[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Pages 14744-14745]
[FR Doc No: 2011-6200]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-120]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 Code of Federal Regulations (14
CFR). The purpose of this notice is to improve the public's awareness
of, and participation in, this aspect of FAA's regulatory activities.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before April 6, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0140 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Tyneka
Thomas<PHONE_NUMBER>, or David Staples<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 11, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0140.
    Petitioner: Federal Express.
    Section of 14 CFR Affected: 14 CFR 121.619.
    Description of Relief Sought:
    Federal Express is seeking relief to allow their aircraft, with an
approved EFVS (Enhanced Flight Vision System) and properly trained
crews, to be dispatched or released to a destination when the forecast
weather is below the published Category I approach minimums, but not
lower than one-quarter mile. EVFS is a recently developed infrared
sensor that provides real-time video images for display on the HUD to
the pilot.

[FR Doc. 2011-6200 Filed 3-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Proposed Rules]
[Pages 14716-14717]
[FR Doc No: 2012-5550]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2010-0960; FRL-9644-1]

Notice of Availability: Draft Documents Related to the
Development of Emissions Estimating Methodologies for Broiler Animal
Feeding Operations and Lagoons and Basins for Swine and Dairy Animal
Feeding Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The EPA is requesting public comment on draft documents
titled, ``Development of Emissions Estimating Methodologies for Broiler
Animal Feeding Operations'' and ``Development of Emissions Estimating
Methodologies for Lagoons and Basins at Swine and Dairy Animal Feeding
Operations.'' These documents contain EPA's draft emissions estimating
methodologies for determining daily and annual emissions from a broiler
chicken animal feeding operation and from a lagoon or basin located at
a swine or dairy animal feeding operation.

DATES: Comments must be received on or before June 11, 2012.

ADDRESSES: Submit your information, identified by Docket ID Number EPA-
HQ-OAR-2010-0960, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov: Follow the
online instructions for submitting data.
    Email: Send your information via electronic mail to<EMAIL_ADDRESS>Attention Docket ID Number EPA-HQ-OAR-2010-0960.
    Facsimile: Fax your comments to<PHONE_NUMBER>, Attention Docket ID
Number EPA-HQ-OAR-2010-0960.
    Mail: Send your information to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mail Code 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID Number EPA-HQ-OAR-
2010-0960. Please include two copies. We request that a separate copy
also be sent to the contact person identified below (see FOR FURTHER
INFORMATION CONTACT).
    Hand Delivery: Deliver your information to: EPA Docket Center (EPA/
DC), EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460, Attention Docket ID Number EPA-HQ-OAR-2010-0960.
Such deliveries are only accepted during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays) and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your data and information to Docket ID Number
EPA-HQ-OAR-2010-0960. The EPA's policy is that all information received
will be included in the public docket and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the submission includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your information. If you send an email directly to the EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the information that is
placed in the public docket and made available on the Internet. If you
submit the electronic data and information, the EPA recommends that you
include your name and other contact information in the body of your
information and with any disk or CD-ROM you submit. If the EPA cannot
read your information due to technical difficulties and cannot contact
you for clarification, the EPA may not be able to consider your
information. Electronic files should avoid the use of special
characters or any form of encryption and should be free of any defects
or viruses.
    Docket: The EPA has established a docket for this action under
Docket ID Number EPA-HQ-OAR-2010-0960. 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., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy form. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at
the EPA's Docket Center (EPA/DC), 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 (202)
566-1744, and the telephone number for the EPA's Docket Center is (202)
566-1742.
    Submitting CBI: Do not submit information you consider to be CBI
electronically through http://www.regulations.gov or email. Send or
deliver information identified as CBI to only the following address:
Mr. Larry Elmore, c/o Office of Air Quality Planning and Standards
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle
Park, NC 27711, Attention Docket ID Number EPA-HQ-OAR-2010-0960.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the
information claimed as CBI, a copy of the information that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information marked as CBI will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Elmore, Natural Resources
Group, Sector Policies and Programs Division, (E143-03), Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone number:
(919) 541-5433; Facsimile number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In January 2005, the EPA announced the
voluntary Air Compliance Agreement (Agreement) with the animal feeding
operations (AFO) industry. Under the Agreement, participating AFOs were
responsible for funding the National Air Emissions Monitoring Study
(NAEMS)--a 2-year study of animal confinement structures and manure
storage and treatment units in the broiler chicken, egg-layer, swine
and dairy industries. The study's purpose was to gather emissions data
that the EPA could use to develop emissions estimating methodologies
(EEMs). To provide a framework for the NAEMS, AFO industry experts,
university and government scientists, and other stakeholders
collaborated to develop a comprehensive monitoring plan. The study was
designed to generate scientifically credible data to characterize
emissions from the participating animal sectors. The

