.
    (9) Section 68-215-111, insofar as it provides criteria for the
qualified expenditure of funds, requirements for fund eligibility, and
promulgation of regulations regarding the State Fund.
    (10) Section 68-215-115, insofar as it provides the procedures for
the State to recover its costs for investigation, identification,
containment, or cleanup of a particular site.
    (11) Section 68-215-125, insofar as it prohibits the State Fund
from being considered an insurance company or a member of the Tennessee
Insurance Guaranty Association.
    (12) Section 68-215-129, insofar as it provides criteria for
cleanup contracts and reimbursement from the State Fund.
    (B) Tennessee's Underground Storage Tank Regulations, Tenn. Comp.
R. & Regs. 0400-18-01-.01 to .17 (2018). (1) 0400-18-01-.01(4)1.(iii)
and (iv), as to the definition for ``Responsible party,'' insofar as
these provisions include entities other than owners and operators, as
these terms are defined in 40 CFR 280.12.
    (2) 0400-18-01-.01(5)(a) through (d) are external insofar as these
provisions contain obligations on the State agency with respect to
proprietary information, not a regulated entity.
    (3) 0400-18-01-.02(1)(a)2., insofar as it requires owners to submit
annual tank fees as part of the notification requirement.
    (4) 0400-18-01-.02(4)(c)6.(ii)(II)IV., insofar as it refers to tank
fees and late penalties.
    (5) 0400-18-01-.04(1)(e), insofar as it requires inspection of
dispensers.
    (6) 0400-18-01-.05(1)(b) and (c), insofar as these provisions
contain requirements for coverage and reimbursement from the State
Fund.
    (7) 0400-18-01-.06(2)(b)1., as to the text ``The fund shall not
reimburse the

owner, operator, and/or other responsible party of [the] petroleum UST
system for the cost of generating duplicate data,'' insofar as this
text pertains to the State Fund.
    (8) 0400-18-01-.06(3)(f), insofar as it provides eligibility
requirements for the State Fund.
    (9) 0400-18-01-.06(7)(c), insofar as it provides for reimbursement
from the State Fund.
    (10) Appendix 0400-18-01-.07-A, as to the text ``transport and'' in
(4)(a) and (4)(e), insofar as these provisions pertain to the
transportation of a tank.
    (11) 0400-18-01-.08(5)(a) and (b), insofar as these provisions
establish eligibility requirements for the State Fund.
    (12) 0400-18-01-.09(1) through (16), insofar as these provisions
regulate disbursements, coverage, and fund eligibility regarding the
State Fund and provide for approval of corrective action contractors
and recovery of State costs.
    (13) 0400-18-01-.09(18) is external insofar as it pertains to the
severability of the rule.
    (14) 0400-18-01-.10, insofar as it establishes a system and
schedule for the collection of fees under the UST Act.
    (15) 0400-18-01-.12(3), insofar as it establishes eligibility
requirements for the State Fund.
    (16) 0400-18-01-.12(4), insofar as it pertains to the payment of
annual tank fees.
    (17) 0400-18-01-.14 is external insofar as it contains record
retention obligations on the State agency, not a regulated entity.
    (2) Statement of legal authority. The Attorney General's Statement,
signed on October 3, 2018, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted on
October 15, 2018, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under subtitle
I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other
material submitted on October 15, 2018, though not incorporated by
reference, are referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and TDEC, signed by the EPA Regional Administrator on
October 12, 2018, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under subtitle
I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Amend appendix A to part 282 by revising the entry for Tennessee to
read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

