[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45469-45477]
[FR Doc No: 2015-18613]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0443; FRL-9931-34-Region 4]

Approval and Promulgation of Implementation Plans; Kentucky
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the July 17, 2012, State Implementation Plan (SIP) submission,
submitted by the Commonwealth of Kentucky, Energy and Environment
Cabinet, Department for Environmental Protection, through the Kentucky
Division for Air Quality (KY DAQ) for inclusion into the Kentucky SIP.
This proposal pertains to the Clean Air Act (CAA or the Act)
infrastructure requirements for the 2008 Lead national ambient air
quality standards (NAAQS). The CAA requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each NAAQS promulgated by EPA, which is commonly referred to as an
``infrastructure SIP submission.'' KY DAQ certified that the Kentucky
SIP contains provisions that ensure the 2008 Lead NAAQS is implemented,
enforced, and maintained in Kentucky. With the exception of provisions
pertaining to prevention of significant deterioration (PSD) permitting,
EPA is proposing to determine that Kentucky's infrastructure SIP
submission, provided to EPA on July 17, 2012, satisfies the required
infrastructure elements for the 2008 Lead NAAQS.

DATES: Written comments must be received on or before August 31, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0443, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2014-0443,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch) Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0443. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960 EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

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

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. What is EPA's approach to the review of infrastructure SIP
submissions?
IV. What is EPA's analysis of how Kentucky addressed the elements of
sections 110(a)(1) and (2) ``infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 5, 1978, EPA promulgated primary and secondary NAAQS for
lead under section 109 of the Act. See 43 FR

46246. Both primary and secondary standards were set at a level of 1.5
micrograms per cubic meter ([mu]g/m\3\), measured as lead in total
suspended particulate matter (Pb-TSP), not to be exceeded by the
maximum arithmetic mean concentration averaged over a calendar quarter.
This standard was based on the August 7, 1977 Air Quality Criteria for
Lead. On November 12, 2008 (75 FR 81126), EPA issued a final rule to
revise the primary and secondary Lead NAAQS. The primary and secondary
Lead NAAQS were revised to 0.15 [mu]g/m\3\. By statute, SIPs meeting
the requirements of sections 110(a)(1) and (2) are to be submitted by
states within three years after promulgation of a new or revised NAAQS.
Sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the NAAQS. States were required
to submit such SIPs to EPA no later than October 15, 2011, for the 2008
Lead NAAQS.\1\
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    \1\ In these infrastructure SIP submissions states generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a) (1) and (2). Unless otherwise indicated, the Title 15A
regulations of the Kentucky Administrative Regulation (``KAR'')
cited throughout this rulemaking have been approved into Kentucky's
federally-approved SIP. The Kentucky Revised Statutes (``KRS'')
cited throughout this rulemaking, however, are not approved into the
Kentucky SIP unless otherwise indicated.
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    This action is proposing to approve Kentucky's infrastructure SIP
submission for the applicable requirements of the 2008 Lead NAAQS, with
the exception of preconstruction PSD permitting requirements for major
sources contained in sections 110(a)(2)(C), prong 3 of D(i), and (J).
On March 18, 2015, EPA approved Kentucky's July 17, 2012,
infrastructure SIP submission regarding the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J) for
the 2008 Lead NAAQS. See 80 FR 14019. Therefore, EPA is not proposing
any action today pertaining to the PSD permitting requirements for
major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for
the 2008 Lead NAAQS. For the aspects of Kentucky's submittal proposed
for approval today, EPA notes that the Agency is not approving any
specific rule, but rather proposing that Kentucky's already approved
SIP meets certain CAA requirements.

II. What elements are required under sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 2008 Lead NAAQS, states typically have met
the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with the 1978 Lead NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As mentioned above, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this proposed rulemaking are listed below \2\ and in EPA's
October 14, 2011, memorandum entitled ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements Required Under Sections
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)'' (2011 Lead Infrastructure SIP Guidance).
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    \2\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the nonattainment area
plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. This proposed rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the nonattainment planning requirements of
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement, prevention of
significant deterioration (PSD), and new source review (NSR).\3\
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    \3\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
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     110(a)(2)(D)(i): Interstate transport provisions.
     110(a)(2)(D)(ii): Interstate and International Transport.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Nonattainment area plan or plan revision
under Part D.\4\
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    \4\ As mentioned above, this element is not relevant to this
proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials,
public notification, PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.

III. What is EPA's approach to the review of infrastructure SIP
submissions?

    EPA is acting upon the SIP submission from Kentucky that addresses
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2)
for the 2008 Lead NAAQS. Pursuant to section 110(a)(1), states must
make SIP submissions ``within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``each such
plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from