NAEMS began in the summer of 2007 and consisted of 24 monitoring sites
located in nine states. In addition, Tyson Foods, Inc. collected data
from two broiler sites, which are also included in the NAEMS dataset.
Academic researchers from various universities conducted the NAEMS
study with EPA oversight. At the animal confinement sites, the study
was designed to collect process and emissions data for ammonia
(NH3), hydrogen sulfide (H2S), total suspended
particulate matter (TSP), particulate matter with aerodynamic diameters
less than 10 micrometers (PM10), PM with aerodynamic
diameters less than 2.5 micrometers (PM2.5), and volatile
organic compounds (VOCs). For lagoons and basins, the study was
designed to collect NH3, H2S and VOCs.
    In accordance with the Agreement's monitoring protocol, the EPA
developed draft EEMs for animal housing structures and manure storage
and treatment units using the emissions and process data collected
under the NAEMS and other relevant information. Once the draft EEMs are
final, the EPA expects that the AFO industry will use the EEMs to
estimate daily and annual emissions for use in determining AFOs'
regulatory responsibilities under the Clean Air Act, the Comprehensive
Environmental Response, Compensation and Liability Act, and the
Emergency Planning and Community Right-to-Know Act.
    The draft documents describe the sites monitored, the statistical
methodology used to analyze the data, and the EEMs.
    The agency is requesting comment on the draft documents with
particular emphasis on the statistical methodology used to develop the
emissions estimating methodologies. Please submit comments within 90
days of the date of this notice. Electronic copies of the documents are
available at www.epa.gov/airquality/agmonitoring.
    On February 17, 2012, EPA's Office of Air Quality Planning and
Standards sent a memorandum to the EPA Science Advisory Board Staff
Office titled, ``Animal Feeding Operations Air Emissions Estimating
Methodologies from the National Air Emissions Monitoring Study'' asking
the Science Advisory Board to review and provide comments on these
documents.
    In response to EPA's memorandum, the EPA's Science Advisory Board
has formed an expert panel to review and provide comments on these
documents. The Science Advisory Board review process is an independent
process. Information on submitting comments to the Science Advisory
Board can be found at www.epa.gov/sab. Additional information about the
Science Advisory Board process can be found at: http://yosemite.epa.gov/sab/sabproduct.nsf/0/ae6639dd6b79360e852579a4004e5529!OpenDocument. The Science Advisory
Board anticipates multiple meetings of the expert panel to cover the
documents in this notice.
    The EPA will consider public comments received in response to this
notice, public comments submitted to the Science Advisory Board, and
the Science Advisory Board panel recommendations as the final emissions
estimating methodologies are developed.

    Dated: February 29, 2012.
Janet McCabe,
Acting Assistant Administrator.
[FR Doc. 2012-5550 Filed 3-12-12; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on November 2, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-1995-379

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: TRANSPORTES AEROMAR, S.A. de C.V.  (Aeromar)		Date Filed:
September 29, 2005

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the applicant to engage in scheduled, combination services between: 1)
the coterminal points San Luis Potosi/Manzanillo/Guadalajara, Mexico,
and San Antonio, Texas; and 2) Mexico City, Mexico and the U.S.
coterminal points Laredo/San Antonio, Texas.  The applicant also
requests renewal of its exemption authority to engage in charter
operations, carrying persons, property, and mail, between Mexico and the
United States, and other charters in accordance with 14 CFR Part 212.
The applicant states that all of these operations would be carried out
using small equipment.

Aeromar also requests new exemption authority from 49 USC § 41301 to
permit it to engage in scheduled, combination services, using small
equipment, between: 1) Monterrey, Mexico and Corpus Christi, Texas; 2)
Reynosa, Mexico and Corpus Christi, Texas; and 3) Reynosa, Mexico, and
San Antonio, Texas.

If renewal, date and citation of last action:  June 22, 2005, in this
Docket (as to the renewal part of this application).

Applicant representative:  Herbert A. Rosenthal,<PHONE_NUMBER>	    DOT
analyst:  Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                     Action date:  November 2, 2005

Effective dates of authority granted:  November 2, 2005, through
November 2, 2006.

Basis for approval (bilateral agreement/reciprocity): United
States-Mexico Air Transport Services Agreement (“the Agreement”).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached).

Special conditions/Remarks:  In the conduct of these operations, the
carrier must adhere to all applicable provisions of the Agreement.  In
the conduct of these operations, the carrier may only use aircraft
capable of carrying no more than 60 passengers and having a maximum
payload capacity of no more than 18,000 pounds (small equipment).  The
above grant includes authority to operate Third and Fourth Freedom
charters.  While we have subjected, consistent with the provisions of
the Agreement, Mexican carriers conducting charter operations with large
aircraft to prior approval or submission of notice for their Third and
Fourth Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in the case of this carrier, since
the carrier will be conducting these operations solely with small
aircraft.  (Other charter operations to/from the United States under
this authority, however, are subject to prior approval under 14 CFR Part
212.)  Further, we are continuing to allow Mexican carriers conducting
passenger charters using small equipment to make stopovers in the United
States in the conduct of such operations.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 05/2004


[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Rules and Regulations]
[Page 51792-51795]
[DOCID:fr08oc09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0593; FRL-8967-1]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Regulation To Reduce Idling of Heavy-Duty Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revision contains a
regulation to reduce engine idling time for operation of most heavy-
duty vehicles in the state, with certain exceptions. EPA is approving
this revision to the Delaware SIP governing idling of heavy duty
vehicles in the State of Delaware. EPA's approval of this SIP revision
is being done in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This rule is effective on December 7, 2009 without further
notice, unless EPA receives adverse written comment by November 9,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0593 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0593, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2009-0593. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly

available only in hard copy form. Publicly available docket materials
are available either electronically in http://www.regulations.gov or in
hard copy during normal business hours at the Air Protection Division,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Delaware Department of Natural Resources &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Brian Rehn,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this rulemaking action, whenever
``we,'' ``us,'' or ``our'' is used, we are referring to EPA. The
following outline is provided to aid in locating information in this
preamble.