Tennessee

    (A) The statutory provisions include:
    Tennessee Petroleum Underground Storage Tank Act (the UST Act)
of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018):
    68-215-101 Short Title.
    68-215-103 Definitions, except (17)(A)(iii) and (iv).
    68-215-104 Prohibitions, except (3) and (4).
    68-215-105 Minimum standards.
    68-215-106 Notice; certificates and certification; except
(a)(6), (b)(1), (b)(2), and (c) through (f).
    68-215-107 Supervision; orders; enforcement; rules and
regulations; except (a) through (g)(1).
    68-215-110 Fund; environmental assurance fee; except (b) through
(h).
    68-215-112 Repealed.
    68-215-113 Repealed.
    68-215-124 Exemptions.
    68-215-128 Obsolete.
    68-215-130 Repealed.
    68-215-201 Definitions.
    68-215-202 Ownership of petroleum site or petroleum underground
storage tank or property on which a petroleum site or petroleum
underground tank is located.
    68-215-203 Operation prior to and after foreclosure.
    68-215-204 Participation in the management.
    (B) The regulatory provisions include:
    Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R.
& Regs. 0400-18-01-.01 to .17 (2018):
    0400-18-01-.01 Program Scope, Definitions, and Proprietary
Information Applicability; except (4)1.(iii) and (iv) of the
definition for ``Responsible party'' and (5).
    0400-18-01-.02 UST Systems: Installation and Operation; except
(1)(a)2. and (4)(c)6.(ii)(II)IV.
    0400-18-01-.03 Notifications, Reporting, and Record Keeping.
    0400-18-01-.04 Release Detection; except (1)(e).
    0400-18-01-.05 Release Reporting, Investigation, and
Confirmation; except (1)(b) and (c).
    0400-18-01-.06 Petroleum Release Response, Remediation, and Risk
Management; except for the text ``The fund shall not reimburse the
owner, operator, and/or other responsible party of petroleum UST
system for the cost of generating duplicate data'' in (2)(b)1. Also,
except (3)(f), (7)(c), and (11)(b) and (c).
    0400-18-01-.07 Out-of-Service UST Systems and Closure; as to
Appendix 0400-18-01-.07-A, except for the text ``transport and'' in
(4)(a). Also, except (4)(e).
    0400-18-01-.08 Financial Responsibility; except (5)(a), (5)(b),
(20), and (21).
    0400-18-01-.12 Indicia of Ownership; except (3) and (4).
    0400-18-01-.13 Reserved.
    0400-18-01-.16 Certified Operator Program.
    0400-18-01-.17 UST Systems with Field-Constructed Tanks and
Airport Hydrant Systems.
    (C) Copies of the Tennessee statutes and regulations that are
incorporated by reference are available from the Tennessee
Department of Environment and Conservation, Division of Underground
Storage Tanks, William R. Snodgrass Tennessee Tower, 12th Floor, 312
Rosa L. Parks Ave., Nashville, TN 37243; Phone number: (615) 532-
0730; website: https://www.tn.gov/environment/program-areas/ust-underground-storage-tanks/ust/act-rules-and-policies.html.
* * * * *
[FR Doc. 2021-19339 Filed 9-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50510-50511]
[FR Doc No: 2017-23247]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0296; Airspace Docket No. 17-ACE-7]

Amendment of Class E Airspace; Oskaloosa, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects a final rule published in the Federal
Register of August 28, 2017 that modifies E airspace extending upward
from 700 feet above the surface at Oskaloosa Municipal Airport,
Oskaloosa, IA, to accommodate new standard instrument approach
procedures for instrument flight rules (IFR) operations at the airport.
The FAA identified that the reference to the Ottumwa, IA Class E
airspace was not removed from the legal description as it should have
been.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX, 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (82 FR
40692, August 28, 2017) Docket No. FAA-2017-0296; corrected (82 FR
47098, October 11, 2017), Docket No. FAA-2017-0315, modifying Class E
airspace extending upward from 700 feet above the surface at Oskaloosa
Municipal Airport, Oskaloosa, IA.
    Subsequent to publication, The FAA found that reference to the
Ottumwa, IA Class E airspace was inadvertently left in the airspace
description. This action removes the wording from the legal
description.

    Class E airspace designations are published in paragraph 6005,
respectively, of FAA Order 7400.11B, dated August 2, 2017, and
effective September 15, 2017, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of August 3, 2017 (82 FR 40692) FR Doc. 2017-18107,
Amendment of Class E Airspace; Oskaloosa, IA, is corrected as follows:

Sec.  71.1   [Amended]

ACE IA E5 Oskaloosa, IA [Corrected]

0
On page 40694 column 1, on lines 11 and 12, remove the following text:

``excluding that airspace within the Ottumwa, IA Class E airspace
area.''

