[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43029-43030]
[FR Doc No: 2017-19414]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1742]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before December 12, 2017.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1742, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 10, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.
    I. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
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           San Diego County, California and Incorporated Areas
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     Maps Available for Inspection Online at:  http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
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         Project: 12-09-1327S Preliminary Date: February 3, 2017
------------------------------------------------------------------------
City of Carlsbad.......................  Building and Development
                                          Department, 1635 Faraday
                                          Avenue, Carlsbad, CA 92008.
City of Chula Vista....................  City Hall, 276 4th Avenue,
                                          Chula Vista, CA 91910.
City of Coronado.......................  City Hall, 1825 Strand Way,
                                          Coronado, CA 92118.
City of Del Mar........................  City Hall, 2010 Jimmy Durante
                                          Boulevard, Suite 120, Del Mar,
                                          CA 92014.
City of Encinitas......................  City Hall, 505 South Vulcan
                                          Avenue, Encinitas, CA 92024.
City of Imperial Beach.................  City Hall, 825 Imperial Beach
                                          Boulevard, Imperial Beach, CA
                                          91932.
City of National City..................  City Hall, 1243 National City
                                          Boulevard, National City, CA
                                          91950.
City of Oceanside......................  City Hall, 300 North Coast
                                          Highway, Oceanside, CA 92054.
City of San Diego......................  Engineering Branch, 525 B
                                          Street, Suite 750, MS 908A,
                                          San Diego, CA 92101.
City of Solana Beach...................  City Hall, 635 South Highway
                                          101, Solana Beach, CA 92075.
Unincorporated Areas of San Diego        Department of Public Works,
 County.                                  5510 Overland Avenue, Suite
                                          410, MS 0326, San Diego, CA
                                          92123.
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[FR Doc. 2017-19414 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: May 23, 2006 (Volume 71, Number 99)]
[Rules and Regulations]
[Page 29588-29590]
[DOCID:fr23my06-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0002; FRL-8166-9]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Indiana particulate matter
(PM10) State Implementation Plan (SIP). These revisions are
for sources at the ASF Keystone, Inc. (Keystone) coil spring
manufacturing facility in Lake County, Indiana. On December 15, 2005,
Indiana requested revisions that will increase the PM10
emission limit for one unit and reduce the limits for two units. The
changes result in a net decrease of 1.77 pounds PM10 per
hour (lb/hr) in the allowable emissions. The emission limits for a
fourth unit that has shut down were also removed. Indiana also
requested removing the process weight rate limits and using lb/hr as
the short-term emission limit. The maximum permissible PM10
emissions will not increase after removing the process weight rate
limits because of the net decrease in short-term emission limits.

DATES: This direct final rule will be effective July 24, 2006, unless
EPA receives adverse comments by June 22, 2006. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0002, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0002. 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 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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: 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.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Matt Rau, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Approving?
III. What Is EPA's Analysis of the Supporting Materials?
IV. What are the Environmental Effects of These Actions?
V. What Action is EPA Taking Today?
VI. Statutory and Executive Order Reviews.

I. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. 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 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 comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.

     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. What Is EPA Approving?

    EPA is approving PM10 emission limit revisions for four
units at the Keystone facility. The limit on the small coil
manufacturing unit increases from 0.02 to 1.05 lb/hr. The limits on the
medium and large coil lines are cut in half. The medium coil unit limit
drops from 2.10 to 1.05 lb/hr. The limit on the large coil unit is
reduced from 3.50 to 1.75 lb/hr. A net PM10 limit decrease
of 1.77 lb/hr results from these revisions. The limit on the
miscellaneous coil manufacturing unit, 1.05 lb/hr, is also removed
because the unit no longer operates. The revised PM10
emission limits better reflect the actual emissions from these units.
EPA is also removing the process weight rate emission limits for the
four units. The small coil unit limit of 0.014 lb/T and the limits of
0.700 lb/T for the other three units are being deleted.

III. What Is EPA's Analysis of the Supporting Materials?

    The emission limit revisions to the coil manufacturing units can be
modeled as volume sources. Each unit is controlled by an electrostatic
precipitator that exhausts inside the plant. Rooftop vents release the
air from inside the plant to the outside. Indiana stated that no
modeling is needed. EPA agrees with Indiana because the PM10
emissions from all units combine in Keystone's building prior to being
released into the ambient air. The net limit reduction means the
maximum impact will not increase.
    Indiana also provided the maximum production rates for the coil
manufacturing units. The peak rate for the small coil line is 1.5 tons
per hour (T/hr). The maximum production rate is 3 T/hr for the medium
coil line and 5 T/hr for the large coil line. The short-term emission
limits being replaced equal the process weight rate limit at these
maximum production rates. Thus, Keystone would not be able to emit up
to the new limit of 1.05 lb/hr on the small coil manufacturing unit
because the process weight rate limit would restrict emissions to only
0.02 lb/hr. The lower short-term limits on medium and large coil
manufacturing units are more restrictive than the process weight rate
limits for these two units. The net decrease in short-term
PM10 emission limits will reduce the overall maximum
emissions from this facility.
    Indiana held public hearings on June 1, 2005 and on August 3, 2005.
No public comments were received during the comment periods including
at the public hearings.

IV. What Are the Environmental Effects of These Actions?

    Scientists have correlated exposure to PM10 with
increased hospitalizations for asthma attacks, worsening of lung
disease, chronic bronchitis, and heart damage. Particulate exposure can
increase respiratory symptoms such as irritation of the airways,
coughing, and difficulty breathing. In addition to these human health
effects, particulate matter is the main cause of haze which decreases
visibility. Particulate eventually settles on land or water which can
acidify lakes, deplete the nutrients in soil, and damage sensitive
forests and agricultural crops. No adverse impact from PM10
emissions are anticipated from the Keystone revisions because of a net
decrease in PM10 emission limits.