I. Summary of the SIP Revision
II. What Action Is EPA Taking?
III. Why Is EPA Approving Delaware's SIP Revision?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Summary of the SIP Revision

    EPA is approving a formal revision to the Delaware State
Implementation Plan submitted by the state on August 12, 2005. This SIP
revision consists of a regulation (formerly titled Regulation No. 45)
that restricts extended idling of most on-road heavy-duty vehicles
(those having a gross vehicle weight rating (GVWR) of greater than
8,500 pounds) while operating in the State of Delaware. The regulation
sets a time limit of three consecutive minutes of idling time (i.e.,
when a vehicle's engine is on, but it is not in motion). Section 5 of
Delaware's Regulation No. 45 specifies exemptions to the idling limit
for certain vehicle types and situations. These exemptions include:
temperature-based exceptions for cold or hot days; vehicles idling for
use of a sleeper berth, where the vehicle is not within 25 miles of a
parking facility with available truckstop electrification equipment;
vehicles which are stuck in traffic; vehicles being brought to
manufacturer's recommended operating temperature; vehicles using
auxiliary equipment powered by the engine (e.g., take-off power);
emergency vehicles; tactical military vehicles in training operations;
school and transit buses with passengers onboard (or within five
minutes of passenger boarding); and situations where a vehicle is being
repaired or is being tested to ensure safe operation.
    Per section 1 of Delaware's rule, this rule applies to ``all on-
road heavy-duty motor vehicles with a GVWR of greater than 8,500 pounds
operating in the State of Delaware.'' Section 6 of Regulation No. 45
indicates that this regulation is enforceable under Title 7 Chapter 60
Sec. Sec.  6005 and 6013 of the Delaware Code, with violators subject
to a penalty of not less than $60 and no more than $500 for each
offense.
    On June 15, 2009, Delaware submitted a SIP revision which
recodifies and makes general administrative changes to the regulatory
language of its approved or submitted SIP rules. This recodification
SIP revision does not change the substance of the August 2005 SIP
revision, but does affect the numbering and format of the state
regulation contained in the August 2005 SIP revision. EPA will take
separate action on this renumbered version, Regulation No. 1145, in a
separate rulemaking action along with a larger Delaware recodification
SIP action.

II. What Rulemaking Action Is EPA Taking?

    EPA is approving, via direct final rulemaking action, Delaware's
Regulation No. 45, entitled ``Excessive Idling of Heavy Duty
Vehicles,'' and is incorporating this rule into the Delaware SIP.

III. Why Is EPA Approving Delaware's SIP Revision?

    Delaware Regulation No. 45 results in reduced emissions of
pollutants that contribute to nonattainment of National Ambient Air
Quality Standards for ozone and fine particulate matter. Specifically
Regulation 45 leads to elimination of such pollutants resulting from
unnecessary extended idling of heavy-duty vehicles. The pollutants
reduced by this regulation are volatile organic compounds and nitrogen
oxides, both of which are ground level ozone pollution precursors.
Delaware's rule will also reduce emissions of carbon monoxide, fine
particulate matter, and the greenhouse gas carbon dioxide.
    The approval of Delaware's Regulation No. 45 will strengthen the
Delaware SIP and assist the state in meeting and maintaining compliance
with air quality standards, including the national ambient air quality
standards for ground level ozone and fine particulate matter.
    Delaware's Regulation No. 45 is generally consistent with EPA's
``Model State Idling Law'' (EPA420-S-06-001, April 2006). This model
rule was developed with input from the states and affected industry to
address extended idling issues in a consistent manner from state to
state and to aid those being regulated in compliance with compliance
with idling limits. Although Delaware's excessive idling regulation was
adopted in 2005, prior to EPA's issuance of its model state idling
rule, Delaware captured the major elements of the EPA model rule in its
regulation.