submissions that are intended to satisfy other SIP requirements under
the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP''
submissions to address the nonattainment planning requirements of part
D of title I of the CAA, ``regional haze SIP'' submissions required by
EPA rule to address the visibility protection requirements of CAA
section 169A, and nonattainment new source review permit program
submissions to address the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for
infrastructure SIP submissions, and section 110(a)(2) provides more
details concerning the required contents of these submissions. The list
of required elements provided in section 110(a)(2) contains a wide
variety of disparate provisions, some of which pertain to required
legal authority, some of which pertain to required substantive program
provisions, and some of which pertain to requirements for both
authority and substantive program provisions.\5\ EPA therefore believes
that while the timing requirement in section 110(a)(1) is unambiguous,
some of the other statutory provisions are ambiguous. In particular,
EPA believes that the list of required elements for infrastructure SIP
submissions provided in section 110(a)(2) contains ambiguities
concerning what is required for inclusion in an infrastructure SIP
submission.
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    \5\ For example: Section 110(a)(2)(E)(i) provides that states
must provide assurances that they have adequate legal authority
under state and local law to carry out the SIP; section 110(a)(2)(C)
provides that states must have a SIP-approved program to address
certain sources as required by part C of title I of the CAA; and
section 110(a)(2)(G) provides that states must have legal authority
to address emergencies as well as contingency plans that are
triggered in the event of such emergencies.
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    The following examples of ambiguities illustrate the need for EPA
to interpret some section 110(a)(1) and section 110(a)(2) requirements
with respect to infrastructure SIP submissions for a given new or
revised NAAQS. One example of ambiguity is that section 110(a)(2)
requires that ``each'' SIP submission must meet the list of
requirements therein, while EPA has long noted that this literal
reading of the statute is internally inconsistent and would create a
conflict with the nonattainment provisions in part D of title I of the
Act, which specifically address nonattainment SIP requirements.\6\
Section 110(a)(2)(I) pertains to nonattainment SIP requirements and
part D addresses when attainment plan SIP submissions to address
nonattainment area requirements are due. For example, section 172(b)
requires EPA to establish a schedule for submission of such plans for
certain pollutants when the Administrator promulgates the designation
of an area as nonattainment, and section 107(d)(1)(B) allows up to two
years, or in some cases three years, for such designations to be
promulgated.\7\ This ambiguity illustrates that rather than apply all
the stated requirements of section 110(a)(2) in a strict literal sense,
EPA must determine which provisions of section 110(a)(2) are applicable
for a particular infrastructure SIP submission.
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    \6\ See, e.g., ``Rule To Reduce Interstate Transport of Fine
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions
to Acid Rain Program; Revisions to the NOX SIP Call;
Final Rule,'' 70 FR 25162, at 25163-65 (May 12, 2005) (explaining
relationship between timing requirement of section 110(a)(2)(D)
versus section 110(a)(2)(I)).
    \7\ EPA notes that this ambiguity within section 110(a)(2) is
heightened by the fact that various subparts of part D set specific
dates for submission of certain types of SIP submissions in
designated nonattainment areas for various pollutants. Note, e.g.,
that section 182(a)(1) provides specific dates for submission of
emissions inventories for the ozone NAAQS. Some of these specific
dates are necessarily later than three years after promulgation of
the new or revised NAAQS.
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    Another example of ambiguity within sections 110(a)(1) and
110(a)(2) with respect to infrastructure SIPs pertains to whether
states must meet all of the infrastructure SIP requirements in a single
SIP submission, and whether EPA must act upon such SIP submission in a
single action. Although section 110(a)(1) directs states to submit ``a
plan'' to meet these requirements, EPA interprets the CAA to allow
states to make multiple SIP submissions separately addressing
infrastructure SIP elements for the same NAAQS. If states elect to make
such multiple SIP submissions to meet the infrastructure SIP
requirements, EPA can elect to act on such submissions either
individually or in a larger combined action.\8\ Similarly, EPA
interprets the CAA to allow it to take action on the individual parts
of one larger, comprehensive infrastructure SIP submission for a given
NAAQS without concurrent action on the entire submission. For example,
EPA has sometimes elected to act at different times on various elements
and sub-elements of the same infrastructure SIP submission.\9\
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    \8\ See, e.g., ``Approval and Promulgation of Implementation
Plans; New Mexico; Revisions to the New Source Review (NSR) State
Implementation Plan (SIP); Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR
4339 (January 22, 2013) (EPA's final action approving the structural
PSD elements of the New Mexico SIP submitted by the State separately
to meet the requirements of EPA's 2008 PM2.5 NSR rule),
and ``Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Infrastructure and Interstate Transport Requirements for
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013)
(EPA's final action on the infrastructure SIP for the 2006
PM2.5 NAAQS).
    \9\ On December 14, 2007, the State of Tennessee, through the
Tennessee Department of Environment and Conservation, made a SIP
revision to EPA demonstrating that the State meets the requirements
of sections 110(a)(1) and (2). EPA proposed action for
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR
3213) and took final action on March 14, 2012 (77 FR 14976). On
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA
took separate proposed and final actions on all other section
110(a)(2) infrastructure SIP elements of Tennessee's December 14,
2007 submittal.
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    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise
with respect to infrastructure SIP submission requirements for
different NAAQS. Thus, EPA notes that not every element of section
110(a)(2) would be relevant, or as relevant, or relevant in the same
way, for each new or revised NAAQS. The states' attendant
infrastructure SIP submissions for each NAAQS therefore could be
different. For example, the monitoring requirements that a state might
need to meet in its infrastructure SIP submission for purposes of
section 110(a)(2)(B) could be very different for different pollutants
because the content and scope of a state's infrastructure SIP
submission to meet this element might be very different for an entirely
new NAAQS than for a minor revision to an existing NAAQS.\10\
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    \10\ For example, implementation of the 1997 PM2.5
NAAQS required the deployment of a system of new monitors to measure
ambient levels of that new indicator species for the new NAAQS.
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    EPA notes that interpretation of section 110(a)(2) is also
necessary when EPA reviews other types of SIP submissions required
under the CAA. Therefore, as with infrastructure SIP submissions, EPA
also has to identify and interpret the relevant elements of section
110(a)(2) that logically apply to these other types of SIP submissions.
For example, section 172(c)(7) requires that attainment plan SIP
submissions required by part D have to meet the ``applicable
requirements'' of section 110(a)(2). Thus, for example, attainment plan
SIP submissions must meet the requirements of section 110(a)(2)(A)
regarding enforceable emission limits and control measures and section
110(a)(2)(E)(i) regarding air agency resources and authority. By
contrast, it is clear that attainment plan SIP submissions required by
part D would not need to meet the portion of section 110(a)(2)(C) that
pertains to the PSD program required in part C of title I of the CAA,
because PSD does not apply to a pollutant for which an area is
designated nonattainment and thus subject to part D planning
requirements.