V. What Action Is EPA Taking Today?

    EPA is approving revisions to the PM10 limits for
sources at a Lake County, Indiana steel coil manufacturer. The
revisions result in a net reduction in the PM10 emission
limits. The limit for the small coil manufacturing unit is increased
while the limits for the medium and large coil units are decreased. The
emission limits for the miscellaneous coil manufacturing are removed
because the unit was eliminated. EPA also removed the process weight
rate emission limits for all four units. The PM10 emissions
from the units are vented inside the Keystone plant. No adverse impact
on ambient air is expected because the revisions cause a net reduction
in PM10 emission limits.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 24, 2006
without further notice unless we receive relevant adverse written
comments by June 22, 2006. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective July 24, 2006.

VI. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it
does

not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    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 rule 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 July 24, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

    Dated: April 20, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations 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 P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(175) to read as
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (175) On December 15, 2005, Indiana submitted revised particulate
matter (PM10) regulations for ASF Keystone, Inc. in Lake
County. The emission limit for the small coil manufacturing unit is
increased while the limits for the medium and large coil manufacturing
units are decreased. The result of these revisions is a net decrease in
PM10 emission limits. The emission limits for miscellaneous
coil manufacturing are removed because the unit no longer operates. EPA
also removed the process weight rate emission limits for the four
units.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 6.8: Particulate Matter Limitations for Lake County,
Rule 2: Lake County: PM10 Emission Requirements, Section 4:
ASF Keystone, Inc.-Hammond. Filed with the Secretary of State on
October 20, 2005 and effective November 19, 2005. Published in 29
Indiana Register 794 on December 1, 2005.

[FR Doc. 06-4765 Filed 5-22-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 26, 2007 (Volume 72, Number 57)]
[Rules and Regulations]
[Page 14044-14049]
[DOCID:fr26mr07-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2006-0518; FRL-8278-2]

New York: Incorporation by Reference of State Hazardous Waste
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. EPA uses the regulations entitled ``Approved State Hazardous
Waste Management Programs'' to provide notice of the authorization
status of State programs and to incorporate by reference those
provisions of the State regulations that will be subject to EPA's
inspection and enforcement. This rule does not incorporate by reference
the New York hazardous waste statutes. The rule codifies in the
regulations the prior approval of New York's hazardous waste management
program and incorporates by reference authorized provisions of the
State's regulations. In addition, this document corrects errors made in
the program revision table in Section G published in the January 11,
2005 Federal Register authorization document for New York.

DATES: This regulation is effective May 25, 2007, unless EPA receives
adverse written comment on this regulation by the close of business
April 25, 2007. If EPA receives such comments, it will publish a timely
withdrawal of this immediate final rule in the Federal Register
informing the public that this rule will not take effect. The Director
of the Federal Register approves this incorporation by reference as of
May 25, 2007 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
RCRA-2006-0518, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Send written comments to Michael Infurna, Division
of Environmental Planning and Protection, EPA, Region 2, 290 Broadway,
22nd Floor, New York, NY 10007.
     Hand Delivery or Courier: Deliver your comments to Michael
Infurna, Division of Environmental Planning and Protection, EPA, Region
2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The public is advised to call in advance to verify the business hours.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-RCRA-
2006-0518. EPA's policy is that all comments received will be included
in the public docket without change, 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 Federal 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 or any form of encryption, and be free of any defects or
viruses. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
).

    Docket: 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.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy. You can inspect the

records related to this codification effort in the EPA Region 2
Library, 290 Broadway, 16th Floor, New York, NY 10007, Phone number:
(212) 637-3185. The public is advised to call in advance to verify the
business hours.

FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
floor, New York, NY 10007; telephone number<PHONE_NUMBER>; fax number:
(212) 637-3056; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Correction

    There were typographical errors and omissions in the table
published as part of the January 11, 2005 (70 FR 1827) authorization
document for New York. The affected entries for that table are

shown in the table below. The corrections are bolded and italicized.

------------------------------------------------------------------------
   Description of Federal requirement       Analogous State regulatory
       (revision checklists \1\)                  authority \2\
------------------------------------------------------------------------

                              * * * * * * *
Land Disposal Restrictions Phase IV--    6 NYCRR 376.1(b)(1)(xii),
 Treatment Standards for Metal Wastes     376.1(c)(4), 376.3(b)(1)-(3),
 and Mineral Processing Wastes (5/26/     (5) and (6), 376.4(a)(5) and
 98, 63 FR 28556; Revision Checklist      (8), 376.4(a)/Table, and
 167 A).                                  376.4(j)/Table UTS.
                                         (More stringent provisions:
                                          376.3(b)(5)(iii).)

                              * * * * * * *
Hazardous Waste Combustors; Revised      6 NYCRR 371.1(e)(1)(xvi),
 Standards; Part 1: RCRA Comparable       371.4(i), 373-1.3(g)(2)(viii),
 Fuel Exclusion; Permit Modifications     373-1.7(c)(12)(iii), 373-
 for Hazardous Waste Combustion Units;    1.7(j) introductory paragraph,
 Notification of Intent To Comply;        and 371.7(j)(1).
 Waste Minimization and Pollution        (More stringent provisions: 373-
 Prevention Criteria for Compliance       1.7(c)(12)(iii).)
 Extensions (6/19/98, 63 FR 33782;
 Checklist 168).

                              * * * * * * *
------------------------------------------------------------------------

II. Incorporation By Reference

A. What Is Codification?

    Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize State
hazardous waste management programs. The State regulations authorized
by EPA supplant the Federal regulations concerning the same matter with
the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program which is federally enforceable in
accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934 and 6973, and any other applicable statutory and
regulatory provisions.