IV. Final Action

    EPA is approving Delaware's Air Quality Management Regulation No.
45, entitled ``Excessive Idling of Heavy Duty Vehicles,'' and
incorporating this rule into the Delaware SIP. The rule is intended to
reduce unnecessary idling from heavy duty motor vehicle engines within
the boundaries of the state of Delaware.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. Similar provisions for reduced idling have been
adopted in other states, and Delaware's regulation has been in place
since 2005. Further, Delaware's Regulation No. 45 follows the spirit of
EPA's model state idling rule, so we anticipate the regulated parties
will understand Delaware's requirements as they relate to other nearby
states and localities with similar excessive idling limits. However, in
the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on December 7, 2009 without further notice unless EPA
receives adverse comment by November 9, 2009. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k);

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not 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 Clean Air Act; and
     does not provide 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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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. EPA will submit a report containing this action 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 of the rule 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 7, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action to approve Delaware's SIP revision
to reduce unnecessary idling of heavy-duty vehicles may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: September 25, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by adding an
entry for Regulation No. 45 at the end of the table to read as follows:

Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
                                   ....................
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Regulation 45 Excessive Idling of Heavy Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Section 1........................  Applicability.......      4/11/05  10/08/09 [Insert
                                                                       page number where
                                                                       the document
                                                                       begins].
Section 2........................  Definitions.........      4/11/05  10/08/09 [Insert
                                                                       page number where
                                                                       the document
                                                                       begins].
Section 3........................  Severability........      4/11/05  10/08/09 [Insert
                                                                       page number where
                                                                       the document
                                                                       begins].
Section 4........................  Operational               4/11/05  10/08/09 [Insert
                                    Requirements for                   page number where
                                    Heavy Duty Motor                   the document
                                    Vehicles.                          begins].
Section 5........................  Exemptions..........      4/11/05  10/08/09 [Insert
                                                                       page number where
                                                                       the document
                                                                       begins].

Section 6........................  Enforcement and           4/11/05  10/08/09 [Insert
                                    Penalty.                           page number where
                                                                       the document
                                                                       begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-24187 Filed 10-7-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Page 38277]
[FR Doc No: 2019-16833]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4452-DR; Docket ID FEMA-2019-0001]

Oregon; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oregon (FEMA-4452-DR), dated July 9, 2019,
and related determinations.

DATES: The declaration was issued July 9, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 9, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oregon resulting from severe storms, flooding, landslides, and
mudslides during the period of April 6 to April 21, 2019, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Oregon.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation under section 408 will be limited to 75 percent of
the total eligible costs. Federal funds provided under the Stafford
Act for Public Assistance also will be limited to 75 percent of the
total eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Rosalyn L. Cole, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oregon have been designated as
adversely affected by this major disaster:

    Curry, Douglas, Grant, Linn, Umatilla, and Wheeler Counties for
Public Assistance.
    All areas within the State of Oregon are eligible for assistance
under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16833 Filed 8-5-19; 8:45 am]
 BILLING CODE 9111-23-P


ARCADIS G&M, Inc.

4915 Prospectus Drive

Suite F

Durham

North Carolina 27713

Tel<PHONE_NUMBER>

Fax<PHONE_NUMBER>

MEMO

To:

Victor D’Amato	Copies:

Copies

From:

	Kim Egler

	Date:	ARCADIS Project No.:

25 November 2003	RN992015.0013.00001

Subject:

	Validation of Wipe Samples from CCA Treated Wood Collected June 17 and
July 1, 2, and 8, 2003

One-hundred and eight (108) samples were collected on June 17 and July
1, 2 and 8, 2003 from the CAA Treated Wood Minidecks located at the
USEPA in Research Triangle Park, North Carolina.  These samples were
triple-extracted with 10 percent nitric acid by ARCADIS personnel and
submitted by overnight courier at ambient temperature on July 28, 2003
to STL Savannah, Savannah, Georgia.  Samples were analyzed on August 6,
12, and 13, 2003.  This validation covers the samples submitted for
arsenic (As), chromium (Cr), and copper (Cu) analysis by USEPA Method
200.8 (ICP-MS, modified).  This methodology was modified to utilize
hydrogen plasma, rather than argon, as classically performed.  This
modification eliminates concerns over the formation of Ar40Cl35, which
can create a positive bias when measuring As.

Sample Delivery Group (SDG) WIPE01, Project Number S385875A

SS-147 through SS-163

SS-167 through SS-176

SS-194 through SS-256

SS-263 through SS-278

SS-290 through SS-291

Validation of this data was performed following the quality
assurance/quality control (QA/QC) criteria set forth in the “USEPA
Contract Laboratory Program (CLP) National Functional Guidelines (NFG)
for Inorganic Data Review,” July 2002.  The NFG have slightly
different criteria for some parameters than does Method 200.8.  In these
cases, the more stringent criteria were used.

Metals Inorganic Review

I.	Preservation and Holding Times

The samples arrived at the laboratory promptly and were analyzed within
the analytical holding time.  The samples had been shipped at ambient
temperature after being triple-extracted in 10 percent nitric acid.
Although the NFG recommends maintaining aqueous samples at 4ºC±2ºC,
no action is specified for this condition, and no action was taken.  The
Case Narrative included sample identifications and indicated that all
samples were analyzed at various dilutions for As, Cr, and Cu, due to
the abundance of these metals.

II.	ICP-MS Tune Analysis

As required, 100 ug/L (ppb) tune checks were run on the required
isotopes before each calibration.  Each tune was run five times in a
row, exceeding the four times in a row criteria required by the method.
The percent Relative Standard Deviation (%RSD) was less than 5% for all
isotopes, and the mass calibrations and peak widths met control
criteria.