    Issued in Fort Worth, Texas on October 17, 2017.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-23247 Filed 10-31-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60625-60626]
[FR Doc No: 2021-23960]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR21-61-001.

    Applicants: Whistler Pipeline LLC.
    Description: Submits tariff filing per 284.123(b),(e)/: Amendment
to 1 to be effective 8/1/2021 under PR21-61 Filing.
    Filed Date: 10/25/21.
    Accession Number: 202111025-5109.
    Comments/Protests Due: 5 p.m. ET 11/15/21.

    Docket Numbers: RP22-88-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Twin Eagle
911817 and 911818 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5017.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-89-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Sequent
911825 eff 11-1-2021 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5020.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-90-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Chesapeake
911801 and 911802 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5042.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-91-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BUG 911814
eff 11-1-2021 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5053.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-92-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Equinor
Amendment 910953 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5077.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-93-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--UGI 911777
eff 11-1-2021 to be effective 11/1/2021.
    Filed Date: 10/27/21.
    Accession Number: 20211027-5103.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: RP22-94-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: Transco Annual Penalty Revenue
Sharing Report 2021 to be effective N/A.
    Filed Date: 10/28/21.
    Accession Number: 20211028-5019.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: RP22-95-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Service Amds--
Ascent & Antero to be effective 11/1/2021.
    Filed Date: 10/28/21.
    Accession Number: 20211028-5050.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: RP22-96-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Ruby FLU and EPC Update Filing
to be effective 12/1/2021.
    Filed Date: 10/28/21.
    Accession Number: 20211028-5066.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: RP22-97-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Shell 911829
to be effective 11/1/2021.
    Filed Date: 10/28/21.
    Accession Number: 20211028-5070.
    Comment Date: 5 p.m. ET 11/9/21.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP21-1129-001.
    Applicants: ANR Pipeline Company.
    Description: Compliance filing: ANR Best Bid Evaluation Compliance
to be effective 10/20/2021.
    Filed Date: 10/28/21.
    Accession Number: 20211028-5033.
    Comment Date: 5 p.m. ET 11/9/21.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 28, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-23960 Filed 11-2-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Page 80706]
[FR Doc No: 2016-27630]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Wednesday,
November 16, 2016 at 1 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the closed meeting in closed session, and determined that no
earlier notice thereof was possible.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

     Dated: November 10, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-27630 Filed 11-14-16; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Notices]
[Page 60665-60666]
[DOCID:fr25oc07-68]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act: Notice of Meeting, Notice of Vote, Explanation of
Action Closing Meeting and List of Persons To Attend

October 18, 2007.
    The following notice of meeting is published pursuant to section
3(a) of the Government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: October 25, 2007, 10 a.m.

Place: Room 2C, Commission Meeting Room, 888 First Street, NE.,
Washington, DC 20426.

Status: Closed.

Matters to Be Considered: Non-Public Investigations and Inquiries,
Enforcement Related Matters.

Contact Person for More Information: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and
Wellinghoff voted to hold a closed meeting on October 25, 2007. The
certification of the General Counsel explaining the action closing the
meeting is available for public inspection in the Commission's Public
Reference Room at 888 First Street, NE., Washington, DC 20426.
    The Chairman and the Commissioners, their assistants, the
Commission's Secretary, the General Counsel and members of her staff,
and a stenographer are expected to attend the meeting. Other staff
members from the Commission's program offices who

will advise the Commissioners in the matters discussed will also be
present.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20951 Filed 10-24-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42052-42055]
[FR Doc No: 2011-17901]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[EPA-HQ-OAR-2003-0146; FRL-9439-2]
RIN 2060-AO55

National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; partial withdrawal.

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SUMMARY: On October 28, 2009, the EPA proposed to withdraw the residual
risk and technology review portions of the final rule amending the
National Emission Standards for Hazardous Air Pollutants From Petroleum
Refineries. EPA is now providing final notice of the partial
withdrawal.

