[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67864-67874]
[FR Doc No: 2021-25451]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0548; FRL: 8260.1-02-OAR]

Additional Revised Air Quality Designations for the 2015 Ozone
National Ambient Air Quality Standards: El Paso County, Texas and Weld
County, Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final action revises the initial air quality designations
for two counties associated with two nonattainment areas for the 2015
primary and secondary National Ambient Air Quality Standards (NAAQS)
for ozone. In a July 10, 2020, decision, the District of Columbia
Circuit Court remanded to the Environmental Protection Agency (EPA

or Agency), but did not vacate, the April 30, 2018, designations for 16
counties associated with nine nonattainment areas located in seven
states. In response, the EPA has re-evaluated the designations for the
remanded counties by applying a uniform, nationwide analytical approach
and interpretation of the designation provisions of the Clean Air Act
(CAA) in considering the specific facts and circumstances of the areas
using only data and information available at the time of the original
designations. In this final action, the EPA is revising the boundaries
of two nonattainment areas, affecting the designation status of two
counties in two separate states (Colorado and Texas). The EPA addressed
the 14 additional remanded counties in a previous Federal Register
document.

DATES: The effective date of this rule is December 30, 2021.

ADDRESSES: The EPA has established a public docket for these ozone
designations at https://www.regulations.gov under Docket ID No. EPA-HQ-
OAR-2017-0548. Although listed in the docket index, some information is
not publicly available, e.g., Confidential Business Information or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are currently closed to
the public, with limited exceptions, to reduce the risk of transmitting
COVID-19. The Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
    In addition, the EPA has established a website for the designations
for the 2015 ozone NAAQS at https://www.epa.gov/ozone-designations. The
website includes the EPA's final revised designations action, technical
support documents, revised responses to comments and other related
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, contact Carla Oldham, Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Mail Code C539-01,
Research Triangle Park, N.C. 27711, phone number<PHONE_NUMBER> or by
email at: [email protected]. The following EPA contacts can answer
questions regarding areas affiliated with a particular EPA Regional
office:
    Region 6--Carrie Paige, telephone<PHONE_NUMBER>, email at
[email protected].
    Region 8--Abby Fulton, telephone<PHONE_NUMBER>, email at
[email protected].

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              Regional offices                     Affected state(s)
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EPA Region 6--State Planning &                Texas.
 Implementation Branch, 1201 Elm Street,
 Dallas, Texas 75270.
EPA Region 8--Air Quality Planning Branch,    Colorado.
 1595 Wynkoop Street, Denver, Colorado 80202.
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    Most of the EPA's offices are closed to reduce the risk of
transmitting COVID-19, but staff remain available via telephone and
email. The EPA encourages the public to review information related to
the EPA's final action responding to the July 10, 2020, Court Decision
online at https://www.epa.gov/ozone-designations and in the public
docket at https://www.regulations.gov under Docket ID No. EPA-HQ-OAR-
2017-0548.

SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the health and welfare
concerns they address?
V. What are the CAA requirements for air quality designations?
VI. What is the chronology for this designations action and what
guidance did the EPA provide?
VII. What air quality data has the EPA used to designate the
remanded areas for the 2015 ozone NAAQS?
VIII. What are the ozone air quality classifications and
implementation dates?
IX. Environmental Justice Considerations
X. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
DC District of Columbia
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
ppm Parts per million
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SIP State Implementation Plan
TAR Tribal Authority Rule
TSD Technical Support Document
UMRA Unfunded Mandate Reform Act
U.S. United States
U.S.C. United States Code

II. What is the purpose of this action?

    The purpose of this final action is to announce and promulgate
revised 2015 ozone NAAQS designations for two counties in response to
the July 10, 2020, decision by the District of Columbia Circuit Court
that remanded the counties to the EPA for further consideration. The
affected counties were initially designated on April 30, 2018. The EPA
addressed the 14 additional remanded counties in a previous Federal
Register document (86 FR 31438; June 14, 2021).
    On October 1, 2015, the EPA promulgated revised primary and
secondary NAAQS for ozone (80 FR 6592; October 26, 2015). In that
action, the EPA strengthened both standards to a level of 0.070 parts
per million (ppm), while retaining their indicators, averaging times,
and forms. The EPA revised the ozone standards based on an

integrated assessment of an extensive body of new scientific evidence,
which substantially strengthens our knowledge regarding ozone-related
health and welfare effects, the results of exposure and risk analyses,
the advice of the Clean Air Scientific Advisory Committee and
consideration of public comments.
    The process for designating areas following promulgation of a new
or revised NAAQS is contained in the CAA section 107(d) (42 U.S.C.
7407(d)). After promulgation of a new or revised NAAQS, the CAA
requires the EPA to determine if areas in the country meet the new
standards. Accordingly, the EPA designated all areas of the country as
to whether they met, or did not meet, the NAAQS in three rounds.\1\
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    \1\ The EPA designated areas for the 2015 ozone NAAQS in three
rounds, resulting in 52 nonattainment areas. In Round 1 (82 FR
54232; November 6, 2017), the EPA designated 2,646 counties, two
separate tribal areas and five territories as attainment/
unclassifiable, and one area as unclassifiable. In Round 2 (83 FR
25776; April 30, 2018), the EPA designated 51 nonattainment areas,
one unclassifiable area, and all remaining areas as attainment/
unclassifiable, except for the eight counties in the San Antonio,
Texas area. In Round 3 (83 FR 35136; July 17, 2018), the EPA
designated one county in the San Antonio area as nonattainment and
the other seven counties as attainment/unclassifiable.
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    Several environmental and public health advocacy groups, three
local government agencies, and the state of Illinois filed a total of
six petitions for review challenging the EPA's 2015 ozone NAAQS
designations promulgated on April 30, 2018. The District of Columbia
Circuit Court consolidated the petitions into a single case, Clean
Wisconsin v. EPA, 964 F.3d 1145 (D.C. Cir. 2020). Collectively, the
petitioners challenged aspects of the EPA's final designations for 17
counties associated with nine nonattainment areas. The petitioners
primarily argued that the EPA improperly designated counties (in whole
or part) as attainment that should have been designated as
nonattainment because of contribution to nearby counties with violating
monitors. In its response brief, the EPA requested voluntary remand of
the final designation decisions for 10 counties associated with four
nonattainment areas to further review those designations.
    On July 10, 2020, the District of Columbia Circuit Court granted
the EPA's requests for voluntary remand and also remanded several other
counties (see Clean Wisconsin, 964 F.3d 1145). In total, the Court
remanded back to the EPA 16 counties associated with nine nonattainment
areas. The Court did not vacate the initial April 30, 2018,
designations, but required the EPA to ``issue revised designations as
expeditiously as practicable.'' In response to the Court decision, the
EPA re-evaluated the existing technical record, including data and
information, that was used for the initial April 2018 designations
under a uniform, nationwide analytical approach, to support either
revising or affirming the designations for these remanded counties.
Table 1 summarizes the EPA's revised 2015 ozone NAAQS designations for
the two remanded counties that are addressed in this Federal Register
document. The technical support documents (TSDs) that describe the re-
evaluation of these counties are included in the public docket. The
amended 40 CFR part 81 tables for the revised designations, which
appear in the regulatory tables included at the end of this final rule,
identify the revised designation for the two remanded counties and the
classification for the associated nonattainment areas.

    Table 1--Remand Designations for El Paso County, Texas and Weld County, Colorado for the 2015 Ozone NAAQS
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       Nonattainment area name             Remanded county       April 2018 designation     Remand designation
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El Paso-Las Cruces, Texas-New Mexico   El Paso County, Texas..  Full county attainment.  Full county
 \a\.                                                                                nonattainment.
Denver Metro/North Front Range,        Weld County, Colorado..  Partial county           Full county
 Colorado.                                                       nonattainment.           nonattainment.
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\a\ The EPA is expanding the initially designated Do[ntilde]a Ana County (Sunland Park Area), New Mexico
  nonattainment area to include El Paso County, Texas, and for clarity is renaming the area as the El Paso-Las
  Cruces, Texas-New Mexico nonattainment area.