III.	Calibration

The instrument was successfully calibrated each of the three days that
samples were analyzed.  The four-point calibration range was from 0.5 to
100 ug/L.  It should be noted that the calibration for the samples
analyzed on August 6, 2003 was performed late in the evening on August
5, 2003.

Initial Calibration Verification (ICV) samples were run immediately
following each calibration, and all three metal recoveries fell within
the 90-110% control limits.  Continuing Calibration Verification (CCV)
samples were run at a frequency of 10 percent, and at the beginning of
the run and after the last sample, as required.  All recoveries were
within established control limits.

The Contract Required Quantitation Limit (CRQL) sample, referred to as
the CRDL in the lab report, was run as the first sample in the run,
immediately preceding the Interference Check Samples (ICS), as
stipulated in the NFG.  Although the NFG states that the CRQL should be
run at the beginning and end of each sample analysis run and every 20
analytical samples, the method has no such requirement.  The CRDL run on
August 6 and August 13, 2003 has recoveries above the control limit for
Cr and Cu, and Cu, respectively.  However, the NFG states that only
results above the Method Detection Limit (MDL) but less than two times
the CRQL are qualified.  All of the associated sample results for these
two metals were more than twice the CRQL, and no action was taken.  The
CRDL run on August 12, 2003 had a recovery above 180% for Cu.  The NFG
recommend all results above the MDL be qualified as unusable “R.”
However, the CRDL was run at 0.1 ug/l, whereas all of the associated
sample results are far higher, exceeding 1,000 ug/L.  Given the
difference in magnitudes, and the fact that all of the ICVs and CCVs had
acceptable recoveries, no action was taken.

IV.	Blanks

An Initial Calibration Blank (ICB) was run following each ICV, and was
nondetect for any of the target metals.  Continuing Calibration Blanks
(CCB) were run immediately following each CCV at a frequency of 10
percent, as well as at the beginning of the run and after the last CCV.
All of the CCBs were nondetect for the three metals.  Because the
samples were extracted prior to shipping to the laboratory, there were
no Preparation (Method) Blanks associated with these samples, and the
CCBs were used as the Method Blanks.  No blind field blanks or field
blanks (extraction fluid only) were included in this SDG.

V.	Inductively Coupled Plasma-Interference Check Sample (ICS)

Interference Check Samples (ICS) were run at the beginning of each of
the three runs, after the ICV, and were followed by a CCV and CCB, as
required.  The recoveries fell within the control limits and gave no
indication of isobaric interferences.

VI.	Laboratory Control Sample (LCS)

Because the laboratory did not extract the samples, the CCVs were used
as the LCS samples.

VII.	Duplicate Sample Analysis

Duplicate samples – like LCS samples – are to be carried through the
entire preparation and analysis process. Because the laboratory did not
extract the samples, no duplicate analyses were performed.

VIII.	Spike Sample Analysis

Because the laboratory did not extract the samples, Matrix Spike (MS)/MS
Duplicate (MSD) samples could not be analyzed.  Therefore, Post
Digestion Spike (PDS) samples were run at a frequency of 10 percent.
All recoveries were within control limits.  No spiked samples were
submitted with this SDG.

IX.	ICP Serial Dilution

Five serial dilutions were performed on samples from this SDG.  Four of
the samples had recoveries within the 10 percent acceptance criteria.
The remaining sample, SS-149L, had recoveries above 10 percent for all
three metals, and had sample results for each metal that were more than
50 times the MDL.  Because the other serial dilution samples showed no
indication of significant physical or chemical interferences due to
sample matrix, only the results for sample SS-149 were qualified as
estimated “J.”

X.	ICP-MS Internal Standards

All of the Internal Standard recoveries were within control limits.

XI.	Field Duplicates

There were no Field Duplicates included in this SDG.

XIII.	Overall Assessment

The reported data meets the acceptance criteria established in the NFG
and associated methods and plans.  Data quality is sufficient for its
intended use.

Page:

  PAGE  \* LOWER  1 /  NUMPAGES  \* LOWER  4

  FILENAME \p  H:\Arsenic in Decks\S385875A letter write-up.doc


[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70522-70524]
[FR Doc No: 2019-27666]

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

[FRL-10003-58-Region 2]

Territory of the U.S. Virgin Islands; Final Determination of
Adequacy of U.S. Virgin Islands' Municipal Solid Waste Landfill
Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination of adequacy of the Territory of
the U.S. Virgin Islands' municipal solid waste landfill permit program.

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

SUMMARY: The Territory of the U.S. Virgin Islands (USVI) applied for a
Determination of Adequacy of its Municipal Solid Waste Landfill (MSWLF)
Permit Program under Section 4005 of the Resource Conservation and
Recovery Act (RCRA). The components of authority and capability were
contained in the USVI's application and its revisions. EPA reviewed the
USVI's application, and revisions thereto, including its revised solid
waste regulations. After consideration of all public comments received
regarding the Tentative Determination of Adequacy, EPA is today issuing
a Final Determination that the U.S. Virgin Islands' MSWLF permit
program is adequate to ensure compliance with the revised MSWLF permit
program criteria.