DATES: As of August 17, 2011, EPA withdraws portions of the final rule
signed by then Administrator Stephen Johnson on January 16, 2009.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0146. All documents in the docket are
listed in the http://www.regulations.gov index. 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. Publicly available docket materials are available
either electronically in www.regulations.gov or in hard copy at the EPA
Docket Center, Environmental Protection Agency, EPA West Building, 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<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Refining and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
3608; fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background Information

    Section 112 of the Clean Air Act (CAA) establishes a two-stage
regulatory process to address emissions of hazardous air pollutants
(HAP) from stationary sources. In the first stage, after the EPA has
identified categories of

sources emitting one or more of the HAP listed in section 112(b) of the
CAA, section 112(d) calls for the Administrator to promulgate national
emission standards for hazardous air pollutants for those sources. The
EPA is then required to review these technology-based standards, and to
revise them ``as necessary (taking into account developments in
practices, processes, and control technologies)'' no less frequently
than every 8 years, under CAA section 112(d)(6). The second stage in
standard-setting focuses on reducing any remaining ``residual'' risk
according to CAA section 112(f).
    On January 16, 2009, then Administrator Stephen Johnson signed a
final rule amending the National Emission Standards for Hazardous Air
Pollutants From Petroleum Refineries, and the signed rule was made
publicly available on the EPA's website. The signed rule included
several different actions. First, it promulgated maximum achievable
control technology (MACT) standards under CAA sections 112(d)(2) and
(3) for heat exchange systems, which the EPA had not addressed in the
original Refinery MACT 1 rule (40 CFR part 63, subpart CC). Second,
pursuant to CAA section 112(f)(2), the rule addressed residual risk for
all Refinery MACT 1 sources, including heat exchange systems. Third, it
addressed the technology review pursuant to CAA section 112(d)(6) for
all sources addressed in the original Refinery MACT 1 rule. Finally,
the rule updated the table in the Refinery MACT 1 standards (Table 6)
that cross-references the General Provisions in 40 CFR part 63, subpart
A, and made a few additional clarifications to dates and cross-
references in the Refinery MACT 1 standards.
    The signed rule was submitted to the Office of the Federal Register
for publication. Rahm Emanuel, Assistant to the President and Chief of
Staff, issued a memorandum on January 20, 2009, directing Agencies to
withdraw from the Office of the Federal Register ``all proposed or
final regulations that have not been published in the Federal Register
so that they can be reviewed and approved by a department or agency
head.'' Although there was an exception for ``regulations subject to
statutory or judicial deadlines,'' the Agency chose not to apply the
exception in this case. One portion of the final rule, the CAA section
112(d)(6) review, was performed pursuant to the terms of a Consent
Decree, which, as modified, required that by January 16, 2009, the EPA
``shall sign and promptly forward to the Federal Register for
publication either final revisions to the standards for petroleum
refineries in 40 CFR part 63, subpart CC pursuant to 42 U.S.C.
7412(d)(6) or a final determination that no revisions are necessary.''
Then Administrator Stephen Johnson signed the rule on January 16, 2009,
and promptly forwarded it to the Office of the Federal Register, thus,
fulfilling this obligation.\1\
---------------------------------------------------------------------------

    \1\ We note that on January 30, 2009, the litigants notified EPA
by letter that they believed the Agency had discharged its
obligation under the Consent Decree, and that ``further review of
the rule pursuant to the Emanuel memo will not violate the Consent
Decree.'' (See Docket Item No. EPA-HQ-OAR-2003-0146-0209.)
---------------------------------------------------------------------------

    Upon further review, the EPA determined that the residual risk and
technology reviews may not accurately characterize the risk posed by
this source category. Shortly after the rule was signed, the EPA
responded to a Request for Correction under the EPA's Information
Quality Guidelines from the city of Houston.\2\ In that response, we
recognized that we were currently taking action (and planned to take
additional action) to gather better emissions information from the
refining industry. Additionally, we noted that, during the comment
period on the proposed rule, similar issues were raised concerning the
representativeness of the emissions data and whether they provided an
accurate basis for characterizing the risks posed.
---------------------------------------------------------------------------