As this example illustrates, each type of SIP submission may implicate
some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language
of section 110(a)(1) and section 110(a)(2), EPA believes that it is
appropriate to interpret the ambiguous portions of section 110(a)(1)
and section 110(a)(2) in the context of acting on a particular SIP
submission. In other words, EPA assumes that Congress could not have
intended that each and every SIP submission, regardless of the NAAQS in
question or the history of SIP development for the relevant pollutant,
would meet each of the requirements, or meet each of them in the same
way. Therefore, EPA has adopted an approach under which it reviews
infrastructure SIP submissions against the list of elements in section
110(a)(2), but only to the extent each element applies for that
particular NAAQS.
    Historically, EPA has elected to use guidance documents to make
recommendations to states for infrastructure SIPs, in some cases
conveying needed interpretations on newly arising issues and in some
cases conveying interpretations that have already been developed and
applied to individual SIP submissions for particular elements.\11\ EPA
issued the Lead Infrastructure SIP Guidance on October 14, 2011.\12\
EPA developed this document to provide states with up-to-date guidance
for the 2008 Lead infrastructure SIPs. Within this guidance, EPA
describes the duty of states to make infrastructure SIP submissions to
meet basic structural SIP requirements within three years of
promulgation of a new or revised NAAQS. EPA also made recommendations
about many specific subsections of section 110(a)(2) that are relevant
in the context of infrastructure SIP submissions. The guidance also
discusses the substantively important issues that are germane to
certain subsections of section 110(a)(2). Significantly, EPA interprets
sections 110(a)(1) and 110(a)(2) such that infrastructure SIP
submissions need to address certain issues and need not address others.
Accordingly, EPA reviews each infrastructure SIP submission for
compliance with the applicable statutory provisions of section
110(a)(2), as appropriate.\13\
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    \11\ EPA notes, however, that nothing in the CAA requires EPA to
provide guidance or to promulgate regulations for infrastructure SIP
submissions. The CAA directly applies to states and requires the
submission of infrastructure SIP submissions, regardless of whether
or not EPA provides guidance or regulations pertaining to such
submissions. EPA elects to issue such guidance in order to assist
states, as appropriate.
    \12\ ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements Required under Clean Air Act Sections 110(a)(1) and
110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality
Standards (NAAQS),'' Memorandum from Stephen D. Page, October 14,
2001.
    \13\ Although not intended to provide guidance for purposes of
infrastructure SIP submissions for the 2008 Lead NAAQS, EPA notes
that, following the 2011 Lead Infrastructure SIP Guidance, EPA
issued the ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum from Stephen D. Page, September 13, 2013.
This 2013 guidance provides recommendations for air agencies'
development and the EPA's review of infrastructure SIPs for the 2008
ozone primary and secondary NAAQS, the 2010 primary nitrogen dioxide
(NO2) NAAQS, the 2010 primary sulfur dioxide
(SO2) NAAQS, and the 2012 primary fine particulate matter
(PM2.5) NAAQS, as well as infrastructure SIPs for new or
revised NAAQS promulgated in the future.
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    EPA's approach to review of infrastructure SIP submissions is to
identify the CAA requirements that are logically applicable to that
submission. EPA believes that this approach to the review of a
particular infrastructure SIP submission is appropriate, because it
would not be reasonable to read the general requirements of section
110(a)(1) and the list of elements in 110(a)(2) as requiring review of
each and every provision of a state's existing SIP against all
requirements in the CAA and EPA regulations merely for purposes of
assuring that the state in question has the basic structural elements
for a functioning SIP for a new or revised NAAQS. Because SIPs have
grown by accretion over the decades as statutory and regulatory
requirements under the CAA have evolved, they may include some outmoded
provisions and historical artifacts. These provisions, while not fully
up to date, nevertheless may not pose a significant problem for the
purposes of ``implementation, maintenance, and enforcement'' of a new
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP
submission. EPA believes that a better approach is for states and EPA
to focus attention on those elements of section 110(a)(2) of the CAA
most likely to warrant a specific SIP revision due to the promulgation
of a new or revised NAAQS or other factors.
    Finally, EPA believes that its approach with respect to
infrastructure SIP requirements is based on a reasonable reading of
sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues
and mechanisms to address specific substantive deficiencies in existing
SIPs. These other statutory tools allow EPA to take appropriately
tailored action, depending upon the nature and severity of the alleged
SIP deficiency. Section 110(k)(5) authorizes EPA to issue a ``SIP
call'' whenever the Agency determines that a state's SIP is
substantially inadequate to attain or maintain the NAAQS, to mitigate
interstate transport, or to otherwise comply with the CAA.\14\ Section
110(k)(6) authorizes EPA to correct errors in past actions, such as
past approvals of SIP submissions.\15\ Significantly, EPA's
determination that an action on a state's infrastructure SIP submission
is not the appropriate time and place to address all potential existing
SIP deficiencies does not preclude EPA's subsequent reliance on
provisions in section 110(a)(2) as part of the basis for action to
correct those deficiencies at a later time. For example, although it
may not be appropriate to require a state to eliminate all existing
inappropriate director's discretion provisions in the course of acting
on an infrastructure SIP submission, EPA believes that section
110(a)(2)(A) may be among the statutory bases that EPA relies upon in
the course of addressing such deficiency in a subsequent action.\16\
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    \14\ For example, EPA issued a SIP call to Utah to address
specific existing SIP deficiencies related to the treatment of
excess emissions during SSM events. See ``Finding of Substantial
Inadequacy of Implementation Plan; Call for Utah State
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \15\ EPA has used this authority to correct errors in past
actions on SIP submissions related to PSD programs. See ``Limitation
of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has
previously used its authority under CAA section 110(k)(6) to remove
numerous other SIP provisions that the Agency determined it had
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR
34641 (June 27, 1997) (corrections to American Samoa, Arizona,
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16,
2004) (corrections to California SIP); and 74 FR 57051 (November 3,
2009) (corrections to Arizona and Nevada SIPs).
    \16\ See, e.g., EPA's disapproval of a SIP submission from
Colorado on the grounds that it would have included a director's
discretion provision inconsistent with CAA requirements, including
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21,
2010) (proposed disapproval of director's discretion provisions); 76
FR 4540 (Jan. 26, 2011) (final disapproval of such provisions).
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IV. What is EPA's analysis of how Kentucky addressed the elements of
sections 110(a)(1) and (2) ``infrastructure'' provisions?