    For the 14 remanded counties addressed in a previous action, as
discussed further in Sections V and VI of this document, the EPA
exercised its authority to take final action under section 107(d) of
the CAA. For the remaining two remanded counties addressed in this
action (El Paso County, Texas and Weld County, Colorado), a different
process is required. As discussed in Section V of this document, CAA
section 107(d) specifies that whenever the EPA Administrator intends to
make a modification to a state's designation recommendation, the EPA
must notify the state and provide the state with the opportunity to
submit additional information to demonstrate why the EPA's intended
modification is inappropriate. The EPA is required to give the
notification no later than 120 days before promulgating the final
designation, including any modification thereto.
    After re-evaluating the El Paso County, Texas and Weld County,
Colorado areas in response to the court remand, the EPA notified Texas
and Colorado of the Agency's intent to make modifications to the state
recommendations for those two counties and conducted the required 120-
day notification process. CAA section 107(d)(1)(B)(ii). The EPA also
sent a letter to New Mexico notifying that state of the EPA's intended
modification of Texas's attainment recommendation that would expand the
boundary of the existing Do[ntilde]a Ana County (Sunland Park Area), NM
nonattainment area to include El Paso County, TX and, thus, become a
multi-state nonattainment area. The EPA also issued a notice of
availability for these letters and offered a public comment period (86
FR 31460; June 14, 2021).

III. What is ozone and how is it formed?

    Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines, and smaller sources, collectively
referred to as area sources. Ozone is predominately a summertime air
pollutant. However, high ozone concentrations have also been observed
in cold months, where a few areas in the Western United States (U.S.)
have experienced high levels of local VOC and NOX emissions
that have formed ozone when snow is on the ground and temperatures are
near or below freezing. Ozone and ozone precursors can be transported
to an area from sources in nearby areas or from

sources located hundreds of miles away. For purposes of determining
ozone nonattainment area boundaries, the CAA requires the EPA to
include areas that contribute to nearby violations of the NAAQS.

IV. What are the 2015 ozone NAAQS and the health and welfare concerns
they address?

    On October 1, 2015, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.070 ppm (annual fourth-highest daily
maximum 8-hour average concentration, averaged over 3 years).\2\ The
level of the ozone NAAQS previously set in 2008 is 0.75 ppm. The 2015
ozone NAAQS retain the same general form and averaging time as the 2008
ozone NAAQS.
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    \2\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year, 8-hour average and 40
CFR part 50, Appendix U.
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    The primary ozone standards provide protection for children, older
adults, and people with asthma or other lung diseases, and other at-
risk populations against an array of adverse health effects that
include reduced lung function, increased respiratory symptoms and
pulmonary inflammation; effects that contribute to emergency department
visits or hospital admissions; and mortality. The secondary ozone
standards protect against adverse effects to the public welfare,
including those related to impacts on sensitive vegetation and forested
ecosystems.

V. What are the CAA requirements for air quality designations?

    After the EPA promulgates a new or revised NAAQS, the EPA is
required to designate all areas in the country as nonattainment,
attainment, or unclassifiable, for that NAAQS pursuant to section
107(d)(1)-(2) of the CAA. Section 107(d)(1)(A)(i) of the CAA defines a
nonattainment area as an area that does not meet the NAAQS or that
contributes to a nearby area that does not meet the NAAQS. An
attainment area is defined by the CAA as any area that meets the NAAQS
and does not contribute to any nearby areas that do not meet the NAAQS.
Unclassifiable areas are defined by the CAA as those that cannot be
classified on the basis of available information as meeting or not
meeting the NAAQS.
    Historically for ozone, the EPA has designated most areas that do
not meet the definition of nonattainment as unclassifiable/attainment.
This category includes areas that have air quality monitoring data
meeting the NAAQS and areas that do not have monitors but for which the
EPA has no evidence that the areas may be violating the NAAQS or
contributing to a nearby violation. In the designations for the 2015
ozone NAAQS, the EPA reversed the order of the label to attainment/
unclassifiable to better convey the definition of the designation
category and to more easily distinguish the category from the separate
unclassifiable category. In a few instances, based on circumstances
where some monitoring data are available but are not sufficient for a
determination that an area is or is not attaining the NAAQS, the EPA
has designated an area as unclassifiable.
    The EPA notes that CAA section 107(d) provides the Agency with
discretion to determine how best to interpret the terms in the
definition of a nonattainment area (e.g., ``contributes to'' and
``nearby'') for a new or revised NAAQS, given considerations such as
the nature of a specific pollutant, the types of sources that may
contribute to violations, the form of the standards for the pollutant,
and other relevant information. In particular, the EPA's position is
that the statute does not require the Agency to establish bright line
tests or thresholds for what constitutes ``contribution'' or ``nearby''
for purposes of designations.\3\
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    \3\ This view was confirmed in Catawba County v. EPA, 571 F.3d
20 (D.C. Cir. 2009).
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    Similarly, the EPA's position is that the statute permits the EPA
to evaluate the appropriate application of the term ``area'' to include
geographic areas based upon full or partial county boundaries, as may
be appropriate for a particular NAAQS. For example, CAA section
107(d)(1)(B)(ii) explicitly provides that the EPA can make
modifications to designation recommendations for an area ``or portions
thereof,'' and under CAA section 107(d)(1)(B)(iv) a designation remains
in effect for an area ``or portion thereof'' until the EPA redesignates
it.
    Section 107(d)(1)(B) of the CAA requires the EPA to issue initial
area designations within 2 years of promulgating a new or revised
NAAQS. However, if the Administrator has insufficient information to
make these designations within that time frame, the EPA has the
authority to extend the deadline for designation decisions by up to 1
additional year.
    By no later than 1 year after the promulgation of a new or revised
NAAQS, CAA section 107(d)(1)(A) provides that each state governor shall
recommend air quality designations, including the appropriate
boundaries for areas, to the EPA. The EPA reviews those state
recommendations and is authorized to make any modifications the
Administrator deems necessary. The statute does not define the term
``necessary,'' but the EPA interprets this to authorize the
Administrator to modify designation recommendations that are
inconsistent with the statutory language, including modification of
recommended boundaries for nonattainment areas that are not supported
by the facts or analysis. If the EPA intends to modify a state's
recommendation, section 107(d)(1)(B) of the CAA requires the EPA to
notify the state of any such intended modifications not less than 120
days prior to the EPA's promulgation of the final designation. These
notifications are commonly known as the ``120-day letters.'' During
this period, if the state does not agree with the EPA's proposed
modification, it has an opportunity to respond to the EPA and to
demonstrate why it believes the modification proposed by the EPA is
inappropriate. If a state fails to provide any recommendation for an
area, in whole or in part, the EPA must promulgate a designation that
the Administrator deems appropriate, pursuant to CAA section
107(d)(1)(B)(ii).
    Section 301(d) of the CAA authorizes the EPA to approve eligible
Indian tribes to implement provisions of the CAA on Indian reservations
and other areas within the tribes' jurisdiction. The Tribal Authority
Rule (TAR) (40 CFR part 49), which implements section 301(d) of the
CAA, sets forth the criteria and process for tribes to apply to the EPA
for eligibility to administer CAA programs. The designations process
contained in section 107(d) of the CAA is included among those
provisions determined to be appropriate by the EPA for treatment of
tribes in the same manner as states. Under the TAR, tribes generally
are not subject to the same submission schedules imposed by the CAA on
states. As authorized by the TAR, tribes may seek eligibility to submit
designation recommendations to the EPA.