    \2\ Letter to U.S. EPA Information Quality Guidelines staff from
the Honorable Bill White, Mayor of Houston, July 9, 2008, Docket
Item No. EPA-HQ-OAR-2003-0146-0166.3; EPA's response is Letter to
Mayor Bill White, Houston, Texas, from Elizabeth Craig, Acting
Assistant Administrator, Office of Air and Radiation, U.S. EPA,
April 7, 2009. (See Docket Item No. EPA-HQ-OAR-2003-0146-0210.)
---------------------------------------------------------------------------

    After consideration of the public comments on the proposal to
withdraw portions of the final rule, we are providing final notice of
the Agency's decision to partially withdraw the final rule. As stated
in the preamble to the proposed withdrawal, the EPA will provide the
public with an opportunity to comment on any new proposed rule that may
be issued addressing the residual risk and technology review
requirements of the CAA for this source category.

II. Summary of Comments and Responses

    The EPA received a total of six comment letters concerning the
proposed partial withdrawal. Comment letters were received from
industry trade associations, local environmental organizations,
environmental groups, and members of the public. Summaries of the
comments and our complete responses are included in the following
section.
    Comment: Four commenters supported the EPA's proposed partial
withdrawal of the Refinery MACT 1 standards signed on January 16, 2009,
and supported further analysis leading to a revised set of proposed
standards. Several of these commenters asserted that the withdrawal is
necessary because the EPA failed to adequately address their comments
on the standards that were proposed on September 4, 2007 (72 FR 50716),
and November 10, 2008 (73 FR 66694). Some of the comments submitted on
those previous proposals and reiterated by the commenters included: (1)
Objections to the EPA's interpretation of the CAA requirement that the
standards provide an ``ample margin of safety''; (2) assertions that
the maximum individual lifetime cancer risk allowed by the CAA is 1 in
1 million; (3) objections to the length of time allowed for compliance
with standards for storage vessels with floating roofs; (4)
identification of multiple deficiencies in the risk assessment
methodology, including use of actual emissions rather than allowable
emissions and the estimation of emissions at census block centroids
rather than property lines; and (5) assertions that the emissions data
used in the risk assessment were underestimated and unrepresentative.
The commenters requested that the EPA collect more accurate emissions
data and re-analyze the residual risk for Refinery MACT 1 using a
methodology without the identified deficiencies.
    Response: We appreciate the four commenters' support for the
withdrawal of the residual risk and technology review portions of the
revisions to the Refinery MACT 1 standards. In this notice, the EPA is
not making any decisions regarding the scope of residual risk and
technology review standards under the CAA or on the specific data that
would form the basis for a particular decision. Substantive comments on
those issues should be raised in the context of future proposed rules
addressing the CAA residual risk and technology review for one or more
specific source categories.
    Comment: Two commenters objected to the proposed withdrawal of the
residual risk and technology review portions of the Refinery MACT 1
standards that were signed on January 16, 2009. These commenters noted
that the EPA spent several years collecting data and considering
stakeholder comments, finally reaching the conclusion that the Refinery
MACT 1 standards provide an ample margin of safety based on data that
the EPA judged to be representative of the source category. The
commenters asserted that