    The Kentucky infrastructure submission addresses the provisions of
sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A) Emission limits and other control measures: There
are several provisions within Kentucky's regulations that provide KY
DAQ with the necessary authority to adopt and

enforce air quality controls, which include enforceable emission
limitations and other control measures. Some sections but not all of
the following chapters,\17\ provide the state the necessary authority;
401 KAR Chapter 50 General Administrative Procedures 401 KAR 51
Attainment and Maintenance of the National Ambient Air Quality
Standards, 401 KAR 52 Permits, Registrations, and Prohibitory Rules,
and 401 KAR 53 Ambient Air Quality. EPA has made the preliminary
determination that these provisions and Kentucky's practices are
adequate to protect the 2008 Lead NAAQS in the Commonwealth.
---------------------------------------------------------------------------

    \17\ There are various chapters from the Kentucky submittal
cited to throughout this document as showing that Kentucky meets the
infrastructure requirements. To see exactly what sections Kentucky
cited in each chapter, refer to the submittal which can be accessed
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2014-0443.
---------------------------------------------------------------------------

    In this action, EPA is not proposing to approve or disapprove any
existing Kentucky provisions with regard to excess emissions during
startup, shutdown and malfunction (SSM) of operations at a facility.
EPA believes that a number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance, ``State Implementation
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup,
and Shutdown'' (September 20, 1999), and the Agency is addressing such
state regulations in a separate action.\18\ In the meantime, EPA
encourages any state having a deficient SSM provision to take steps to
correct it as soon as possible.
---------------------------------------------------------------------------

    \18\ On May 22, 2015, the EPA Administrator signed a final
action entitled, ``State Implementation Plans: Response to Petition
for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP
Calls to Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown, and Malfunction.'' The prepublication
version of this rule is available at http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html.
---------------------------------------------------------------------------

    Additionally, in this action, EPA is not proposing to approve or
disapprove any existing State rules with regard to director's
discretion or variance provisions. In the meantime, EPA encourages any
state having a director's discretion or variance provision which is
contrary to the CAA and EPA guidance to take steps to correct the
deficiency as soon as possible.
    2. 110(a)(2)(B) Ambient air quality monitoring/data system: SIPs
are required to provide for the establishment and operation of ambient
air quality monitors; the compilation and analysis of ambient air
quality data; and the submission of these data to EPA upon request. 401
KAR 50:050 Monitoring and KRS 224.10-100(22) along with the Kentucky
Annual Monitoring Network Plan, provide for an ambient air quality
monitoring system in the State, which includes the monitoring of lead
at appropriate locations throughout the state using the EPA approved
Federal Reference Method or equivalent monitors. 401 KAR Chapter 50
General Administrative Procedures also provides Kentucky with the
statutory authority to ``determine by means of field sampling and other
studies, including the examination of available data collected by any
local, State or federal agency or any person, the degree of air
contamination and air pollution in the State and the several areas of
the State.'' The monitors are all part of the Air Quality Systems (AQS)
and identification numbers. Annually, States develop and submit to EPA
for approval statewide ambient monitoring network plans consistent with
the requirements of 40 CFR parts 50, 53, and 58. The annual network
plan involves an evaluation of any proposed changes to the monitoring
network, includes the annual ambient monitoring network design plan and
a certified evaluation of the agency's ambient monitors and auxiliary
support equipment.\19\ The latest monitoring network plan for Kentucky
was submitted to EPA on June 30, 2014, and on October 30, 2014, EPA
approved this plan. Kentucky's approved monitoring network plan can be
accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-2014-
0443. EPA has made the preliminary determination that Kentucky's SIP
and practices are adequate for the ambient air quality monitoring and
data system related to the 2008 Lead NAAQS.
---------------------------------------------------------------------------