VI. What is the chronology for this designations action and what
guidance did the EPA provide?

    On February 25, 2016, the EPA issued guidance for states and tribal
agencies to use for purposes of making designation recommendations as
required by CAA section 107(d)(1)(A). (See February 25, 2016,
memorandum from Janet G. McCabe, Acting Assistant Administrator, to
Regional Administrators, Regions 1-10, titled, ``Area Designations for
the 2015 Ozone National Ambient Air Quality Standards'' (Designations
Guidance)). The Designations Guidance provided

the anticipated timeline for designations and identified important
factors that the EPA recommended states and tribes consider in making
their recommendations and that the EPA intended to consider in
promulgating designations. These factors include air quality data,
emissions and emissions-related data, meteorological data, geography/
topography, and jurisdictional boundaries. In the Designations
Guidance, the EPA asked that states and tribes submit their designation
recommendations, including appropriate area boundaries, to the EPA by
October 1, 2016. The EPA had previously issued two guidance memoranda
related to designating areas of Indian country that also apply for
designations for the 2015 ozone NAAQS.
    See December 20, 2011, memorandum from Stephen D. Page, Director,
Office of Air Quality Planning and Standards, to Regional Air
Directors, Regions I-X, titled, ``Policy for Establishing Separate Air
Quality Designations for Areas of Indian Country,'' (Tribal
Designations Guidance) and December 20, 2011, memorandum from Stephen
D. Page, Director, Office of Air Quality Planning and Standards, to
Regional Air Directors, Regions I-X, titled, ``Guidance to Regions for
Working with Tribes during the National Ambient Air Quality Standards
(NAAQS) Designations Process.'' In the Designation Guidance, the EPA
indicated the Agency expected to complete the initial designations for
the 2015 ozone NAAQS on a 2-year schedule, by October 1, 2017,
consistent with CAA 107(d)(1)(B)(i).
    On November 6, 2017, the EPA designated as attainment/
unclassifiable 2,646 counties,\4\ including tribal lands within those
counties, for which the states recommended a designation of attainment
or attainment/unclassifiable. This represents approximately 85 percent
of the counties in the U.S. The EPA also designated a three-county area
in Washington as unclassifiable as recommended by the state. Consistent
with the EPA's Tribal Designation Guidance, the EPA designated two
areas of Indian country (Fond du Lac Band of Lake Superior Chippewa
Indians and Forest County Potawatomi Community) as separate attainment/
unclassifiable areas.
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    \4\ Any reference to ``counties'' in this action also includes
non-county administrative or statistical areas that are comparable
to counties. Louisiana parishes; the organized boroughs of Alaska;
the District of Columbia; and the independent cities of the states
of Virginia, Maryland, Missouri, and Nevada are equivalent to
counties for administrative purposes. Alaska's Unorganized Borough
is divided into 10 census areas that are statistically equivalent to
counties. As of 2017, there are currently 3,142 counties and county-
equivalents in the United States.
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    On or about December 22, 2017, the EPA sent 120-day letters to
Governors and tribal leaders notifying them of the EPA's preliminary
response to their designation recommendations for all areas of the
country not designated in the November 2017 action, with the exception
of eight counties in the San Antonio, Texas metropolitan area. For the
areas addressed in the 120-day letters, the EPA requested that states
and tribes submit any additional information that they wanted the EPA
to consider in making final designation decisions by February 28, 2018,
including any certified 2017 air quality monitoring data.
    Although not required by section 107(d)(2)(B) of the CAA, the EPA
also provided a 30-day public comment period on the designation
recommendations from states and tribes and the EPA's intended
designations addressed in the 120-day letters to states and tribes. The
EPA announced the public comment period in the Federal Register on
January 5, 2018 (83 FR 651). On April 30, 2018, the EPA finalized
designations for the areas addressed in the December 2017 120-day
letter responses to states and tribes.
    In response to the Clean Wisconsin court decision relating to that
April 30, 2018, action, the EPA has again applied a uniform, nationwide
analytical approach and interpretation of CAA section 107(d)(1) to
these areas across the country and reviewed the state and tribal
responses and public comments, as well as reviewed the court decision
itself, in the Agency's decision to revise certain designations
remanded by the court. Comments from the states, tribes and the public,
and the EPA's updated responses to significant comments, are also
available in the docket along with the individual TSDs for areas with
associated remanded counties.
    In the Clean Wisconsin decision, the D.C. Circuit directed the EPA
to complete a process to revise, as appropriate, its April 2018
designations for the remanded counties ``as expeditiously as
practicable.'' The CAA does not require the EPA to follow a specific
process when final designations are remanded to the Agency. The EPA's
final action reflects a reasonable interpretation of the CAA section
107(d) requirements, particularly given the court's direction.
    Under CAA section 107(d)(2)(B), the EPA is not required to provide
an Administrative Procedure Act (APA) public comment period for
designations actions. CAA section 107(d)(1)(B)(ii) lays out a
particular process when the EPA disagrees with a state's recommended
designations. In particular, the Administrator must provide the state
with 120 days to demonstrate why any proposed modifications to the
state's recommendation are inappropriate. The EPA notified Texas and
Colorado on or about May 24, 2021, that the Agency intended to modify
the states' recommendations and provided intended designations
revisions. Although not required by section 107(d)(2)(B) of the CAA,
the EPA also provided a 30-day public comment period on the designation
recommendations from Texas and Colorado and the EPA's intended
designations revisions addressed in the 120-day letters.

VII. What air quality data has the EPA used to designate the remanded
areas for the 2015 ozone NAAQS?

    For the two remanded counties and associated nonattainment areas
addressed in this action, as well the 14 remanded counties addressed in
a previous action, the EPA has re-evaluated the designations under a
uniform, nationwide analytical approach in considering the specific
facts and circumstances of the areas using data and information
available at the time of the April 30, 2018, final designations action.
The EPA has primarily based the revised final ozone designations in
this action on air quality monitoring data from the years 2014-2016,
which were the most recent data that states were required to certify at
the time the EPA notified states of its intended designations and any
intended modifications to their recommendations in December 2017. Under
40 CFR 58.16, states are required to report all monitored ozone air
quality data and associated quality assurance data within 90 days after
the end of each quarterly reporting period, and under 40 CFR
58.15(a)(2), states are required to submit annual summary reports and a
data certification letter to the EPA by May 1 for ozone air quality
data collected in the previous calendar year. Thus, at the time of the
120-day letters, the most recent certification obligation was for air
quality data from 2016. In the 120-day notification letters to states,
the EPA indicated that for the EPA to consider air quality data for the
period 2015-2017 in the final designation decisions for any area, a
state must submit certified, quality assured 2015-2017 air quality
monitoring data for the area to the EPA by February 28, 2018. Colorado,
Texas, and New Mexico did not choose to submit early certified air
quality

monitoring data. Therefore, the April 30, 2018 initial designations for
these states were based on air quality data from 2014-2016.
    The EPA's reliance on only information available at the time of the
April 30, 2018, designations action to support the revised designations
in this Federal Register document is reasonable in light of the
circumstances. The CAA does not specify what data the Agency must rely
on in re-promulgating designations upon remand from a court. As such,
the EPA's reasonable reliance on data available on April 30, 2018,
reflects the EPA's dedication to national consistency and the specific
direction of the court in Clean Wisconsin: ``to issue revised
designations as expeditiously as practicable'' in responding to the
remand.\5\
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    \5\ Clean Wisconsin, 964 F.2d at 1176.
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    Section 107(d) of the CAA lays out a particular timeline for
designations decisions to be made, triggered from the promulgation date
of a NAAQS. For the 2015 ozone NAAQS, the designation of every area of
the country, apart from those remanded to the Agency, relied on the
existing record.\6\ As the D.C. Circuit stated in previous cases
reviewing the EPA's designations decisions, ``inconsistency is the
hallmark of arbitrary agency action.'' \7\ Relying on the data
available to the Agency at the time of the April 2018 designations
action would prevent inconsistent treatment between the remanded
counties and every other area of the country.
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    \6\ As is discussed earlier in this section, almost every
designation relied on monitored 2014-2016 design values. The few
exceptions were for states that early-certified 2015-2017 data in
accordance with the Designation Guidance.
    \7\ Catawba County v. EPA, 571 F.3d 20, 51 (D.C. Cir. 2009); see
also Mississippi Comm'n v. EPA, 790 F.3d 138, 160 (D.C. Cir. 2015).
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    In addition, both our previous action responding to the Court
remand for 14 counties and this action expand the boundaries of
existing nonattainment areas but do not create any new nonattainment
areas. If it is important to treat areas across the country
consistently, it is that much more important that the EPA treat
different portions of the same nonattainment area consistently. The EPA
received some comments on this approach; further explanation for the
EPA's decision to rely on the data available on April 30, 2018, appears
in the EPA's Response to Comments document, available in the electronic
docket for this action (www.regulations.gov, docket number EPA-HQ-OAR-
2017-0548) and at the EPA's Ozone Designations web page (https://www.epa.gov/ozone-designations).
    The D.C. Circuit's direction to act ``as expeditiously as
practicable'' also weighs in favor of using information available on
April 30, 2018. Gathering and analyzing new data would necessarily have
taken longer, because much of the data the EPA generally relies upon in
its designations decision-making process is obtained outside the
Agency, including from states.