B. What Is the History of the Authorization and Codification of New
York's Hazardous Waste Management Program?

    New York initially received final authorization for its hazardous
waste management program, effective on May 29, 1986 (51 FR 17737) to
implement its base hazardous waste management program. Subsequently,
EPA authorized revisions to the State's program effective July 3, 1989
(54 FR 19184), May 7, 1990 (55 FR 7896), October 29, 1991 (56 FR
42944), May 22, 1992 (57 FR 9978), August 28, 1995 (60 FR 33753),
October 14, 1997 (62 FR 43111), January 15, 2002 (66 FR 57679) and
March 14, 2005 (70 FR 1825, as corrected on April 5, 2005 (70 FR
17286)). EPA first codified New York's authorized hazardous waste
program effective September 30, 2002. In this action, EPA is revising
Subpart HH of 40 CFR part 272 to include the recent authorization
revision actions effective March 14, 2005.

C. What Decisions Have We Made in This Action?

    Today's action codifies EPA's authorization of revisions to New
York's hazardous waste management program. This codification reflects
the State program in effect at the time EPA authorized revisions to the
New York hazardous waste program in a final rule dated January 11, 2005
(70 FR 1825; and corrected on April 5, 2005 (70 FR 17286)). The rule
incorporates by reference the most recent version of the State's
authorized hazardous waste management regulations. This action does not
reopen any decision EPA previously made concerning the authorization of
the State's hazardous waste management program. EPA is not requesting
comments on its decisions published in the Federal Register notices
referenced in section B of this document concerning revisions to the
authorized program in New York.
    EPA is incorporating by reference the authorized revisions to the
New York hazardous waste program by revising Subpart HH to 40 CFR part
272. 40 CFR 272.1651 previously incorporated by reference New York's
authorized hazardous waste regulations, as amended through March 15,
1999, plus amendments to selected provisions on November 15, 1999 and
January 31, 2000, as well as selected provisions as found in the New
York regulations dated January 31, 1992 and January 14, 1995. Section
272.1651 also references the demonstration of adequate enforcement
authority, including procedural and enforcement provisions, which
provide the legal basis for the State's implementation of the hazardous
waste management program. In addition, Sec.  272.1651 references the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which were evaluated as part of the approval
process of the hazardous waste management program under Subtitle C of
RCRA.

D. What Is the Effect of New York's Codification on Enforcement?

    EPA retains the authority under statutory provisions, including but
not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
With respect to enforcement actions, EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference New York's inspection and enforcement
authorities nor are those authorities part of New York's approved State
program which operates in lieu of the Federal program. 40 CFR
272.1651(c)(2) lists these authorities for informational purposes, and
also because EPA considered them in determining the adequacy of New
York's procedural and enforcement authorities. New York's authority to
inspect and enforce the State's hazardous waste management program
requirements continues to operate independently under State law.

E. What State Provisions Are Not Part of the Codification?

    The public is reminded that some provisions of New York's hazardous
waste management program are not part of the federally authorized State
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Unauthorized amendments to authorized State provisions;
    (3) New unauthorized State requirements; and
    (4) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
    State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.1651(c)(3) lists the New York
statutory and regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. This action updates that list for
``broader in scope'' provisions. While ``broader in scope'' provisions
are not part of the authorized program and cannot be enforced by EPA;
the State may enforce such provisions under State law.
    Additionally, New York's hazardous waste regulations include
amendments which have not been authorized by EPA. Since EPA cannot
enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by EPA include amendments to previously authorized
State regulations as well as new State requirements.
    In those instances where New York has made unauthorized amendments
to previously authorized sections of State code, EPA is identifying in
40 CFR 272.1651(c)(4) any regulations which, while adopted by the State
and incorporated by reference, include language not authorized by EPA.
Those unauthorized portions of the State regulations are not federally
enforceable. Thus, notwithstanding the language in the New York
hazardous waste regulations incorporated by reference at 40 CFR
272.1651(c)(1), EPA will only enforce those portions of the State
regulations that are actually authorized by EPA. For the convenience of
the regulated community, the actual State regulatory text authorized by
EPA for the citations listed at 272.1651(c)(4) (i.e., without the
unauthorized amendments) is compiled as a separate document, Addendum
to the EPA Approved New York Regulatory Requirements Applicable to the
Hazardous Waste Management Program, March 2005. This document is
available from EPA Region 2, EPA Region 2 Library, 290 Broadway, 16th
Floor, New York, New York 10007, Phone number:<PHONE_NUMBER>.
    State regulations that are not incorporated by reference in today's
rule at 40 CFR 272.1651(c)(1), or that are not listed in 40 CFR
272.1651(c)(3) (``broader in scope'') or 40 CFR 272.1651(c)(4)
(``unauthorized amendments to authorized State provisions''), are
considered new unauthorized State requirements. These requirements are
not Federally enforceable.

F. What Will Be the Effect of Federal HSWA Requirements on the
Codification?

    With respect to any requirement(s) pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet
been authorized and which EPA has identified as taking effect
immediately in States with authorized hazardous waste management
programs, EPA will enforce those Federal HSWA standards until the State
is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions, unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
Federal program. A HSWA requirement or prohibition, unless identified
by EPA as optional or as less stringent, supersedes any less stringent
or inconsistent State provision which may have been previously
authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA
requirement implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.

III. Statutory and Executive Order Reviews

    This rule codifies EPA-authorized hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by State law. Therefore, this rule complies with applicable
executive orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of
Management and Budget (OMB) has exempted this rule from its review
under Executive Order 12866 (58 FR 51735, October 4, 1993).
    2. Paperwork Reduction Act--This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    3. Regulatory Flexibility Act--This rule codifies New York's
authorized hazardous waste management regulations in the CFR and does
not impose new burdens on small entities. Accordingly, I certify that
this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
    4. Unfunded Mandates Reform Act--Because this rule codifies pre-
existing State hazardous waste management program requirements which
EPA already approved under 40 CFR part 271, and with which regulated
entities must already comply, it 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).
    5. Executive Order 13132: Federalism--Executive Order 13132 (64 FR
43255, August 10, 1999) does not apply to this rule because it will not
have federalism implications (i.e., substantial direct effects on the
States, on the relationship between the Federal government and the
States, or on the distribution of power and responsibilities among the
various levels of government). This action codifies existing authorized
State hazardous waste management program requirements without altering
the relationship or the distribution of power and responsibilities
established by RCRA.
    6. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments--Executive Order 13175 (65 FR 67249, November 6,
2000) does not apply to this rule because it will not have tribal
implications (i.e., substantial direct effects on one or more Indian
tribes, or