    \19\ On occasion, proposed changes to the monitoring network are
evaluated outside of the network plan approval process in accordance
with 40 CFR part 58.
---------------------------------------------------------------------------

    3. 110(a)(2)(C) Program for enforcement, PSD, and NSR: This element
consists of three sub-elements; enforcement, state-wide regulation of
new and modified minor sources and minor modifications of major
sources; and preconstruction permitting of major sources and major
modifications in areas designated attainment or unclassifiable for the
subject NAAQS as required by CAA title I part C (i.e., the major source
PSD program). To meet these obligations, Kentucky cited regulations 401
KAR 50:060. The enforcement aspect of 110(a)(2)(C) provides for
enforcement of the terms and conditions of permits and compliance
schedules, and 401 KAR 52 Permits, Registrations, and Prohibitory
Rules, which pertain to the construction of new stationary sources or
any project at an existing stationary source. In this action, EPA is
only proposing to approve the enforcement and the regulation of minor
sources and minor modifications aspects of Kentucky's section
110(a)(2)(C) infrastructure SIP submission.
    Enforcement: KY DAQ's above-described, SIP-approved regulations
provide for enforcement of lead emission limits and control measures
and construction permitting for new or modified stationary sources.
    Preconstruction PSD Permitting for Major Sources: With respect to
Kentucky's July 17, 2012, infrastructure SIP submission related to the
preconstruction PSD permitting requirements for major sources of
section 110(a)(2)(C), EPA took final action to approve these provisions
for the 2008 Lead NAAQS on March 18, 2015. See 80 FR 14019.
    Regulation of minor sources and modifications: Section 110(a)(2)(C)
also requires the SIP to include provisions that govern the minor
source pre-construction program that regulates emissions of the 2008
Lead NAAQS. Regulation 401 KAR 52:030 governs the preconstruction
permitting of modifications and construction of minor stationary
sources.
    EPA has made the preliminary determination that Kentucky's SIP and
practices are adequate for enforcement of control measures and
regulation of minor sources and modifications related to the 2008 Lead
NAAQS.
    4. 110(a)(2)(D)(i) and (ii) Interstate and International transport
provisions: Section 110(a)(2)(D)(i) has two components;
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II). Each of these components
have two subparts resulting in four distinct components, commonly
referred to as ``prongs,'' that must be addressed in infrastructure SIP
submissions. The first two prongs, which are codified in section
110(a)(2)(D)(i)(I), are provisions that prohibit any source or other
type of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (``prong 1''), and
interfering with maintenance of the NAAQS in another state (``prong
2''). The third and fourth prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in
one state interfering with measures required to prevent significant
deterioration of air quality in another state (``prong 3''), or to
protect visibility in another state (``prong 4''). Section
110(a)(2)(D)(ii)

requires SIPs to include provisions insuring compliance with sections
115 and 126 of the Act, relating to interstate and international
pollution abatement.
    110(a)(2)(D)(i)(I) prongs 1 and 2: Section 110(a)(2)(D)(i) requires
infrastructure SIP submissions to include provisions prohibiting any
source or other type of emissions activity in one state from
contributing significantly to nonattainment in, or interfering with
maintenance of the NAAQS in another state. The physical properties of
lead prevent lead emissions from experiencing that same travel or
formation phenomena as PM2.5 and ozone for interstate
transport as outlined in prongs 1 and 2. More specifically, there is a
sharp decrease in the lead concentrations, at least in the coarse
fraction, as the distance from a lead source increases. EPA believes
that the requirements of prongs 1 and 2 can be satisfied through a
state's assessment as to whether a lead source located within its State
in close proximity to a state border has emissions that contribute
significantly to the nonattainment or interfere with maintenance of the
NAAQS in the neighboring state. For example, EPA's experience suggests
that sources located more than two miles from the state border or that
sources that emit less than 0.5 tons per year (tpy) generally appear
unlikely to contribute significantly to the nonattainment in another
state. Kentucky has one lead source that has emissions which exceed 0.5
tpy, however, the source is located about 50 miles from the border.\20\
As a result of its distance to the border, EPA believes it is unlikely
to contribute significantly to the nonattainment or interfere with
maintenance of the NAAQS in another state. Therefore, EPA has made the
preliminary determination that Kentucky's SIP meets the requirements of
section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------

    \20\ The one facility in Kentucky that has lead emissions
greater than 0.5 tpy is the EnerSys facility located at 761 Eastern
Bypass Richmond, KY 40475. The lead emissions from this facility are
0.55 tpy.
---------------------------------------------------------------------------