VIII. What are the ozone air quality classifications and implementation
dates?

    In accordance with CAA section 181(a)(1), each area designated as
nonattainment for the ozone NAAQS is classified by operation of law
when designated by the EPA. Under Subpart 2 of part D of title I of the
CAA, state planning and emissions control requirements for ozone are
determined, in part, by a nonattainment area's classification. The
ozone nonattainment areas are classified based on the severity of their
ozone levels (as determined based on the area's ``design value,'' which
represents air quality in the area for the most recent 3 years).\8\ The
possible classifications are Marginal, Moderate, Serious, Severe, and
Extreme. Nonattainment areas with a ``lower'' classification have ozone
levels that are closer to the standard than areas with a ``higher''
classification. Areas in the lower classification levels have fewer
and/or less stringent mandatory air quality planning and control
requirements than those in higher classifications. On March 9, 2018 (83
FR 10376), the EPA published the Classifications Rule that establishes
how the statutory classifications will apply for the 2015 ozone NAAQS,
including the air quality thresholds for each classification category.
Each nonattainment area's design value, based on the then-most recent 3
years of certified air quality monitoring data, is used to establish
the classification for the area.
---------------------------------------------------------------------------

    \8\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
average ozone concentration. See 40 CFR part 50, Appendix U.
---------------------------------------------------------------------------

    The regulatory tables included at the end of this action for the
Denver Metro/North Front Range, CO nonattainment area and the El Paso-
Las Cruces, TX-NM nonattainment area provide the classification for the
designated nonattainment area for the 2015 ozone NAAQS based on the
design value for the area and the classification thresholds established
in the Classification Rule. Both of these areas addressed in this
Federal Register document are Marginal nonattainment areas.
    As established in the final implementing regulations for the 2015
ozone NAAQS, nonattainment areas (including the areas subject to this
final action) shall attain the 2015 standards as expeditiously as
practicable but not later than the dates provided in Table 1 of 40 CFR
51.1303(a) expressed in years after the effective date of area
designations, which was August 3, 2018 (83 FR 25776; June 4, 2018). The
resulting attainment date for Marginal areas is not later than 3 years
from the designation effective date, or August 3, 2021. Further, states
with Marginal nonattainment areas have 2 years from the effective date
of designation to submit state implementation plan (SIP) revisions
addressing emissions inventories (required by CAA section 182(a)(1))
and emissions statement regulations (CAA section 182(a)(3)(B)) (83 FR
62998, 63000; December 6, 2018). See also 40 CFR 51.1315. The resulting
emissions inventory and emissions statement SIP revisions were due
August 3, 2020. The August 3, 2021, Marginal area attainment date still
applies for the areas subject to this final action, inclusive of the
revised nonattainment boundaries. As with the other 14 remanded
counties, the August 3, 2020, SIP submission requirements apply to the
entirety of Weld County, Colorado. The EPA expects states with areas
subject to this final action to work with their respective EPA Regional
office to submit any necessary supplements or revisions to fulfill the
Marginal area SIP revision requirements associated with the
nonattainment boundaries in this final action as expeditiously as
practicable.
    However, the EPA recognizes that Texas is in a unique position
among the states affected by the D.C. Circuit's remand. For all of the
other nonattainment area boundaries modified either in this document or
in the previous action (86 FR 31438; June 14, 2021) in response to the
court's decision, the relevant states already had counties or portions
of counties as a part of those nonattainment areas, and thus already
had an August 3, 2020, deadline to submit SIPs meeting the requirements
for a Marginal nonattainment area. However, no portion of Texas was
already designated nonattainment as a part of the Do[ntilde]a Ana, New
Mexico area; as such, Texas had no notice that it should prepare a
Marginal area SIP submission for that area. Given the lack of prior
notice, the EPA believes it is reasonable to provide Texas with a
deadline of December 30, 2022 to

submit a SIP submission that meets all the Marginal nonattainment area
planning requirements for the newly expanded El Paso-Las Cruces Texas-
New Mexico nonattainment area. See CAA section 301(a)(1).
    Setting a separate deadline for El Paso's SIP submission is not at
odds with the EPA's decision to keep a consistent attainment date for
the entirety of the El Paso-Las Cruces Texas-New Mexico nonattainment
area, or CAA section 182(j). The CAA requires that states take
``reasonable'' steps to coordinate planning efforts for joint
nonattainment areas. Providing additional time to allow Texas to make a
Marginal area submission will not interfere, and could better serve,
future coordination on planning efforts for the entire nonattainment
area. Other parts of the CAA also provide support for this final
action's decisions regarding attainment dates and SIP submission
deadlines. Section 182(i) of the CAA allows the Administrator to adjust
SIP deadlines but not attainment dates upon mandatory reclassification
of certain ozone nonattainment areas. In addition, areas subject to
Marginal area requirements are not required to ``plan'' for attainment
in the same way as areas classified Moderate and above. The primary
substantive obligations associated with a Marginal classification are
the requirement to submit an emissions inventory and the requirement
that new sources in the area must implement nonattainment new source
review. Neither requirement is integrally related to attainment
planning--they are not submitted to demonstrate how the area will
attain or make reasonable further progress towards attainment, and they
are not suspended if the area is attaining.
    Setting a reasonable future deadline for SIP submissions is
consistent with the EPA's past practice and D.C. Circuit precedent. On
January 4, 2013, the D.C. Circuit remanded the EPA's 2007
PM2.5 Implementation Rule,\9\ finding that the EPA had
applied the incorrect set of implementation provisions within the CAA,
including a series of deadlines for SIP submissions.\10\ Upon remand,
the deadlines that should have applied to the relevant areas were in
the past. Given that, the EPA took final action in 2014 to set up
``relatively brief but reasonable'' deadlines for required SIP
submissions. While the action changed the submission deadlines, it also
left in place the attainment dates that had occurred in the past for
the relevant nonattainment areas. Petitioners challenged the EPA's rule
establishing future SIP submittal deadlines on the basis that the CAA
established SIP submittal deadlines, those should have applied based on
the D.C. Circuit's earlier decision, and the EPA lacked discretion to
change those deadlines. The EPA's rule establishing new, future SIP
submittal deadlines in this circumstance was upheld by the D.C. Circuit
in WildEarth Guardians v. EPA, 830 F.3d 529 (D.C. Cir. 2016) (finding
that the EPA acted within its authority in novel circumstances where a
SIP submission deadline passed without states' awareness due to a
remanded action).
---------------------------------------------------------------------------

    \9\ Final Clean Air Fine Particle Implementation Rule, 72 FR
20585 (April 25, 2007).
    \10\ Identification of Nonattainment Classification and
Deadlines for Submission of State Implementation Plan (SIP)
Provisions for the 1997 Fine Particle (PM2.5) National
Ambient Air Quality Standard (NAAQS) and 2006 p.m.2.5 NAAQS, 79 FR
31,566 (June 2, 2014).
---------------------------------------------------------------------------