DATES: The Final Determination of Adequacy of the USVI MSWLF Permit
Program shall be effective immediately upon publication of this Federal
Register Notice, December 23, 2019.

FOR FURTHER INFORMATION CONTACT: Kimiko Link, Sustainable Materials
Management Section, Land, Chemicals and Redevelopment Division,
<EMAIL_ADDRESS>212-637-4182.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4005(c)(l)(B) of the Resource, Conservation and Recovery
Act (RCRA) Subtitle D, as amended by the Hazardous and Solid Waste
Amendments (HSWA) of 1984, requires states to develop and implement
permit programs or other systems of prior approval to ensure that
MSWLFs, which may receive hazardous household waste or small quantity
generator waste, will comply with the revised federal MSWLF regulations
codified in 40 CFR part 258.
    RCRA section 4005(c)(l)(C) requires the EPA to determine whether
states have adequate permit programs for MSWLFs. Pursuant to RCRA, the
term ``State'' includes the Territory of the U.S. Virgin Islands. Title
40 CFR part 239 specifies the minimum requirements that state landfill
permit programs must satisfy to be determined to be adequate by EPA,
including: the state must have legally adopted enforceable standards
for new and existing MSWLFs that are technically comparable to EPA' s
revised MSWLF landfill criteria; the state must have an adequate
compliance monitoring program and the legal authority to issue permits
or other forms of prior approval to all new and existing MSWLFs in its
jurisdiction; the state must provide for public participation in permit
issuance and enforcement as required in Section 7004(b) of RCRA, 42
U.S.C. 6974(b); and the state must also demonstrate that it has
sufficient compliance monitoring and enforcement authorities to take
specific action against any owner or operator who fails to comply with
applicable regulations or its landfill permit.
    The EPA regions are authorized to determine whether a state has
submitted an adequate program based on the statute and the regulations
summarized above. EPA expects each state to meet all of these
requirements for its MSWLF program before it gives full approval of the
adequacy of a MSWLF program. As a general matter, the Agency believes
that approvals of state programs have an important benefit. Approved
state permit programs establish procedures for interaction between a
state and an owner/operator regarding site-specific permit conditions.
Also, EPA approval of state MSWLF programs provides directors of
approved states with various flexibilities including: The authority to
approve expansion of an existing landfill or siting a new landfill in a
seismic zone; application of alternative daily cover; and alternate
financial assurance mechanisms. EPA notes that regardless of the
approval status of a state and the permit status of any facility, the
federal landfill criteria apply to all permitted and unpermitted MSWLF
facilities. EPA also notes that Section 4005(a) of RCRA, 42 U.S.C.
6945(a), provides that citizens may use the citizen suit provisions of
Section 7002 of RCRA to enforce the federal MSWLF criteria in 40 CFR
part 258

independent of any state enforcement program.

B. U.S. Virgin Islands

    The Territory of the U.S. Virgin Islands originally applied for a
Determination of Adequacy of its MSWLF Permit Program in October 1993.
EPA reviewed the application and published in the Federal Register a
Tentative Determination of Adequacy on June 16, 1995. However, the
public hearings and public comments contained many adverse statements
concerning deficiencies in the USVI solid waste program. In addition,
the USVI did not promulgate revised solid waste regulations that met
EPA requirements. Accordingly, EPA did not publish a Final
Determination of Adequacy. Based on continuing deficiencies in the USVI
solid waste management program, on May 8, 2000 (65 FR 26546), EPA
published in the Federal Register a Tentative Determination of
Inadequacy and held two public hearings on St. Thomas and St. Croix.
After review of public comments, EPA decided not to proceed with a
Final Determination of Inadequacy and to allow the USVI additional time
to develop its solid waste management program, which EPA believes has
now occurred. The EPA has continued to work with the USVI both on its
day-to-day landfill operations practices and the development of
appropriate solid waste regulations. In addition, in 2004, the USVI
established the Waste Management Authority (WMA) and in recent years
has pursued various efforts to improve its solid waste management
program. The USVI WMA is the USVI agency charged with implementing
solid waste management, and it oversees the operation of the Bovoni
landfill on St. Thomas, the Anguilla landfill on St. Croix, and the
Susanaberg Transfer Station on St. John. The WMA has a Solid Waste
Director as well as landfill managers for the Bovoni and Anguilla
landfills and the Susanaberg Transfer Station. Also, scheduling the
work for the final closure of both the Anguilla and Bovoni landfills is
now under the supervision of a federal judge and the Department of
Justice, pursuant to federal Consent Decrees which became effective in
2013 and 2014.
    The USVI submitted revised program application material to EPA in
2008, and in 2017 and 2018 submitted additional information that EPA
had requested. EPA has reviewed all relevant materials concerning the
USVI's MSWLF program including revised solid waste regulations.
    Based on this documentation, EPA determined that: the USVI solid
waste regulations are in conformance with the minimum requirements of
40 CFR part 258 criteria; the Department of Planning and Natural
Resources had sufficient authority and responsibility for implementing
and enforcing solid waste management regulations, including
establishing a permit program, maintaining inspection authority and
pursuing enforcement activities; and that the USVI committed to
ensuring that adequate technical support and legal personnel would be
assigned to implement its permit program. Hence, on June 7, 2019, EPA
published in the Federal Register a Tentative Determination of Adequacy
of the USVI MSWLF Permit Program that concluded all portions of the
USVI MSWLF permit program were adequate to ensure compliance with the
revised federal criteria.