    110(a)(2)(D)(i)(II) Prong 3: With respect to Kentucky's July 17,
2012 infrastructure SIP submission related to the interstate transport
requirements for PSD of prong 3 of section 110(a)(2)(D)(i), EPA took
final action to approve this portion of Kentucky's submission for the
2008 Lead NAAQS on March 18, 2015. See 80 FR 14019.
    110(a)(2)(D)(i)(II) prong 4: With regard to section
110(a)(2)(D)(i)(II), the visibility sub-element, referred to as prong
4, significant visibility impacts from stationary source lead emissions
are expected to be limited to short distances from the source. The 2011
Lead Infrastructure SIP Guidance notes that the lead constituent of PM
would likely not travel far enough to affect Class 1 areas and that the
visibility provisions of the CAA do not directly regulate lead. Lead
stationary sources in Kentucky are located distances from Class I areas
such that visibility impacts are negligible. Accordingly, EPA has
preliminarily determined that the Kentucky SIP meets the relevant
visibility requirements of prong 4 of section 110(a)(2)(D)(i).
    110(a)(2)(D)(ii) Interstate and International transport provisions:
With regard to section 110(a)(2)(D)(ii), section 6 of KAR Chapter
52:100, Public, Affected State, and US EPA Review, outlines how
Kentucky will notify neighboring states of potential impacts from new
or modified sources. Further, EPA is unaware of any pending obligations
for the Commonwealth pursuant to sections 115 or 126 of the CAA. EPA
has made the preliminary determination that Kentucky DAQ's SIP and
practices are adequate for insuring compliance with the applicable
requirements relating to interstate and international pollution
abatement for the 2008 Lead NAAQS. Accordingly, EPA is proposing to
approve Kentucky's infrastructure SIP submission with respect to
section 110(a)(2)(D)(ii).
    5. 110(a)(2)(E) Adequate personnel, funding, and authority: Section
110(a)(2)(E) requires that each implementation plan provide (i)
necessary assurances that the State will have adequate personnel,
funding, and authority under state law to carry out its implementation
plan, (ii) that the State comply with the requirements respecting State
Boards pursuant to section 128 of the Act, and (iii) necessary
assurances that, where the State has relied on a local or regional
government, agency, or instrumentality for the implementation of any
plan provision, the State has responsibility for ensuring adequate
implementation of such plan provisions. EPA is proposing to approve
Kentucky's SIP as meeting the requirements of sub-elements
110(a)(2)(E)(i), (ii) and (iii). EPA's rationale for this proposal
respecting sub-element (i), (ii),and(iii) is described in turn below.
    To satisfy the requirements of sections 110(a)(2)(E)(i) and (iii),
Kentucky's infrastructure SIP submission cites regulation 401 KAR
50:038 Air Emissions Fee, which provides the assessment fees necessary
to fund the state Title V permit program. EPA submitted a letter to
Kentucky on February 27, 2014, outlining 105 grant commitments and the
current status of these commitments for fiscal year 2013. The letter
EPA submitted to Kentucky can be accessed at www.regulations.gov using
Docket ID No. EPA-R04-OAR-2014-0443. Annually, states update these
grant commitments based on current SIP requirements, air quality
planning, and applicable requirements related to the NAAQS. Kentucky
satisfactorily met all commitments agreed to in the Air Planning
Agreement for fiscal year 2013, therefore Kentucky's grants were
finalized and closed out.
    Section 110(a)(2)(E)(ii) requires that Kentucky comply with section
128 of the CAA. Section 128 requires that: (1) The majority of members
of the state board or body which approves permits or enforcement orders
represent the public interest and do not derive any significant portion
of their income from persons subject to permitting or enforcement
orders under the CAA; and (2) any potential conflicts of interest by
such board or body, or the head of an executive agency with similar,
powers be adequately disclosed.
    KY DAQ's infrastructure SIP submission adequately demonstrated that
Kentucky's SIP meets the applicable section 128 requirements pursuant
to section 110(a)(2)(E)(ii).
    For purposes of section 128(a)(1), Kentucky has no boards or bodies
with authority over air pollution permits or enforcement actions. Such
matters are instead handled by the Director of the KY DAQ. As such, a
``board or body'' is not responsible for approving permits or
enforcement orders in Kentucky, and the requirements of section
128(a)(1) are not applicable. For purposes of section 128(a)(2),
Kentucky's SIP has been updated. On October 3, 2012, EPA finalized
approval of KY DAQ's July 17, 2012, SIP revision requesting
incorporation of KRS Chapters 11A.020, 11A.030, 11A.040 and Chapters
224.10-020 and 224.10-100 into the SIP to address sub-element
110(a)(2)(E)(ii). See 77 FR 60307. With the incorporation of these
regulations into the Kentucky SIP, EPA has made the preliminary
determination that the Commonwealth has adequately addressed the
requirements of section 128(a)(2), and accordingly has met the
infrastructure SIP requirements of section 110(a)(2)(E)(ii). Therefore,
EPA is proposing to approve KY DAQ's SIP as meeting the requirements of
sub-elements 110(a)(2)(E)(i), (ii) and (iii).
    6. 110(a)(2)(F) Stationary source monitoring system: KY DAQ's
infrastructure SIP submission describes how the State establishes
requirements for emissions compliance testing and