    The EPA recognizes that the Agency did not specifically provide
notice in its June 14, 2021 intended designations that Texas's Marginal
area SIP submission deadlines would be extended from August 3, 2020 to
December 30, 2022. However, as discussed in the previous section, under
CAA section 107(d)(2)(B), designations actions are specifically
exempted from the notice and comment requirements of the APA. See CAA
section 172(b) (requiring the Administrator to establish a schedule for
SIP requirements at the time the Administrator promulgates a
nonattainment designation). In addition, the Agency did not specify
what deadline would apply, and numerous commenters addressed the issue
in comments, suggesting that the Agency in fact provided enough notice
on the issue that it is appropriate to finalize without additional
notice. As such, the EPA does not believe that a more specific notice
was necessary to extend Texas's SIP submission deadlines.
    Even if additional notice were required, the EPA would have good
cause to waive such a requirement to finalize an extension of Texas's
SIP submission deadlines for the revised additional portion of the El
Paso-Las Cruces TX-NM nonattainment area, as providing an additional
notice and comment period would be impracticable and contrary to the
public interest. See APA Section 553(b)(B). Upon the effective date of
this final action, without a finalized extension of Texas's SIP
deadline, the EPA would immediately be vulnerable to deadline
litigation for the Agency's failure to issue findings of failure to
submit under CAA section 107(k)(1)(B)--for a state that until today was
not required to submit anything to the Agency. And, the Agency does not
have time, given the deadlines for other statutorily-required actions
and the Clean Wisconsin court's direction for the EPA to act as
expeditiously as practicable, to wait to finalize these revised
designations for a full notice-and-comment process on this lone issue,
which is a small part of a large and complex series of Agency actions.
Further, a specific, brief, and reasonable deadline set in the future
provides the state and stakeholders with certainty and the ability to
develop and submit the SIP revisions at issue on a timely basis, rather
than complications and potential mandatory duty deadline suit
litigation that could ensue if the EPA established a submittal deadline
that had already lapsed.

IX. Environmental Justice (EJ) Considerations

    Consideration of EJ concerns is consistent with an Administrator
directive and presidential executive orders. On April 7, 2021, the
Administrator directed the EPA offices to take immediate and
affirmative steps to incorporate EJ considerations into the regulatory
development processes.\11\ The EPA has defined environmental justice as
``the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation and enforcement of environmental laws,
regulations and policies.'' \12\ The Administrator's directive came as
part of implementing the Biden-Harris Administration's executive order
(E.O. 13985, 86 FR 7009, January 25, 2021) directing all federal
agencies to embed equity into their programs and services to ensure the
consistent and systematic fair, just, and impartial treatment of all
individuals, including those who belong to underserved communities that
have been denied such treatment.\13\ E.O. 13985 defines the term
``underserved communities'' as referring to populations sharing a
particular characteristic, as well as geographic communities, that have
been systematically denied a full opportunity to participate in aspects
of economic,

social, and civic life. The new E.O. 13985 is an update to E.O. 12898
(``Federal Actions To Address Environmental Justice in Minority
Populations and Low-Income Populations,'' 59 FR 7629, February 16,
1994) that directed federal agencies to focus on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities.\14\ Finally, in a subsequent executive order addressing
the global climate crisis (E.O. 14008), the Biden-Harris Administration
formalized their commitment to make EJ a part of the mission of every
agency by directing federal agencies to develop programs, policies, and
activities to address the disproportionate health, environmental,
economic, and climate impacts on disadvantaged communities.\15\
---------------------------------------------------------------------------

    \11\ Message from the EPA Administrator, Our Commitment to
Environmental Justice (issued April 7, 2021) at https://www.epa.gov/sites/production/files/2021-04/documents/regan-messageoncommitmenttoenvironmentaljustice-april072021.pdf.
    \12\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
    \13\ ``Executive Order on Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government'' (E.O.
13985, issued January 20, 2021) at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
    \14\ See https://www.epa.gov/sites/production/files/2015-02/documents/exec_order_12898.pdf.
    \15\ ``Executive Order on Tackling the Climate Crisis at Home
and Abroad'' (E.O. 14008, issued January 27, 2021) at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
---------------------------------------------------------------------------

    When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. This action for El Paso County, Texas
and Weld County, Colorado, revises certain designation determinations
for the 2015 ozone NAAQS that were identified in the July 10, 2020,
court remand. Since these two areas have air quality that do not meet
the NAAQS, or have been determined to contribute emissions to such
areas, the CAA requires relevant state authorities to initiate
appropriate air quality management actions to ensure that all those
residing, working, attending school, or otherwise present in those
areas are protected, regardless of minority and economic status.
    As part of this area designation action, the EPA evaluated a number
of EJ issues, including the demographics of the impacted area, higher
susceptibility in response to pollution exposure, and capacity to
participate in decision making, as described in this section.
Specifically, the EPA analyzed certain key demographics for both El
Paso County, Texas, and Weld County Colorado, as part of the EJ
evaluation conducted for this rulemaking effort. Additionally, the EPA
provided the public with information about the air quality in the
relevant areas of the country and provided adequate opportunity for
public comment on the EPA's proposal.
    Demographics of impacted area. The EPA evaluated the 2019 census
data available for El Paso County, Texas and Weld County, Colorado to
identify key demographic indicators. These include the percent of the
population identifying as people of color \16\ as well as the percent
of the population identifying as low income.\17\ In El Paso County,
Texas,\18\ 91.1 percent of the population identify as people of color
(mostly as Hispanic or Latino) and 18.8 percent identify as low income.
By comparison, 39.7 percent of the population of the state of Texas and
18.5 percent of the nation identify as Hispanic or Latino. In Weld
County, Colorado,\19\ 37.6 percent of the population identify as people
of color and 8.4 percent of the population identify as low income.\20\
---------------------------------------------------------------------------

    \16\ By percent identifying as people of color we mean the
percent of individuals in a block group who list their racial status
as a race other than white alone and/or list their ethnicity as
Hispanic or Latino. That is, all people other than non-Hispanic
white-alone individuals. The word ``alone'' in this case indicates
that the person is of a single race, not multiracial. Source: The
Census Bureau's American Community Survey 5-year summary estimates.
    \17\ Following the Office of Management and Budget's (OMB)
Statistical Policy Directive 14, the Census Bureau uses a set of
money income thresholds that vary by family size and composition to
determine who is in poverty. If a family's total income is less than
the family's threshold, then that family and every individual in it
is considered in poverty. The official poverty thresholds do not
vary geographically, but they are updated for inflation using
Consumer Price Index (CPI-U). The official poverty definition uses
money income before taxes and does not include capital gains or
noncash benefits (such as public housing, Medicaid, and food
stamps). Source: How the Census Bureau Measures Poverty.
    \18\ The Census Bureau population estimate on July 1, 2019, for
El Paso County, Texas from which this data derives was 839,238.
    \19\ The Census Bureau population estimate on July 1, 2019, for
Weld County, Colorado from which this data derives was 324,492.
    \20\ The percent of individuals in a block group who list their
racial status as a race other than white alone and/or list their
ethnicity as Hispanic or Latino. That is, all people other than non-
Hispanic white-alone individuals. The word ``alone'' in this case
indicates that the person is of a single race, not multiracial.
Source: The Census Bureau's American Community Survey 5-year summary
estimates.
---------------------------------------------------------------------------

    Higher susceptibility in response to pollution exposure. As
discussed in the EPA's EJ Technical Guidance, people of color, low-
income populations, and indigenous peoples often experience greater
exposure and disease burdens than the general population as a whole,
which can increase their susceptibility to adverse health effects from
environmental stressors.\21\ We recognize also that underserved
communities can experience reduced access to health care, nutritional,
and fitness resources, further increasing their susceptibility. People
susceptible to the effects of degraded ambient air include people with
asthma, children, older adults, and people who are active outdoors,
especially outdoor workers. The resulting adverse respiratory effects
can include, e.g., difficulty in breathing, airway inflammation and
damage, aggravation of lung diseases, and increased frequency of asthma
attacks.\22\ Exposure to elevated concentrations of nitrogen dioxide (a
type of NOX compound and ozone precursor) can produce
similar adverse health effects to ozone.\23\ VOC emissions can include
listed Hazardous Air Pollutants (HAPs) that cause or may cause serious
health problems such as cancer, and noncancer effects on the lungs and
other parts of the respiratory system; on the immune, nervous and
reproductive systems; and to organs such as the heart, liver and
kidneys.\24\
---------------------------------------------------------------------------

    \21\ ``Technical Guidance for Assessing Environmental Justice in
Regulatory Analysis,'' Section 4 (June 2016) at https://www.epa.gov/sites/production/files/2016-06/documents/ejtg_5_6_16_v5.1.pdf.
    \22\ See https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution.
    \23\ See https://www.epa.gov/no2-pollution/basic-information-about-no2.
    \24\ See https://www.epa.gov/national-air-toxics-assessment/nata-frequent-questions#background1.
---------------------------------------------------------------------------

    Capacity to participate in decision making. The inability to
participate in the environmental decision-making process may contribute
to disproportionate adverse impacts for underserved communities.
Obstacles to participation may include lack of trust; availability or
lack of information; language barriers and other socio-cultural issues;
inability to access available communication channels; and limited
capacity to access technical and legal resources.
    On June 14, 2021, the EPA published a Notice of Availability in the
Federal Register, providing EPA's intended designations for the
remanded El Paso and Weld Counties and provided a 30-day public comment
period. The EPA received comments from a wide range of stakeholders to
include small business, industry, environmental groups, governmental
planning agencies, county commissioners and the public at large from
both areas. All comments received and responses are in the docket for
this action.

X. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget because it responds to the CAA

requirement to promulgate air quality designations after promulgation
of a new or revised NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There was one Federally
Recognized Tribe that was potentially affected by this action, the
Ysleta del Sur Pueblo. Consistent with the EPA Policy on Coordination
and Consultation with Indian Tribes, by letter dated May 26, 2021, the
EPA offered the Ysleta del Sur Pueblo the opportunity for consultation
and informed the tribe of the designations process and the intended
designation for El Paso County, TX. The tribe did not request any
consultation.

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

    The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section IX of this
preamble, ``Environmental Justice Concerns.''

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

L. Judicial Review

    Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the Court of Appeals for the District of
Columbia Circuit: (i) When the Agency action consists of ``nationally
applicable regulations promulgated, or final action taken, by the
Administrator,'' or (ii) when such action is locally or regionally
applicable, ``if such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.'' For
locally or regionally applicable final actions, the CAA reserves the
EPA complete discretion whether to invoke the exception in (ii).
    This final action designating areas for the 2015 ozone NAAQS is
``nationally applicable'' within the meaning of CAA section 307(b)(1).
In the alternative, to the extent a court finds this action to be
locally or regionally applicable, the Administrator is exercising the
complete discretion afforded to him under the CAA to make and publish a
finding that this action is based on a determination of ``nationwide
scope or effect'' within the meaning of CAA section 307(b)(1).\25\ This
final action establishes designations for two areas across the U.S. for
the 2015 ozone NAAQS, located in two states, in two EPA regions, and in
two different federal judicial circuits.\26\ This final action applies
a uniform, nationwide analytical method and interpretation of CAA
section 107(d)(1) to these areas across the country in a single final
action, and the final action is based on this common core of
determinations. More specifically, this final action is based on a
determination by the EPA to evaluate areas nationwide under a common
five factor analysis in determining whether areas were in violation of
or contributing to an area in violation of the 2015 ozone NAAQS at the
time of the April 2018 designations final action. For example, the
EPA's revised designations are based on a determination by the EPA to
reconsider the information and data in the record and available at the
time of the designations action signed April 2018, rather than
considering newer air quality information.
---------------------------------------------------------------------------

    \25\ In deciding whether to invoke the exception by making and
publishing a finding that this final action is based on a
determination of nationwide scope or effect, the Administrator has
also taken into account a number of policy considerations, including
his judgment balancing the benefit of obtaining the D.C. Circuit's
authoritative centralized review versus allowing development of the
issue in other contexts and the best use of Agency resources.
    \26\ In the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that the ``nationwide scope or effect'' exception
applies would be appropriate for any action that has a scope or
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    For these reasons, this final action is nationally applicable or,
alternatively, the Administrator is exercising the complete discretion
afforded to him by the CAA and hereby finds that this final action is
based on a determination of nationwide scope or effect for purposes of
CAA section 307(b)(1) and is hereby publishing that finding in the
Federal

Register. Under section 307(b)(1) of the CAA, any petitions for review
of this final action must be filed in the U.S. Court of Appeals for the
District of Columbia Circuit within 60 days from the date this final
action is published in the Federal Register. Filing a petition for
reconsideration by the Administrator of these final actions does not
affect the finality of the actions for the purposes of judicial review,
nor does it extend the time within which a petition for judicial review
must be filed and shall not postpone the effectiveness of such actions.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR
part 81 as follows:

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.306, the table titled ``Colorado--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by:
0
a. Under the heading ``Denver Metro/North Front Range, CO'' removing
the entry for ``Weld County (part)'' and adding in its place an entry
for ``Weld County'';
0
b. Removing the entry ``Weld County (part) remainder'' after the entry
for ``Washington County''.
    The addition reads as follows:

Sec.  81.306  Colorado.

* * * * *

                                        Colorado--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        Date \2\                 Type             Date \2\           Type
----------------------------------------------------------------------------------------------------------------
Denver Metro/North Front Range,   ...................  Nonattainment..........  ...........  Marginal.
 CO.

                                                  * * * * * * *
    Weld County.................  December 30, 2021
                                   \3\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
  designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
  this additional area is part of a previously designated nonattainment area, the associated implementation
  dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged
  regardless of this later designation date.

* * * * *

0
3. In Sec.  81.332, the table titled ``New Mexico--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by removing the entry
``Do[ntilde]a Ana County (Sunland Park Area), NM'' and adding the entry
``El Paso-Las Cruces, TX-NM'' in its place to read as follows:

Sec.  81.332  New Mexico.

* * * * *

                                       New Mexico--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        Date \2\                 Type             Date \2\           Type
----------------------------------------------------------------------------------------------------------------
El Paso-Las Cruces, TX-NM.......  ...................  Nonattainment..........  ...........  Marginal.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *

0
4. In Sec.  81.344, the table titled ``Texas--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'' is amended as follows:
0
a. Adding the entry ``El Paso-Las Cruces, TX-NM'' above the entry
``Houston-Galveston-Brazoria, TX'';
0
b. Adding the entry ``El Paso County'' under the new entry ``El Paso-
Las Cruces, TX-NM'';
0
c. Under the entry ``Rest of State'' removing the entry ``El Paso
County''.
    The revisions and addition read as follows:

Sec.  81.344  Texas.

* * * * *

                                         Texas--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        Date \2\                 Type             Date \2\           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
El Paso-Las Cruces, TX-NM.......  ...................  Nonattainment..........  ...........  Marginal.
    El Paso County..............  December 30, 2021
                                   \3\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
  designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
  this additional area is part of a previously designated nonattainment area, the associated August 3, 2021
  attainment date remains unchanged regardless of this later designation date. EPA established a later state
  implementation plan submission date for El Paso County.

* * * * *
[FR Doc. 2021-25451 Filed 11-29-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38395-38397]
[FR Doc No: 2021-15338]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92403; File No. SR-FINRA-2021-018]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Make Technical and Other Non-Substantive
Changes Within FINRA Rules

July 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 6, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires a
self-regulatory organization to give the Commission written notice
of its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. FINRA
has satisfied this requirement.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to make technical and other non-substantive
changes within FINRA rules.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

Schedule A to the By-Laws of the Corporation

* * * * *

IM-Section 4(b)(1) and (e) Exemption From Certain Registration and
Membership Application Fees for Certain NYSE and NYSE [Alternext
US]American LLC Member Organizations

    NYSE and NYSE [Alternext US]American LLC member organizations that
become members of FINRA pursuant to IM-1013-1 and IM-1013-2,
respectively, shall not be assessed the fee set forth in Section
4(b)(1) to Schedule A of the FINRA By-Laws for the initial Form U4
filed by firms for the registration of any representative or principal
associated with the member organization at the time a firm submits its
application for FINRA membership. Such firms also shall not be assessed
the membership application fee set forth in Section 4(e) to Schedule A
of the FINRA By-Laws. However, those firms will otherwise remain
subject to FINRA's By-Laws and Schedules to By-Laws, including Schedule
A.
* * * * *