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).
    7. Executive Order 13045: Protection of Children from Environmental
Health & Safety Risks--This rule is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it is not based on environmental health or safety
risks.
    8. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use--This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    9. National Technology Transfer Advancement Act--The requirements
being codified are the result of New York's voluntary participation in
EPA's State program authorization process under RCRA Subtitle C. Thus,
the requirements of section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
    10. Executive Order 12988--As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), EPA has taken the necessary
steps in this action to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
    11. Congressional Review Act--EPA will submit a report containing
this rule and other information required by the Congressional Review
Act (5 U.S.C. 801 et seq., as amended) 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 action will be effective May 25, 2007.

List of Subjects in 40 CFR Part 272

    Environmental Protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indians--lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: January 4, 2007.
Alan J. Steinberg,
Regional Administrator, EPA Region 2.

0
For the reasons set forth in the preamble, 40 CFR part 272 is amended
as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Subpart HH is amended by revising Sec.  272.1651 to read as follows:

Sec.  272.1651  New York State-Administered Program: final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New
York has final authorization for the following elements as submitted to
EPA in New York's base program application for final authorization
which was approved by EPA effective on May 29, 1986. Subsequent program
revision applications were approved effective on July 3, 1989, May 7,
1990, October 29, 1991, May 22, 1992, August 28, 1995, October 14,
1997, January 15, 2002 and March 14, 2005.
    (b) The State of New York has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations. (1) The New York regulations
cited in paragraph (c)(1)(i) of this section are incorporated by
reference as part of the hazardous waste management program under
subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the New York
regulations that are incorporated by reference in this paragraph from
West Group, 610 Opperman Drive, Eagan, MN 55123, ATTENTION: D3-10
(Phone : 1-800-328-9352). You may inspect a copy at EPA Region
2 Library, 290 Broadway, 16th Floor, New York, NY 10007 (Phone number:
(212) 637-3185), or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    (i) The Binder entitled ``EPA Approved New York Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated March 2005.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume,
as revised by the 2004 Cumulative Pocket Part: sections 1-0303(18), 3-
0301(1) (introductory paragraph); 3-0301(1)(a) and (b); 3-0301(1)(m);
3-0301(1)(o); 3-0301(1)(w); 3-0301(1)(x); 3-0301(1)(cc); 3-0301(2)
introductory paragraph; 3-0301(2)(a), (b), (d) through (j), (l), (m)
and (q); 3-0301(2)(z); 3-0301(4); 19-0301(1) (except 19-0301(c), (e)
and (f)); 19-0303(1) through (3); 19-0304; 27-0105; 27-0701; 27-0703;
27-0705; 27-0707 (except 27-0707(2-c)); 27-0711; 27-0900 through 27-
0908; 27-0909 (except 27-0909(5)); 27-0910 through 27-0922; 27-1105;70-
0101; 70-0103; 70-0105 (except 70-0105(3) and 70-0105(6)); 70-0107(1)
and (2); 70-0107(3) (except 70-0107(3)(a) through (k), (m) and (n));
70-0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-0117; 70-0119;
70-0121; 71-0301; 71-1719; 71-2705; 71-2707; 71-2709 through 71-2715;
71-2717; 71-2720; and 71-2727.
    (iii) McKinney's Consolidated Laws of New York, Book 1, Executive
Law (EL), Article 6: section 102.
    (iv) McKinney's Consolidated Laws of New York, Book 46, Public
Officers Law (POL), as amended through 2004: sections 87 and 89 (except
the phrase ``and one-a'' at 89(5)(a)(3), and 89(5)(a)(1-a)).
    (v) McKinney's Consolidated Laws of New York, Book 7B, Civil
Practice Law and Rules (CPLR), as amended through 2004: sections 1013,
6301; 6311; and 6313.
    (vi) Title 6, New York Codes, Rules and Regulations (6 NYCRR),
Volume A-2A, Hazardous Waste Management System, as amended through
April 10, 2004: sections 372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-
1.4(d) through (f); 373-1.6(c); 621.1 through 621.4; 621.5 (except
(d)(5), (d)(6)(i), (d)(7)(i)(a), (d)(7)(i)(c) and (d)(9)); 621.6
(except (b), (d)(4) and (d)(5)); 621.7; 621.8; 621.9 (except (a)(5),
(c)(2) and (e)(2)); 621.10; 621.11 (except (d)); 621.12 through

621.15; and 621.16 (except (b), (d) and (e)).
    (3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, are not incorporated by reference and are not federally
enforceable:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume,
as revised by the 2004 Cumulative Pocket Part: sections 27-0301; 27-
0303; 27-0305; 27-0307; 27-0909(5); 27-0923; 27-0925 and 27-0926.
    (ii) Title 6, New York Codes, Rules and Regulations (6 NYCRR),
Volume A-2A, Hazardous Waste Management System, as amended through
April 10, 2004: Section 371.4(e); 372.3(a)(1); 372.3(a)(4);
372.3(b)(6)(iv); 372.3(d)(3); 373-1.1(d)(1)(x); 373-1.4(c); 373-
2.15(a)(2); and 374-3.4(a)(2).
    (iii) Throughout New York's hazardous waste regulations, the State
cross-references Part 364, which sets forth additional transporter
requirements including permit and liability requirements (for examples,
see 6 NYCRR sections 372.2(b)(8), 373-1.7(h)(3), 374-3.3(i)(1) and (2),
374-3.4(a) and 374-3.6(a)(1)). The transporter permit and liability
requirements are broader in scope than the Federal program.
    (iv) New York did not adopt an analog to 40 CFR 261.4(g) that
excludes certain dredged materials from the State definition of
hazardous waste. Instead, the State subjects these materials to full
regulation as hazardous wastes.
    (v) New York State regulations do not incorporate the Mineral
Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17) and the
related changes affecting 40 CFR 261.2(c)(3) and (c)(4)/Table, and 40
CFR 261.2(e)(1)(iii). Since New York did not adopt the exclusion at 40
CFR 261.4(a)(17) the State has a broader in scope program because the
effect is to include materials that are not considered solid waste by
EPA.
    (4) Unauthorized State Amendments. (i) The authorized provisions at
sections 371.1(c)(7), 373-1.3(d)(3), and 373-2.8(a)(3) of 6 NYCRR, as
amended through April 10, 2004, include amendments that are not
approved by EPA. Such unauthorized amendments are not part of the
State's authorized program and are, therefore, not Federally
enforceable. Thus, notwithstanding the language in the New York
hazardous waste regulations incorporated by reference at paragraph
(b)(1)(i) of this section, EPA will enforce the State regulations that
are actually authorized by EPA. The effective dates of the State's
authorized provisions are listed in the following Table:

        Title 6.--New York Codes, Rules and Regulations (6 NYCRR)
------------------------------------------------------------------------
         State Citation                Description        Effective date
------------------------------------------------------------------------
371.1(c)(7)....................  Definition of Solid     ...............
                                  Waste. Documentation
                                  of claims for
                                  exemption
373-2.8(a)(3)..................  Submission of           ...............
                                  applications.
373-1.3(d)(3)..................  Financial
                                  Requirements. States
                                  and Federal
                                  government are exempt
                                  from the requirements
                                  of this section.
------------------------------------------------------------------------

    (ii) The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA Approved New York Regulatory Requirements
Applicable to the Hazardous Waste Management Program, March 2005. This
document is available from EPA Region 2, EPA Region 2 Library, 290
Broadway, 16th Floor, New York, New York 10007, Phone number: (212)
637-3185.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 2 and the State of New York, signed by the Commissioner of
the State of New York Department of Environmental Conservation on July
20, 2001, and by the EPA Regional Administrator on January 16, 2002,
although not incorporated by reference, is referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of New York
in 1985 and revisions, supplements and addenda to that Statement dated
August 18, 1988, July 26, 1989, August 15, 1991, October 11, 1991, July
28, 1994, May 30, 1997, February 5, 2001, and April 2, 2004, although
not incorporated by reference, are referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements thereto, although not incorporated
by reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272, State Requirements, is amended by revising
the listing for ``New York'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

New York

    The regulatory provisions include:
    Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume
A-2A, Hazardous Waste Management System, as amended through April
10, 2004.
    Please note the following:
    (1) The State's official regulations, as amended through April
10, 2004, contain typographical and printing errors that were not in
the State's regulations submitted for authorization. New York
subsequently corrected these errors in its official ``Supplement'',
dated July 15, 2005, filed with the New York Secretary of State. EPA
recognizes the corrected provisions as part of the authorized
program. The authorized provisions for which typographical and
printing errors in the April 10, 2004 regulations have been
corrected are noted below by inclusion in parentheses of July 15,
2005 after the regulatory citation.
    (2) For a few regulations, the authorized regulation is an
earlier version of the New York State regulation. For these
regulations, EPA authorized the version of the regulations that
appear in the Official Compilation of Code, Rules and Regulations
dated January 31, 1992 or January 1, 1999. New York State made later
changes to these regulations but these changes have not been
authorized by EPA. The regulations where the authorized regulation
is an earlier version of the regulation are noted below by inclusion
in parentheses of January 31, 1992 or January 1, 1999 after the
regulatory citations.
    Part 370--Hazardous Waste Management System--General: Sections
370.1(a) (except (a)(3)); 370.1(b) through (d); 370.1(e) (except
(e)(1)(xv), (e)(1)(xvi) and (e)(6)(ii) through (iii)); 370.2(a);
370.2(b)(1) through (b)(15) ``battery''; 370.2(b)(15) ``bedrock''
(January 31, 1992); 370.2(b)(17)-(b)(54); 370.2(b)(56) through
(b)(71); 370.2(b)(72) (July 15, 2005); 370.2(b)(73) through (b)(91);
370.2(b)(94) through (b)(104); 370.2(b)(106) through (b)(122);
370.2(b)(123) and (124) (July 15, 2005); 370.2(b)(126) through
(b)(187); 370.2(b)(188) (July 15, 2005); 370.2(b)(189) through
(b)(212); 370(b)(214) and (b)(215);