the docket for the Refinery MACT 1 rulemaking (Docket ID EPA-HQ-OAR-
2003-0146) does not include any specific support for the EPA's decision
to reject that previous conclusion. According to the commenters, the
only support for withdrawing the rule and redoing the analyses is
provided in public comments submitted for the proposed rules, and the
EPA considered those comments prior to finalizing the rule signed on
January 16, 2009. The commenters requested that the EPA present any
additional data received or analyses performed since January 16, 2009,
to support withdrawal of the standards, and clearly explain any
differences in assumptions or methodologies used in the analyses.
    One commenter asserted that residual risk and technology review for
Refinery MACT 1 has been a time- and resource-consuming process, and
due to the EPA's other obligations under the CAA, it is not in the best
interest of the public for the EPA to repeat the entire process without
good cause. The commenter detailed a number of analyses in the docket
showing that the EPA believed its emissions estimates and risk
assessment methodologies were appropriate for the rulemaking. The
commenter also noted that, if the EPA always postponed regulatory
action because data may become available in the future, no regulatory
actions would ever be completed. According to the commenter, refiners
continue to make improvements in emissions reductions, and the heat
exchange system standards will reduce emissions from cooling towers, so
further data collection would only serve to support the conclusion that
the current standards provide an ample margin of safety.
    Two commenters addressed the EPA's responsibilities under the Data
Quality Act (DQA) related to the Request for Correction filed by Mayor
White of Houston (RFC 02003). The commenters stated that the EPA
fulfilled its DQA obligations through its response to Mayor White on
April 7, 2009 (Docket Item No. EPA-HQ-OAR-2003-0146-0210), which
describes the steps that the EPA plans to take to improve annual
emissions estimates. Since the EPA has addressed the DQA concerns
raised by Mayor White, the commenters asserted that it is not necessary
for the Agency to take action on the proposed withdrawal of the
Refinery MACT 1 standards to further address those concerns.
    Response: As the commenters noted, we did reach the conclusions
presented in the rule that was signed on January 16, 2009, through
analysis of the data we had at the time. The commenters are correct
that, as of the time of the proposed withdrawal, we had not yet
received any specific, additional data to support changing the
conclusions reached in the final rule. However, our proposal was not
based on the receipt of such information. Our decision to withdraw the
residual risk and technology review portions of the January 16, 2009,
rule does not mean that we have made a decision to change our
conclusions regarding what requirements are necessary and appropriate
for the Refinery MACT 1 standards. Instead, as we noted when we
proposed the withdrawal, we believe it is necessary to develop a more
robust analysis based on the improved information we are in the process
of gathering and developing.
    With respect to duplicating the ``time- and resource-consuming
process'' associated with the risk and technology review, we note that
the EPA is now initiating the risk and technology review for the
Refinery MACT 2 standards (40 CFR part 63, subpart UUU) and plans to
conduct the Refinery MACT 1 and 2 reviews at the same time. Thus, our
data collection efforts for purposes of the Refinery MACT 2 risk and
technology review will also provide a significant portion of the
information we will need for purposes of our new residual risk and
technology review of the Refinery MACT 1 standards. Moreover, we
believe that by more closely aligning our risk and technology review
for Refinery MACT 1 and 2 sources, we will be able to develop a
significantly improved analysis of the risks associated with petroleum
refineries, and, therefore, can better determine the most effective way
to address any residual risk posed by emissions from petroleum
refineries. We see significant benefits in combining these efforts,
both in terms of a more transparent risk evaluation of these co-located
sources for the neighboring public and in terms of more consolidated
standards for the regulated community. The EPA has already taken action
to gather better emissions information from the refining industry, and
to follow through on the commitments made in the response letter to
Mayor White of Houston (Docket Item No. EPA-HQ-OAR-2003-0146-0210). For
these reasons, we have concluded that the benefits of a consolidated
risk and technology review outweigh the incremental analytical effort
required to perform a new risk assessment for Refinery MACT 1 sources
after collecting this more robust data.
    One commenter suggested that the additional data may lead to the
conclusion that the existing standards provide an ample margin of
safety. We agree that is a possible outcome; however, any conclusions
regarding the residual risk review for the Refinery MACT 1 standards
will need to await our consideration of the more robust data we are now
gathering. Those data will provide greater certainty for the final
conclusions, and help to ensure the final standards are technically and
legally defensible.
    Finally, the EPA agrees that it has responded to the DQA request
from Mayor White of Houston through the April 7, 2009, letter
identified by the two commenters (Docket Item No. EPA-HQ-OAR-2003-0146-
0210). In that letter, we outlined several initiatives that were either
ongoing or planned for the near future in order to improve the quality
of data we have concerning emissions from petroleum refineries, and we
are continuing to move forward with all of those initiatives. We plan
to use this improved information as we move forward to address
emissions from petroleum refineries, including performing the residual
risk and technology review for Refinery MACT 1 and 2 sources.
    Comment: Two commenters noted that, if the EPA proceeds with the
proposed partial withdrawal of Refinery MACT 1 standards, the Agency
should make clear that the withdrawal completes the action related to
the September 4, 2007, proposal. In other words, the commenters stated
that the date for determining compliance with any new standards would
be the proposal date of those new standards rather than September 4,
2007.
    Response: We agree with the commenters. The appropriate dates for
determining compliance with future standards would be the dates those
standards are proposed and finalized.