C. Public Comment

    The public comment period for the Tentative Determination of
Adequacy commenced with the publication of the action on June 7, 2019.
Although RCRA does not require EPA to hold a hearing on any
determination to approve a State/Tribe's MSWLF program, the Region held
three public hearings in the Territory on July 23rd in St. Croix, July
24th in St. Thomas, and July 25th in St. John. The public comment
period ended on August 2, 2019. EPA considered all public comments
received during the public comment period and the public hearings in
determining whether to publish in the Federal Register, a Final
Determination of Adequacy of the USVI's RCRA Subtitle D MSWLF Permit
Program. Included below is a summary of responses to all major comments
received at the public hearings and during the written comment period.
    Fifteen comments were received during the three public hearings on
consecutive days in St. Croix, St. Thomas and St. John on July 23rd,
24th and 25th, respectively, and the written comment period which
closed on August 2, 2019. Most were supportive of the action. Several
commenters requested clarification on the authorities, responsibilities
and roles associated with solid waste management in the USVI.
Clarification was also sought on the implications of approval or
disapproval and how the approval would increase the USVI's solid waste
management options while ensuring human health and environmental
protection. EPA provided responses including the overview of the
statutory role of the USVI and the federal government with respect to
solid waste management and the required compliance with Part 258
landfill regulations established to protect human health and the
environment. Several comments received were related to the need for the
USVI's solid waste regulations and future solid waste management plan
to include recycling and organics management, the results of the waste
characterization study, and the siting of landfills. EPA' s response
clarified that the USVI Government is responsible for its solid waste
management planning, including any organics diversion programs as well
as the siting of any new landfills. EPA also indicated that the waste
characterization report funded on behalf of the USVI would be provided
to the USVI Government and be made available to the public when
finalized.

D. Decision

    The USVI Attorney General has certified that the current laws and
regulations, which are part of the Virgin Islands' solid waste
management program, are in full force and effect, including an
appropriate technical correction to the solid waste regulations which
has been officially promulgated.
    After reviewing the public comments, I conclude that the USVI's
application for adequacy determination meets all the statutory and
regulatory requirements established by RCRA. Accordingly, the U.S.
Territory of Virgin Islands is granted a determination of adequacy for
all portions of its municipal solid waste landfill permit program.
    Section 4005(a) of RCRA provides that citizens may use the citizen
suit provisions of section 7002 of RCRA to enforce the federal MSWLF
criteria in 40 CFR part 258 independent of any state/tribal enforcement
program. As EPA explained in the preamble to the final MSWLF criteria,
EPA expects that any owner or operator complying with provisions in a
state/tribal permit program approved by EPA at a MSWLF will adequately
reflect the federal criteria. See 56 FR 50978, 50995 (October 9, 1991).
    Today's action takes effect immediately with the publication of
this Final Determination of Adequacy of the USVI MSWLF Permit Program.
    EPA believes it has good cause under section 553(d) of the
Administrative Procedure Act, 5 U.S.C 553(d), to put this action into
effect less than 30 days after publication in the Federal Register.
    All the requirements and obligations in the Territory's program are
already in effect as a matter of USVI law. EPA's action today does not
impose any new

requirements that the regulated community must begin to comply with.
Nor do these requirements become enforceable by EPA as federal law.
Consequently, EPA finds that it does not need to give notice prior to
making its approval effective. Authority: This notice is issued under
the authority of sections 2002, 4005 and 4010(c) of the Solid Waste
Disposal Act as amended; 42 U.S.C. 6912, 6945, 6949a(c).

    Dated: November 27, 2019.
Peter D. Lopez,
Regional Administrator, U.S. Environmental Protection Agency, Region 2.
[FR Doc. 2019-27666 Filed 12-20-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Rules and Regulations]
[Pages 72744-72746]
[FR Doc No: 2012-29413]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R09-OAR-2004-0091; FRL-9750-6]

Outer Continental Shelf Air Regulations Consistency Update for
California

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (``EPA'') is finalizing
the update of the Outer Continental Shelf (``OCS'') Air Regulations
proposed in the Federal Register on August 30, 2012. Requirements
applying to OCS sources located within 25 miles of States' seaward
boundaries must be updated periodically to remain consistent with the
requirements of the corresponding onshore area (``COA''), as mandated
by the Clean Air Act, as amended in 1990 (``the Act''). The portion of
the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which the Santa Barbara County Air
Pollution Control District (``Santa Barbara County APCD'' or
``District'') is the designated COA. The intended effect of approving
the OCS requirements for the Santa Barbara County APCD is to regulate
emissions from OCS sources in accordance with the requirements onshore.