370.2(b)(216) (except the last sentence); 370.2(b)(217) through
(b)(220); 370.3 (except 370.3(c)); 370.4 (except 370.4(a)(1)(i)
through (v)); 370.4(a)(1)(i) through (v) (July 15, 2005); 370.5
(except (b)).
    Part 371--Identification and Listing of Hazardous Waste:
Sections 371.1(a) through (c); 371.1(d) (except (d)(1)(ii)(e));
371.1(e) (except 371.1(e)(2)(vi)('b')(21); 371.1(f)(1) through (7);
371.1(f)(8) (except the phrase ``or such mixing occurs at a facility
regulated under Subpart 373-4 or permitted under Part 373 of this
Title''); 371.1(f)(9) and (f)(10); 371.1(g)(1)(i); 371.1(g)(1)(ii)
(except (g)(1)(ii)(c)); 371.1(g)(1)(iii) (except (g)(1)(iii)(a));
371.1(g)(1)(iii)(a) (except the phrase ``as defined in section 372.5
of this Title, and provide a copy of'') (January 1, 1999);
371.1(g)(2) through (4); 371.1(h) through (j); 371.2; 371.3; and
371.4(a) and (b); 371.4(c) (except K171 and K172 entries); 371.4(c),
K171 and K172 entries (July 15, 2005); 371.4(d), (f) and (i).
    Part 372--Hazardous Waste Manifest System and Related Standards
for Generators, Transporters and Facilities: Sections 372.1(a)
through (d); 372.1(e)(2)(ii)(c) (January 31, 1992);
372.1(e)(2)(iii)(c) (January 31, 1992); 372.1(e)(3) through (e)(8);
372.1(g) and (h); 372.2 (except (a)(8)(vi)); 372.3 (except (a)(1),
(a)(4), (a)(7)(i), (a)(8), (b)(1)(ii), (b)(5)(ii), (b)(6)(iv),
(c)(4) and (d)(3)); 372.5 (except (h) and (i); 372.6; 372.7(a) and
(b); 372.7(c) (except (c)(1)(ii)); and 372.7(d) (except (d)(4));
372.7(d)(4) (January 31, 1992).
    Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and
Disposal Facility Permitting Requirements: Sections 373-1.1(a)
through (c), 373-1.1(d) (except (d)(1)(iii)(b), (d)(1)(iii)(c)(6),
(d)(1)(iii)(d), (d)(1)(iv)(a) and (b), (d)(1)(x), (d)(1)(xvi) and
(xviii)); 373-1.1(e); 373-1.1(h) and (i); 373-1.2; 373-1.3; 373-
1.4(a); 373-1.4(g) and (h); 373-1.5(a)(1); 373-1.5(a)(2) (except
(a)(2)(xviii)); 373-1.5(a)(3) and (4); 373-1.5(b) and (c); 373-
1.5(d) (except (d)(3)); 373-1.5(e) through (p) (except reserved
paragraphs); 373-1.6 (except (c)); 373-1.7 through 373-1.9; 373-1.10
(except (a)(1)); 373-1.10(a)(1) (January 1, 1999); and 373-1.11.
    Part 373, Subpart 373-2--Final Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage and Disposal
Facilities: Sections 373-2.1 through 373-2.4; 373-2.5(a); 373-2.5(b)
(except the last sentence in (b)(1)(i)(b) and the entire provision
at (b)(1)(vii)); 373-2.5(c) through (g); 373-2.6 through 373-2.9;
373-2.10 (except last sentence in (g)(4)(i)); 373-2.11; 373-2.12
(except 373-2.12(a)(1), (d) and (g)(2)); 373-2.12(a)(1) (January 31,
1992); 373-2.12(g)(2) (January 31, 1992); 373-2.13; 373-2.14; 373-
2.15 (except (a)(2)); 373-2.19; 373-2.23; 373-2.24; 373-2.27; 373-
2.28; 373-2.29; 373-2.30; and 373-2.31.
    Part 373, Subpart 373-3--Interim Status Standards Regulations
for Owners and Operators of Hazardous Waste Facilities: Sections
373-3.1 (except 373-3.1(a)(4) and the phrase ``or Subpart 374-2 of
this Title'' in 373-3.1(a)(6)); 373-3.2 through 373-3.4; 373-3.5
(except last sentence in 373-3.5(b)(1)(i)(b) and (b)(1)(vii)); 373-
3.6 through 373-3.9; 373-3.10 (except last sentence in (g)(4)(i));
373-3.11 through 373-3.14; 373-3.15 (except (a)(2)); 373-3.16
through 373-3.18; 373-3.23; and 373-3.27 through 373-3.31.
    Part 374, Subpart 374-1--Standards for the Management of
Specific Hazardous Wastes and Specific Types of Hazardous Waste
Management Facilities: Sections 374-1.1; 374-1.3; 374-1.6 (except
(a)(2)(iii)); 374-1.7; 374-1.8(a)(1); 374-1.8(a)(2) (except the
second sentence ``Such used oil * * * of this Title'' in (a)(2)(i));
374-1.8(a)(3) through (a)(6); 374-1.8(b) through (m); and 374-1.13.
    Part 374, Subpart 374-3--Standards for Universal Waste: Sections
374-3.1 (except (f) and (g)); 374-3.2; 374-3.3; 374-3.4 (except
(a)(2)); 374-3.5; 374-3.6; and 374-3.7.
    Part 376--Land Disposal Restrictions: Sections 376.1 (except
(a)(5), (a)(9), (b)(1)(xi), (e) and (f)); 376.2; 376.3 (except
(b)(4), (c) and (d)(2)); 376.4 (except (c)(2) and (e)(1) through
(7)); and 376.5.
    Appendices: Appendices 19 through 25; Appendices 27 through 30;
Appendix 33; Appendix 38; Appendices 40 through 49 and Appendices 51
through 55.
    Copies of the New York regulations that are incorporated by
reference are available from West Group, 610 Opperman Drive, Eagan,
MN 55123, ATTENTION: D3-10 (Phone : 1-800-328-9352).
* * * * *
 [FR Doc. E7-5361 Filed 3-23-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: May 27, 2009 (Volume 74, Number 100)]
[Proposed Rules]
[Page 25208-25209]
[DOCID:fr27my09-16]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 240

[Docket No. FRA-2008-0091, Notice No. 3]
RIN 2130-AB95

Qualification and Certification of Locomotive Engineers;
Miscellaneous Revisions

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice to reopen comment period.

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

SUMMARY: FRA is reopening the comment period for the notice of proposed
rulemaking (NPRM) published on December 31, 2008 (73 FR 80349) which
proposed revisions to FRA regulations governing the qualification and
certification of locomotive engineers. Reopening the comment period is
necessary to provide interested parties the opportunity to submit
comments on the information and testimony offered at the public hearing
related to the NPRM that was conducted on April 14, 2009. The comment
period is reopened until June 15, 2009.

DATES: Written comments must be received by Monday, June 15, 2009.
Comments received after that date will be considered to the extent
possible without incurring additional expenses or delays.