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is withdrawing a final action that
was signed by the Administrator and made publicly available on the the
EPA website, but that never took effect through publication in the
Federal Register. This action:
     Is a ``significant regulatory action'' subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501, et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA;
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994);
and
     This notice does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because it
will not impose substantial direct costs on tribal governments or
preempt tribal law.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: July 8, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-17901 Filed 7-15-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28538-28539]
[FR Doc No: 2023-09492]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3589-006.
    Applicants: Long Island Solar Farm, LLC.
    Description: Compliance filing: LISF Tariff Update Filing to be
effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5332.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER15-1706-005.
    Applicants: Newark Energy Center, LLC.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 of the PJM OATT to be effective N/A.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5355.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER19-1507-000.
    Applicants: Duke Energy Florida, LLC, Duke Energy Progress, LLC,
Duke Energy Carolinas, LLC.
    Description: Order Nos. 845 and 845-A Informational Report on
Interconnection Study Delays Under OATT LGIP of Duke Energy Carolinas,
LLC.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5402.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-841-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: Deficiency Response--Revisions to
Clarify Financial Security Refund Eligibility to be effective 4/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5239.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1120-000.
    Applicants: Nevada Cogeneration Associates #1.
    Description: Amendment to February 15, 2023, Nevada Cogeneration
Associates #1 submits tariff filing to Application for Market Based
Rate Authority.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5103.
    Comment Date: 5 p.m. ET 5/8/23.

    Docket Numbers: ER23-1735-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: Compliance filing: Compliance Filing on Complaint
Order issued in Docket No. EL23-4 to be effective 4/28/2023.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5339.
    Comment Date: 5 p.m. ET 5/18/23.

    Docket Numbers: ER23-1736-000.
    Applicants: Big Plain Solar, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Baseline Filing to be effective 6/30/2023.
    Filed Date: 4/27/23.
    Accession Number: 20230427-5342.
    Comment Date: 5 p.m. ET 5/18/23.

    Docket Numbers: ER23-1737-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Emergency Interchange
Service Schedule A&B-2023 to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5001.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1738-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-04-28_SA 4033 NSP-WAPA
Interconnection Agreement to be effective 12/31/9998.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5041.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1739-000.
    Applicants: AM Wind Repower LLC.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5055.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1740-000.
    Applicants: Brookfield Energy Marketing Inc.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.

    Filed Date: 4/28/23.
    Accession Number: 20230428-5057.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1741-000.
    Applicants: ISO New England Inc., The Narragansett Electric
Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Filing of Second Revised LGIA-ISONE/
NEP-15-01 (Manchester Street) to be effective 1/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5058.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1742-000.
    Applicants: Brookfield Energy Marketing LP.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5060.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1743-000.
    Applicants: Brookfield Renewable Energy Marketing US LLC.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5061.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1744-000.
    Applicants: Brookfield Renewable Trading and Marketing LP.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5063.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1745-000.
    Applicants: Imperial Valley Solar 1, LLC.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5066.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1746-000.
    Applicants: Mesa Wind Power LLC.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5069.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1747-000.
    Applicants: Regulus Solar, LLC.
    Description: Compliance filing: Notice of Non-Material Change in
Status and Change in Category Seller Status to be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5073.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1748-000.
    Applicants: ISO New England Inc., The Narragansett Electric
Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: First Revised LGIA-ISONE/NEP-22-01
(Ocean State) to be effective 1/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5134.
    Comment Date: 5 p.m. ET 5/19/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09492 Filed 5-3-23; 8:45 am]
BILLING CODE 6717-01-P