utilizes emissions sampling and analysis. It further describes how the
State ensures the quality of its data through observing emissions and
monitoring operations. KY DAQ uses these data to track progress towards
maintaining the NAAQS, develop control and maintenance strategies,
identify sources and general emission levels, and determine compliance
with emission regulations and additional EPA requirements. KY DAQ meets
these requirements through KY DAQ 401 KAR 50:050 Monitoring. These
requirements are incorporated into the SIP at Chapter 50 General
Administrative Procedures allows for the use of credible evidence in
the event that the KY DAQ Director has evidence that a source is
violating an emission standard or permit condition, the Director may
require that the owner or operator of any source submit to the Director
any information necessary to determine the compliance status of the
source. In addition, EPA is unaware of any provision preventing the use
of credible evidence in the Kentucky SIP.
    In addition, Kentucky is required to submit emissions data to EPA
for purposes of the National Emissions Inventory (NEI). The NEI is
EPA's central repository for air emissions data. EPA published the Air
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the
requirements for collecting and reporting air emissions data. See 73 FR
76539. The AERR shortened the time states had to report emissions data
from 17 to 12 months, giving states one calendar year to submit
emissions data. All states are required to submit a comprehensive
emissions inventory every three years and report emissions for certain
larger sources annually through EPA's online Emissions Inventory
System. States report emissions data for the six criteria pollutants
and the precursors that form them--NOX, sulfur dioxide,
ammonia, lead, carbon monoxide, particulate matter, and volatile
organic compounds. Many states also voluntarily report emissions of
hazardous air pollutants. Kentucky made its latest update to the 2013
NEI on November 11, 2014. EPA compiles the emissions data,
supplementing it where necessary, and releases it to the general public
through the Web site http://www.epa.gov/ttn/chief/eiinformation.html.
EPA has made the preliminary determination that Kentucky's SIP and
practices are adequate for the stationary source monitoring systems
obligations for the 2008 Lead NAAQS.
    7. 110(a)(2)(G) Emergency episodes: This section requires that
states demonstrate authority comparable with section 303 of the CAA and
adequate contingency plans to implement such authority. Kentucky's
infrastructure SIP submission cites 401 KAR Chapter 55 Emergency
Episodes as identifying air pollution emergency episodes and preplanned
abatement strategies, and providing the means to implement emergency
air pollution episode measures. Conditions justifying the proclamation
of an air pollution alert, air pollution warning, or air pollution
emergency shall be deemed to exist whenever the cabinet determines that
the accumulation of air contaminants in any place is attaining or has
attained levels which could, if such levels are sustained or exceeded,
present a threat to the health of the public. The intent of this
administrative regulation is to provide for the curtailment or
reduction of processes or operations which emit an air contaminant or
an air contaminant precursor whose criteria has been reached and are
located in the affected area for which an episode level has been
declared. This rule defines what an episodic criteria is and the
procedure for an episode declaration. In addition, KRS 224.10-410
provides: ``Notwithstanding any inconsistent provisions of law,
whenever the Secretary of the Energy and Environment Cabinet finds,
after investigation, that any person or combination of persons is
causing, engaging in or maintaining a condition or activity which, in
his judgment, presents a danger to the health or welfare of the people
of the state or results in or is likely to result in damage to natural
resources, and relates to the prevention and abatement powers of the
secretary and it therefore appears to be prejudicial to the interests
of the people of the state to delay action until an opportunity for a
hearing can be provided, the secretary may, without prior hearing,
order such person or combination of persons by notice, in writing
wherever practicable or in such other form as in the secretary's
judgment will reasonably notify such person or combination of persons
whose practices are intended to be proscribed, to discontinue, abate or
alleviate such condition or activity, and thereupon such person or
combination of persons shall immediately discontinue, abate or
alleviate such condition or activity. As soon as possible thereafter,
not to exceed ten (10) days, the secretary shall provide the person or
combination of persons an opportunity to be heard and to present proof
that such condition or activity does not violate the provisions of this
section. The secretary shall adopt any other appropriate rules and
regulations prescribing the procedure to be followed in the issuance of
such orders. The secretary shall immediately notify the Governor of any
order issued pursuant to this section.'' EPA has made the preliminary
determination that Kentucky's SIP and practices are adequate to satisfy
the emergency powers obligations of the 2008 Lead NAAQS.
    8. 110(a)(2)(H) Future SIP revisions: KY DAQ is responsible for
adopting air quality rules and revising SIPs as needed to attain or
maintain the NAAQS in Kentucky. 401 KAR Chapter 53 Ambient Air Quality
and Chapter 51 Attainment and Maintenance of the National Ambient Air
Quality Standards grant KY DAQ the broad authority to implement the
CAA, and as such, provides KY DAQ the authority to prepare and develop,
after proper study, a comprehensive plan for the prevention of air
pollution. These statutes also provide KY DAQ the ability and authority
to respond to calls for SIP revisions, and has provided a number of SIP
revisions over the years for implementation of the NAAQS. Accordingly,
EPA has made the preliminary determination that Kentucky's SIP and
practices adequately demonstrate a commitment to provide future SIP
revisions related to the 2008 Lead NAAQS, when necessary.
    9. 110(a)(2)(J): EPA is proposing to approve Kentucky's
infrastructure SIP for the 2008 Lead NAAQS with respect to the general
requirement in section 110(a)(2)(J) to include a program in the SIP
that provides for meeting the applicable consultation requirements of
section 121, the public notification requirements of section 127, and
visibility protection. With respect to Kentucky's infrastructure SIP
submission related to the preconstruction PSD permitting requirements
of section 110(a)(2)(J), EPA took final action to approve Kentucky's
July 17, 2012, 2008 Lead infrastructure SIP for these requirements on
March 18, 2015. See 80 FR 14019. EPA's rationale for applicable
consultation requirements of section 121, the public notification
requirements of section 127, and visibility is described below.
    Consultation with government officials (121 consultation): Section
110(a)(2)(J) of the CAA requires states to provide a process for
consultation with local governments, designated organizations and
federal land managers (FLMs) carrying out NAAQS implementation
requirements pursuant to section 121 relative to consultation. 401 KAR
52 Permits, Registrations, and Prohibitory Rules along with the
Regional Haze SIP Plan (which allows