ADDRESSES: Comments related to Docket No. FRA-2008-0091 may be
submitted by any of the following methods:
     Fax: 1-202-493-2251;
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590;
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or
     Electronically through the Federal eRulemaking Portal,
http://www.regulations.gov. Follow the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name, docket
name

and docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act section of this
document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 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: John L. Conklin, Program Manager,
Locomotive Engineer Certification, U.S. Department of Transportation,
Federal Railroad Administration, Mail Stop 25, West Building 3rd Floor
West, Room W38-208, 1200 New Jersey Avenue, SE., Washington, DC 20590
(telephone:<PHONE_NUMBER>); or John Seguin, Trial Attorney, U.S.
Department of Transportation, Federal Railroad Administration, Office
of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room
W31-217, 1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone:
202-493-6045).

SUPPLEMENTARY INFORMATION: On April 14, 2009, the comment period for
the NPRM reopened for thirty (30) days so that FRA could make the
public hearing transcript available for review and comment by the
general public, interested parties could provide additional comments or
documents, and so interested parties could respond to testimony
provided at the public hearing. A request for an extension of that
comment period, which closed on May 14, 2009, has been filed with the
FRA. The request alleges that an interested party was unable to timely
comment due to problems accessing the hearing transcript. In light of
the request, FRA is reopening the comment period.

Privacy Act

    FRA wishes to inform all potential commenters that anyone is able
to search the electronic form of all comments received into any agency
docket by the name of the individual submitting the comment (or signing
the comment, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477-78) or
you may visit http://www.regulations.gov/search/footer/
privacyanduse.jsp.

    Issued in Washington, DC, on May 20, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-12156 Filed 5-26-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Page 52758]
[FR Doc No: 2022-18563]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD22-10-000]

Notice of Technical Conference; Reliability Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission) will convene its annual Commissioner-led Reliability
Technical Conference in the above-referenced proceeding on Thursday,
November 10, 2022, from approximately 12:00 p.m. to 5:00 p.m. Eastern
time. The conference will be held in-person at the Commission's
headquarters at 888 First Street NE, Washington, DC 20426 in the
Commission Meeting Room (with a WebEx option available).
    The purpose of this conference is to discuss policy issues related
to the reliability and security of the Bulk-Power System.
    The conference will be open for the public to attend, and there is
no fee for attendance. Supplemental notices will be issued prior to the
conference with further details regarding the agenda, how to register
to participate, and the format. Information on this technical
conference will also be posted on the Calendar of Events on the
Commission's website, www.ferc.gov, prior to the event.
    The conference will also be transcribed. Transcripts will be
available for a fee from Ace Reporting,<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll-free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact Lodie White at [email protected] or<PHONE_NUMBER>. For
information related to logistics, please contact Sarah McKinley at
[email protected] or<PHONE_NUMBER>.

    Dated: August 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18563 Filed 8-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Page 18223]
[FR Doc No: 2020-06764]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7189-014]

Green Lake Water Power Company; Notice of Cancellation of Dispute
Resolution Panel Meeting and Technical Conference

    The technical conference scheduled to occur via teleconference on
Monday, March 30, 2020, regarding the dispute resolution panel for the
Green Lake Hydroelectric Project (project) is cancelled. On March 26,
2020, the National Marine Fisheries Service filed a letter withdrawing
its study dispute that was filed on February 25, 2020. The technical
conference is therefore being cancelled due to the withdrawal of the
study dispute. The three-person dispute resolution panel formed
pursuant to 18 CFR 5.14(d) on March 9, 2020, by Commission staff, in
response to the filing of a notice of study dispute is hereby
disbanded.

    Dated: March 26, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-06764 Filed 3-31-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57180]
[FR Doc No: 2021-22350]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3571-EM; Docket ID FEMA-2021-0001]

California; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of California (FEMA-3571-EM), dated September
1, 2021, and related determinations.

DATES: The declaration was issued September 1, 2021.

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 September 1, 2021, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of California resulting from the Caldor Fire beginning
on August 14, 2021, and continuing, are of sufficient severity and
magnitude to warrant an emergency 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
an emergency exists in the State of California.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. 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 emergency
assistance and administrative expenses.
    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, Department
of Homeland Security, under Executive Order 12148, as amended, Dolph A.
Diemont, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of California have been designated
as adversely affected by this declared emergency:

    Alpine, Amador, El Dorado, and Placer Counties for emergency
protective measures (Category B), limited to direct federal
assistance, under the Public Assistance 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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-22350 Filed 10-13-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14976-14979]
[FR Doc No: 2012-5764]

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

40 CFR Part 52

[EPA-R04-OAR-2011-0353; FRL-9644-3]

Approval and Promulgation of Implementation Plans; Tennessee;
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve the state implementation
plan (SIP) revision submitted by the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), to
demonstrate that the State meets the requirements of sections 110(a)(1)
and (2) with respect to sections 110(a)(2)(C) and (J), of the Clean Air
Act (CAA or Act) for the 1997 8-hour ozone national ambient air quality
standards (NAAQS). Section 110(a) of the CAA requires that each state
adopt and submit a state implementation plan (SIP) for the
implementation, maintenance, and enforcement of each NAAQS promulgated
by EPA, which is commonly referred to as an ``infrastructure'' SIP.
TDEC certified that the Tennessee SIP contains provisions that ensure
the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained
in Tennessee (hereafter referred to as ``infrastructure submission'').
Tennessee's infrastructure submission, provided to EPA on December 14,
2007, and clarified in a subsequent May 28, 2009, submission, addressed
the required infrastructure elements for the 1997 8-hour ozone NAAQS,
however the subject of this notice is limited to infrastructure
elements 110(a)(2)(C) and (J). All other applicable Tennessee
infrastructure elements will be addressed in a separate rulemaking.