FINRA Rules

* * * * *

1000. Member Application and Associated Person Registration

* * * * *

IM-1011-1. Safe Harbor for Business Expansions

    This interpretive material concerns the types of business
expansions that will not require a member to submit a Rule 1017
application to obtain FINRA's approval of the expansion. This safe
harbor applies to: (1) Firms that do not have a membership agreement,
and (2) firms that have a membership agreement that does not contain a
restriction on the factors listed below.
* * * * *
    The safe harbor is not available to any member that has
disciplinary history. For purposes of this Interpretation,
``disciplinary history'' means a finding of a violation by the member
or a principal of the member in the past five years by the SEC, a self-
regulatory organization, or a foreign financial

regulatory authority of one or more of the following provisions (or a
comparable foreign provision) or rules or regulations thereunder:
Violations of the types enumerated in Section 15(b)(4)(E) and Section
15(c) of the Exchange Act; Section 17(a) of the Securities Act; SEA
Rules 10b-5 and 15g-1 through 15g-9; FINRA Rules 2010 (only if the
finding of a violation is for unauthorized trading, churning,
conversion, material misrepresentations or omissions to a customer,
frontrunning, trading ahead of research reports or excessive markups),
2020, 2111, 2121, 2150, 4330, 3110 (failure to supervise only), 5210,
and 5230; and MSRB Rules G-19, G-30, and G-37(b) and (c), and all
predecessor NASD rules to such FINRA rules.
* * * * *

1017. Application for Approval of Change in Ownership, Control, or
Business Operations

    (a) through (k) No Change.
(l) Removal or Modification of Restriction on Department's Initiative
    The Department shall modify or remove a restriction on its own
initiative if the Department determines such action is appropriate in
light of the considerations set forth in paragraph ([h]i)(1). The
Department shall notify the member in writing of the Department's
determination and inform the member that it may apply for further
modification or removal of a restriction by filing an application under
paragraph (a).
    (m) No Change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On March 26, 2020, the Commission approved amendments to Rule 1017,
among other rules, as part of FINRA's efforts to help further address
the issue of customer recovery of unpaid arbitration awards.\4\ Before
the amendments to Rule 1017, paragraph (h)(1) related to FINRA's
decision on an application for continuing FINRA membership, and
specified some factors that create a presumption to deny an
application. File No. SR-FINRA-2019-030 renumbered that paragraph to
paragraph (i)(1). Currently, Rule 1017(l) cross-references to paragraph
(h)(1), which, as a result of SR-FINRA-2019-030, requires an applicant
for continuing FINRA membership to promptly provide FINRA written
notification of any arbitration claim involving the applicant or its
associated persons that is filed, awarded or becomes unpaid before a
decision constituting final action of FINRA is served on the applicant.
In File No. SR-FINRA-2019-030, FINRA did not propose a change to Rule
1017(l) to reflect the rule cross-reference change from paragraph
(h)(1) to paragraph (i)(1). With this proposed rule change, FINRA is
proposing to make this corrective non-substantive, technical change to
Rule 1017(l).\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 88482 (March 26,
2020), 85 FR 18299 (April 1, 2020) (Order Approving File No. SR-
FINRA-2019-030, as Modified by Amendment No. 1). FINRA announced
September 14, 2020 as the effective date of the rule change in
Regulatory Notice 20-15 (May 2020).
    \5\ FINRA notes that the proposed rule change would impact all
members, including members that have elected to be treated as
capital acquisition brokers (``CABs'') and are subject to CAB rules.
CAB Rule 116 (Application for Approval of Change in Ownership,
Control, or Business Operations) incorporates by reference Rule
1017.
---------------------------------------------------------------------------

    On April 10, 2019, the Commission announced the immediate
effectiveness of the adoption of the remaining legacy NASD rules as
FINRA rules in the consolidated FINRA rulebook and the remaining
Incorporated NYSE Rules and Incorporated NYSE Rule Interpretations in
the consolidated FINRA rulebook as a separate Temporary Dual FINRA-NYSE
Member Rules Series.\6\ Among these legacy NASD rules was then NASD
Interpretative Material (``IM'')-1011-1 (Safe Harbor for Business
Expansions). In general, this rule created a safe harbor for specified
categories of business expansions, subject to certain thresholds and
conditions, that a member may undergo without filing an application for
continuing membership with FINRA, but this safe harbor was unavailable
to a member with a defined ``disciplinary history.'' Under NASD IM-
1011-1, the term ``disciplinary history'' meant a finding of a
violation by the member or a principal of the member in the past five
years by the SEC, a self-regulatory organization, or a foreign
financial regulatory authority of one or more specified provisions that
included NASD Rule 2440 (Fair Prices and Commissions), the predecessor
rule to FINRA Rule 2121 (Fair Prices and Commissions).\7\ Through File
No. SR-FINRA-2019-009, FINRA adopted NASD IM-1011-1 as FINRA IM-1011-1
with the intention of replacing therein all references to an NASD rule
with its corresponding FINRA rule. The reference to NASD Rule 2440, or
``2440'' as written in NASD IM-1011-1, was inadvertently omitted from
the rule text presented in Exhibit 4 and Exhibit 5 to File No. SR-
FINRA-2019-009 and as a result, the list of rules for ``disciplinary
history'' as they currently appear in FINRA IM-1011-1 omits the
reference to FINRA Rule 2121. With this proposed rule change, FINRA is
proposing to correct this technical error by including a reference to
``2121'' to the sequence of FINRA rules defining ``disciplinary
history'' under FINRA IM-1011-1.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 85589 (April 10,
2019), 84 FR 15646 (April 16, 2019) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2019-009).
    \7\ In 2014, FINRA adopted NASD Rule 2440 and its IMs, without
material change, as FINRA Rule 2121. See Securities Exchange Act
Release No. 72208 (May 21, 2014), 79 FR 30675 (May 28, 2014) (Notice
of filing and Immediate Effectiveness of File No. SR-FINRA-2014-
023).
---------------------------------------------------------------------------

    Finally, the proposed rule change would change the references to
``NYSE Alternext US'' in IM-Section 4(b)(1) and (e) of Schedule A to
the FINRA By-Laws to ``NYSE American.'' \8\
---------------------------------------------------------------------------

    \8\ NYSE Alternext US LLC is a predecessor entity to NYSE
American LLC. See Securities Exchange Act Release No. 80283 (March
21, 2017), 82 FR 15244 (March 27, 2017) (Notice of Filing and
Immediate Effectiveness of File No. SR-NYSEMKT-2017-14).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing so FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change will make corrective non-
substantive, technical updates that

FINRA believes will provide greater clarity to FINRA rules.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change brings
clarity and consistency to FINRA rules without adding any burden on
firms.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2021-018 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2021-018. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2021-018 and should be submitted
on or before August 10, 2021.
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15338 Filed 7-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Pages 31583-31584]
[FR Doc No: 2019-14091]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-142-000.
    Applicants: Mesquite Star Special, LLC.
    Description: Self-Certification of EG of Mesquite Star Special,
LLC.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5141.
    Comments Due: 5 p.m. ET 7/16/19.

    Docket Numbers: EG19-143-000.
    Applicants: Hancock County Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Hancock County Wind, LLC.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5192.
    Comments Due: 5 p.m. ET 7/16/19.

    Docket Numbers: EG19-144-000.
    Applicants: Stanton Energy Reliability Center, LLC.

    Description: Self-Certification of EWG Status of Stanton Energy
Reliability Center, LLC.
    Filed Date: 6/26/19.
    Accession Number: 20190626-5039.
    Comments Due: 5 p.m. ET 7/17/19.