DATES: This rule is effective on January 7, 2013. The incorporation by
reference of certain publications listed in this rule is approved by
the Director of the Federal Register as of January 7, 2013.

ADDRESSES: EPA has established docket number OAR-2004-0091 for this
action. The index to the docket is available electronically at
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Air Division (Air-
4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' or ``our'' refer to U.S. EPA.
    Organization of this document: The following outline is provided to
aid in locating information in this preamble.

I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Background

    On August 30, 2012 (77 FR 52630), EPA proposed to incorporate
various Santa Barbara County APCD air pollution control requirements
into the OCS Air Regulations at 40 CFR part 55. We are incorporating
these requirements in response to the submittal of these rules by the
District. EPA has evaluated the proposed requirements to ensure that
they are rationally related to the attainment or maintenance of federal
or state ambient air quality standards or Part C of title I of the Act,
that they are not designed expressly to prevent exploration and
development of the OCS and that they are applicable to OCS sources. 40
CFR 55.1. EPA has also evaluated the rules to ensure that they are not
arbitrary or capricious. 40 CFR 55.12(e).
    Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the Act.
Consistency updates may result in the inclusion of state or local rules
or regulations into part 55, even though the same rules may ultimately
be disapproved for inclusion as part of the SIP. Inclusion in the OCS
rule does not imply that a rule meets the requirements of the Act for
SIP approval, nor does it imply that the rule will be approved by EPA
for inclusion in the SIP.

II. Public Comment

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on the proposed action.

III. EPA Action

    In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed

action except for minor technical corrections to the list of rules in
the part 55 regulatory text to accurately reflect the action we
proposed. EPA is approving the proposed action under section 328(a)(1)
of the Act, 42 U.S.C. 7627. Section 328(a) of the Act requires that EPA
establish requirements to control air pollution from OCS sources
located within 25 miles of states' seaward boundaries that are the same
as onshore requirements. To comply with this statutory mandate, EPA
must incorporate applicable onshore rules into Part 55 as they exist
onshore.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide 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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA
previously indicated (70 FR 65897-65898, November 1, 2005), the annual
public reporting and recordkeeping burden for collection of information
under 40 CFR part 55 is estimated to average 549 hours per response,
using the definition of burden provided in 44 U.S.C. 3502(2).
    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. EPA will submit a report containing this action 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 of the rule 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 4, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: October 17, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Title 40 of the Code of Federal Regulations, part 55, is amended as
follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Pub. L. 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(F) to read
as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of states seaward boundaries, by state.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (F) Santa Barbara County Air Pollution Control District
Requirements Applicable to OCS Sources, October 2012.
* * * * *

0
3. Appendix A to CFR Part 55 is amended by revising paragraph (b)(6)
under the heading ``California'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State.

* * * * *

    California
* * * * *
    (b) * * *
    (6) The following requirements are contained in Santa Barbara
County Air Pollution Control District Requirements Applicable to OCS
Sources:

Rule 102 Definitions (Adopted 06/21/12)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice To Comply for Minor Violations (Repealed 01/01/2001)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 06/19/08)
Rule 202 Exemptions to Rule 201 (Adopted 06/21/12)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits (Adopted 04/17/97)
Rule 206 Conditional Approval of Authority To Construct or Permit To
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration-Southern Zone (Adopted 10/
23/78)
Rule 306 Dust and Fumes-Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate-Southern Zone
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline (Adopted 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted
10/23/78)
Rule 321 Solvent Cleaning Operations (Adopted 06/21/12)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Adopted 11/15/01)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic Compound Liquids (Adopted 01/
18/01)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and Products (Adopted 06/21/
12)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater
Separators and Process Turnarounds (Adopted 06/11/79)
Rule 333 Control of Emissions From Reciprocating Internal Combustion
Engines (Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen (NOX) From
Boilers, Steam Generators and Process Heaters) (Adopted 04/17/97)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
Rule 349 Polyester Resin Operations (Adopted 06/21/12)
Rule 352 Natural Gas-Fired Fan-Type Central Furnaces and Residential
Water Heaters (Adopted 10/20/11)
Rule 353 Adhesives and Sealants (Adopted 06/21/12)
Rule 359 Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen From Large Water Heaters
and Small Boilers (Adopted 10/17/02)
Rule 361 Small Boilers, Steam Generators, and Process Heaters
(Adopted 01/17/08)
Rule 370 Potential To Emit--Limitations for Part 70 Sources (Adopted
06/15/95)
Rule 505 Breakdown Conditions Sections A.,B.1,. and D. only (Adopted
10/23/78)
Rule 603 Emergency Episode Plans (Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 801 New Source Review (Adopted 04/17/97)
Rule 802 Nonattainment Review (Adopted 04/17/97)
Rule 803 Prevention of Significant Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/97)
Rule 805 Air Quality Impact Analysis and Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major Sources of Hazardous Air
Pollutants (Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits--General Information (Adopted
06/19/03)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted 11/
09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal, Modification
and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
* * * * *
[FR Doc. 2012-29413 Filed 12-5-12; 8:45 am]
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