DATES: Effective Date: This rule will be effective April 13, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2011-0353. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., 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 form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Ward can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997, EPA
promulgated a new NAAQS for ozone based on 8-hour average
concentrations, thus states were required to provide submissions to
address sections 110(a)(1) and (2) of the CAA for this new NAAQS.
Tennessee provided its infrastructure submission for the 1997 8-hour
ozone NAAQS on December 14, 2007, and clarified it in a subsequent
submission submitted on May 28, 2009. On March 27, 2008, Tennessee was
among other states that received a finding of failure to submit because
its infrastructure submission was deemed incomplete for elements
110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS by March 1, 2008.
See 73 FR 16205. Specifically, the Tennessee infrastructure submission
did not address the part C Prevention of Significant Deterioration
(PSD) permit program requirements promulgated in the 1997 8-Hour Ozone
NAAQS Implementation Rule New Source Review (NSR) Update--Phase 2 final
rule (hereafter referred to as the Ozone Implementation NSR Update)
recognizing nitrogen oxide (NOx) as an ozone precursor, among other
elements. See 70 FR 71612 (November 29, 2005). On May 28, 2009, TDEC
submitted a SIP revision to EPA for federal approval which included
revisions to Chapter 1200-03-09 of the Tennessee NSR program that
addressed changes promulgated in the Ozone Implementation NSR Update.
On February 7, 2012, EPA finalized approval of Tennessee's May 28,
2009, SIP revision. See 77 FR 6016. The May 28, 2009, submission was
one of two required SIP revisions that were necessary in order for
Tennessee to meet the requirements of infrastructure elements
110(a)(2)(C) and (J). In addition revisions related to the Ozone
Implementation NSR Update, Tennessee was also required to submit
revisions related to the ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule'' (hereafter referred to as the
``PSD GHG Tailoring Rule'').
    On January 11, 2012, TDEC submitted its final PSD GHG Tailoring
Rule revision to EPA. This revision establishes appropriate emission
thresholds for determining which new stationary sources and
modification projects become subject to Tennessee's PSD permitting
requirements for their GHG emissions, and thereby addresses the
thresholds for GHG permitting applicability in Tennessee. On January
27, 2012, the final rulemaking approving Tennessee's January 11, 2012,
SIP revision was signed by the Acting EPA Region 4 Administrator. This
rulemaking is scheduled to be published in the Federal Register on or
before February 28, 2012. On January 23, 2012, EPA proposed to approve
Tennessee's December 14, 2007, infrastructure submission for the 1997
8-hour ozone NAAQS for elements 110(a)(2)(C) and (J), which is the
subject of today's rulemaking. See 77 FR 3213. A summary of the
background for today's final action is provided below. See EPA's
January 23, 2012, proposed rulemaking at 77 FR 3213 for more detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 8-hour ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous ozone
NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.''
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) but does provide detail on how Tennessee's SIP
addresses 110(a)(2)(C).
---------------------------------------------------------------------------

     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control
measures.\2\
---------------------------------------------------------------------------

    \2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------

     110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------

    \3\ Today's proposed rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997 8-hour ozone
NAAQS. Interstate transport requirements were formerly addressed by
Tennessee consistent with the Clean Air Interstate Rule (CAIR). On
December 23, 2008, CAIR was remanded by the DC Circuit Court of
Appeals, without vacatur, back to EPA. See North Carolina v. EPA,
531 F.3d 896 (DC Cir. 2008). Prior to this remand, EPA took final
action to approve Tennessee's SIP revision, which was submitted to
comply with CAIR. See 72 FR 46388 (August 20, 2007). In so doing,
Tennessee's CAIR SIP revision addressed the interstate transport
provisions in section 110(a)(2)(D)(i) for the 1997 8-hour ozone
NAAQS. In response to the remand of CAIR, EPA has promulgated a new
rule to address the interstate transport. See 76 FR 48208 (August 8,
2011) (``the Transport Rule''). That rule was recently stayed by the
DC Circuit Court of Appeals. EPA's action on element 110(a)(2)(D)(i)
will be addressed in a separate action.
---------------------------------------------------------------------------

     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
---------------------------------------------------------------------------

    \4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's final rulemaking.
---------------------------------------------------------------------------

     110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.

II. This Action

    EPA is taking final action to approve Tennessee's December 14,
2007, and

clarified on May 28, 2009, infrastructure submission as demonstrating
that the State meets the applicable requirements of elements
110(a)(2)(C) and (J) of the CAA 110(a)(1) and (2) SIP requirements for
the 1997 8-hour ozone NAAQS. Section 110(a) of the CAA requires that
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each NAAQS promulgated by the EPA, which is commonly
referred to as an ``infrastructure'' SIP. Tennessee, through TDEC,
certified that the TDEC SIP contains provisions that ensure the 1997 8-
hour ozone NAAQS is implemented, enforced, and maintained in Tennessee
for infrastructure elements 110(a)(2)(C) and (J). Additionally, EPA
received no adverse comments on its January 23, 2012, proposed approval
of Tennessee's December 14, 2007, infrastructure submission.
    EPA has determined that Tennessee's infrastructure submission,
provided to EPA on December 14, 2007, and clarified in a subsequent
submission submitted on May 28, 2009, which addressed infrastructure
elements 110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS, is
consistent with section 110 of the CAA.

III. Final Action

    EPA is taking final action to approve Tennessee's December 14,
2007, submission as clarified on May 28, 2009, for the 1997 8-hour
ozone NAAQS because this submission is consistent with section 110 of
the CAA. TDEC has addressed the elements (C) and (J) of the CAA
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007,
guidance to ensure that the 1997 8-hour ozone NAAQS are implemented,
enforced, and maintained in Tennessee.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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 CAA; 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, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 14, 2012. 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 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 24, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 1997 8-Hour Ozone National
Ambient Air Quality Standards--Elements 110(a)(1) and (2)(C) and (J)''
at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                          Applicable          State
Name of nonregulatory SIP provision      geographic or      effective    EPA approval date       Explanation
                                      nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure     Tennessee...........   12/14/2007  3/14/2012 [Insert
 Requirements for the 1997 8-Hour                                        citation of
 Ozone National Ambient Air Quality                                      publication].
 Standards--Elements 110(a)(1) and
 (2)(C) and (J).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-5764 Filed 3-13-12; 8:45 am]
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