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

    Docket Numbers: ER10-3145-012; ER19-1473-001; ER10-3116-012; ER19-
1179-001;ER13-1544-009; ER10-3120-012;ER19-1474-001; ER19-1597-
001;ER11-2036-012; ER16-930-006; ER10-3128-012;ER10-1800-013; ER10-
3136-012; ER11-2701-014; ER10-1728-012; ER15-1582-015; ER15-1579-014;
ER15-1914-016; ER16-1255-013; ER16-2201-009; ER16-1955-010; ER19-846-
003; ER18-1667-003; ER17-1864-008; ER17-1871-008; ER17-1909-008; ER17-
544-009; ER17-306-009; ER16-1738-010; ER16-474-011; ER16-1901-010;
ER16-468-010; ER18-2492-004; ER16-1609-006; ER15-2679-012; ER16-2578-
010; ER16-2541-009; ER18-2327-002; ER19-847-003; ER15-2680-012; ER15-
762-016; ER16-2224-009; ER16-890-011; ER15-760-015; ER16-1973-010;
ER16-1956-010.
    Applicants: AES Alamitos, LLC, AES Alamitos Energy, LLC, AES Energy
Storage, LLC, AES ES Gilbert, LLC, AES ES Tait, LLC, AES Huntington
Beach, L.L.C., AES Huntington Beach Energy, LLC, AES Integrated Energy,
LLC, AES Laurel Mountain, LLC, AES Ohio Generation, LLC, AES Redondo
Beach, L.L.C., Indianapolis Power & Light Company, Mountain View Power
Partners, LLC, Mountain View Power Partners IV, LLC, The Dayton Power
and Light Company, 65HK 8me LLC, 67RK 8me LLC, 87RL 8me LLC, Antelope
Big Sky Ranch LLC, Antelope DSR 1, LLC, Antelope DSR 2, LLC, Antelope
DSR 3, LLC, Antelope Expansion 2, LLC, Bayshore Solar A, LLC, Bayshore
Solar B, LLC, Bayshore Solar C, LLC, Beacon Solar 1, LLC, Beacon Solar
3, LLC, Beacon Solar 4, LLC, Central Antelope Dry Ranch C LLC, FTS
Master Tenant 1, LLC, FTS Master Tenant 2, LLC, ID Solar 1, LLC, Latigo
Wind Park, LLC, North Lancaster Ranch LLC, Pioneer Wind Park I LLC,
Riverhead Solar Farm, LLC, San Pablo Raceway, LLC, Sandstone Solar LLC,
Sierra Solar Greenworks LLC, Solverde 1, LLC, Summer Solar LLC, Western
Antelope Blue Sky Ranch A LLC, Western Antelope Blue Sky Ranch B LLC,
Elevation Solar C LLC, Western Antelope Dry Ranch LLC.
    Description: Triennial Market Power Analysis of the AES MBR
Affiliates for the Southwest Region.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5214.
    Comments Due: 5 p.m. ET 8/26/19.

    Docket Numbers: ER11-2211-010; ER11-2209-010; ER11-2210-010; ER11-
2207-010; ER11-2206-010; ER13-1150-008; ER13-1151-008; ER11-2855-024;
ER18-814-001; ER11-3727-016; ER12-1711-016; ER19-672-001; ER11-2856-
024; ER19-1061-001; ER19-1062-001; ER19-843-001; ER19-1063-001; ER19-
844-001; ER11-2857-024; ER10-2381-009.
    Applicants: Alta Wind I, LLC, Alta Wind II, LLC, Alta Wind III,
LLC, Alta Wind IV, LLC, Alta Wind V, LLC, Alta Wind X, LLC, Alta Wind
XI, LLC, Avenal Park LLC, Carlsbad Energy Center LLC, El Segundo Energy
Center LLC, High Plains Ranch II, LLC, Marsh Landing LLC, Sand Drag
LLC, Solar Alpine LLC, Solar Avra Valley LLC, Solar Blythe LLC, Solar
Borrego I LLC, Solar Roadrunner LLC, Sun City Project LLC, Walnut Creek
Energy, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of the Clearway Group Sellers.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5106.
    Comments Due: 5 p.m. ET 8/26/19.

    Docket Numbers: ER18-2085-002
    Applicants: Cambria CoGen Company.
    Description: Compliance filing: Settlement Compliance Filing--
Cambria CoGen Reactive Supply Service to be effective 9/1/2018.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5097.
    Comments Due: 5 p.m. ET 7/16/19.

    Docket Numbers: ER19-2226-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: PSC-CSU-A&R O&M-Jcksn Fllr-395-Amnd
Filing to be effective 6/22/2019.
    Filed Date: 6/25/19.
    Accession Number: 20190625-5107.
    Comments Due: 5 p.m. ET 7/16/19.

    Docket Numbers: ER19-2251-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 325, Line
Extension Agreement to be effective 6/14/2019.
    Filed Date: 6/26/19.
    Accession Number: 20190626-5007.
    Comments Due: 5 p.m. ET 7/17/19.

    Docket Numbers: ER19-2252-000.
    Applicants: Stanton Energy Reliability Center, LLC.
    Description: Baseline eTariff Filing: MBR Tariff Authorization to
be effective 8/25/2019.
    Filed Date: 6/26/19.
    Accession Number: 20190626-5013.
    Comments Due: 5 p.m. ET 7/17/19.

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

    Dated: June 26, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-14091 Filed 7-1-19; 8:45 am]
 BILLING CODE 6717-01-P


December 4, 2007

COMPUTATIONAL TOXICOLOGY SUBCOMMITTEE

DRAFT AGENDA

December 17-18, 2007

U.S. EPA Research Triangle Park (RTP) Campus

EPA Main Building (Room C114 on December 17 and Room C111C on December 18)

109 T.W. Alexander Drive

Research Triangle Park, NC  27711

Monday, December 17, 2007

12:30 p.m. – 1:00 p.m.	Registration

1:00 p.m. – 1:10 p.m.		Welcome and Introductions		Dr. George Daston,

- New Subcommittee Member	Subcommittee Chair

- Draft Charge

- Meeting Agenda

1:10 p.m. – 1:15 p.m.		DFO Remarks				Lori Kowalski, Office of

									Research and Development

									(ORD)

1:15 p.m. – 1:45 p.m.	National Center for Computational 	Dr. Robert Kavlock,

	Toxicology (NCCT) Overview		Director, NCCT

1:45 p.m. – 3:05 p.m.	ToxCast				Dr. David Dix, NCCT

3:05 p.m. – 3:20 p.m.	Break

3:20 p.m. – 4:40 p.m.	Information Management/Information	Dr. Richard Judson, NCCT

	Technology (IM/IT) - Informatics

4:40 p.m. – 5:30 p.m.	Subcommittee Working Time		Comp Tox Subcommittee

5:30 p.m.	Adjourn

Tuesday, December 18, 2007

8:30 a.m. - 8:45 a.m.		Recap of Day 1				Dr.  George Daston,

	Subcommittee Chair

8:45 a.m. – 10:15 a.m.		Virtual Liver				Dr. Imran Shah, NCCT

10:15 a.m. – 10:30 a.m.		Public Comment

10:30 a.m. – 12:00 noon		Developmental Systems Biology	Dr. Thomas Knudsen, NCCT

12:00 noon – 1:00 p.m.		Working Lunch				Comp Tox Subcommittee

1:00 p.m. – 2:30 p.m.		Arsenic Biologically-Based 		Dr. Rory Conolly, NCCT

	Dose Response Model (BBDR)

2:30 p.m. – 3:00 p.m.	Subcommittee Working Time		Comp Tox Subcommittee

3:00 p.m	Adjourn

bosc computational toxicology Subcommittee December 2007 draft meeting agenda

  PAGE  2

            A Federal Advisory Committee for the U.S. Environmental Protection Agency’s Office of Research and Development


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23408-23409]
[FR Doc No: 2021-09149]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4503-DR; Docket ID FEMA-2021-0001]

Alabama; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alabama (FEMA-4503-DR), dated
    March 29, 2020, and related determinations.

DATES: This amendment was issued March 11, 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: The notice of a major disaster declaration
for the State of Alabama is hereby amended to include Individual
Assistance limited to COVID-19 Funeral Assistance under Other Needs
Assistance for those areas determined to have been adversely affected
by the event declared a major disaster by the President in his
declaration of March 29, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the State of Alabama
(already designated for Individual Assistance, limited to the Crisis
Counseling Program and emergency protective measures [Category B]
not authorized under other Federal statutes, including direct
Federal assistance).

(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.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09149 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P