for consultation between appropriate state, local, and tribal air
pollution control agencies as well as the corresponding FLMs), provide
for consultation with government officials whose jurisdictions might be
affected by SIP development activities. Implementation of
transportation conformity as outlined in the consultation procedures
requires KY DAQ to consult with federal, state and local transportation
and air quality agency officials on the development of motor vehicle
emissions budgets. EPA has made the preliminary determination that
Kentucky's SIP and practices adequately demonstrate that the State
meets applicable requirements related to consultation with government
officials for the 2008 Lead NAAQS when necessary.
    Public notification (127 public notification): To meet the public
notification requirements of section 110(a)(2)(J), statutes 401 KAR 51
Attainment and Maintenance of the National Ambient Air Quality
Standards and 401 KAR 52 Permits, Registrations provides Kentucky with
the authority to declare an emergency and notify the public accordingly
when it finds t a generalized condition of water or air pollution which
is causing imminent danger to the health or safety of the public. For
example, 401 KAR 52:100. Public, Affected State, and U.S. EPA Review of
the Kentucky SIP process affords the public an opportunity to
participate in regulatory and other efforts to improve air quality by
holding public hearings for interested persons to appear and submit
written or oral comments. EPA also notes that KY DAQ maintains a Web
site that provides the public with notice of the health hazards
associated with Lead NAAQS exceedances, measures the public can take to
help prevent such exceedances, and the ways in which the public can
participate in the regulatory process. See http://air.ky.gov/Pages/default.aspx.
    EPA has made the preliminary determination that Kentucky's SIP and
practices adequately demonstrate the State's ability to provide public
notification related to the 2008 Lead NAAQS when necessary.
    Visibility Protection: The 2011 Lead Infrastructure SIP Guidance
notes that EPA does not generally treat the visibility protection
aspects of section 110(a)(2)(J) as applicable for purposes of the
infrastructure SIP approval process. EPA recognizes that states are
subject to visibility protection and regional haze program requirements
under Part C of the Act (which includes sections 169A and 169B).
However, in the event of the establishment of a new primary NAAQS, the
visibility protection and regional haze program requirements under part
C do not change. EPA thus does not expect states to address visibility
in lead infrastructure submittals. Thus, EPA concludes there are no new
applicable visibility protection obligations under section 110(a)(2)(J)
as a result of the 2008 Lead NAAQS. Accordingly, EPA is proposing to
approve section 110(a)(2)(J) of KY DAQ's infrastructure SIP submission
with respect to visibility.
    EPA has made the preliminary determination that Kentucky's SIP and
practices adequately demonstrate the State's ability to meet the
requirements of section 110(a)(2)(J) to include a program in the SIP
that provides for meeting the applicable requirements of section 121
(consultation), section 127 public notification, and visibility
protection.
    10. 110(a)(2)(K) Air quality modeling/data: Section 110(a)(2)(K) of
the CAA requires that SIPs provide for performing air quality modeling
so that effects on air quality of emissions from NAAQS pollutants can
be predicted and submission of such data to the USEPA can be made. 401
KAR Chapter 50 General Administrative Procedures require that air
modeling be conducted in accordance with 40 CFR part 51, appendix W
``Guideline on Air Quality Models.'' These regulations demonstrate that
Kentucky has the authority to perform air quality modeling and to
provide relevant data for the purpose of predicting the effect on
ambient air quality of the 2008 Lead NAAQS. Additionally, Kentucky
supports a regional effort to coordinate the development of emissions
inventories and conduct regional modeling for several NAAQS, including
the 2008 Lead NAAQS, for the Southeastern states. Taken as a whole,
Kentucky's air quality regulations demonstrate that KY DAQ has the
authority to provide relevant data for the purpose of predicting the
effect on ambient air quality of the 2008 Lead NAAQS. EPA has made the
preliminary determination that Kentucky's SIP and practices adequately
demonstrate the State's ability to provide for air quality and
modeling, along with analysis of the associated data, related to the
2008 Lead NAAQS when necessary.
    11. 110(a)(2)(L) Permitting fees: This element necessitates that
the SIP require the owner or operator of each major stationary source
to pay to the permitting authority, as a condition of any permit
required under the CAA, a fee sufficient to cover (i) the reasonable
costs of reviewing and acting upon any application for such a permit,
and (ii) if the owner or operator receives a permit for such source,
the reasonable costs of implementing and enforcing the terms and
conditions of any such permit (not including any court costs or other
costs associated with any enforcement action), until such fee
requirement is superseded with respect to such sources by the
Administrator's approval of a fee program under title V.
    To satisfy these requirements, Kentucky Regulation 401 KAR 50:038
Air Emissions Fee, and the Title V Operating Permit Program
Implementation Protocol dated August 13, 1999, is how KY DAQ collects
adequate emission fees related to the cost of administering the air
quality program mandated under Title V of the CAA Amendments of 1990
(Public Law 101-549, as amended). Funds collected in support of the
program are used in support of review, implementation, and enforcement
of PSD/NNSR permits. The Title V program takes over for the PSD/NNSR
permit once the source begin operating. EPA has made the preliminary
determination that Kentucky's practices adequately provide for
permitting fees related to the 2008 Lead NAAQS, when necessary.
    12. 110(a)(2)(M) Consultation/participation by affected local
entities: This element requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP. 401 KAR 52 Permits, Registrations authorize and
require KY DAQ to advise, consult, cooperate and enter into agreements
with other agencies of the state, the Federal Government, other states,
interstate agencies, groups, political subdivisions, and industries
affected by the provisions of this act, rules, or policies of the
department. EPA has made the preliminary determination that Kentucky's
SIP and practices adequately demonstrate consultation with affected
local entities related to the 2008 Lead NAAQS, when necessary.

V. Proposed Action

    With the exception of the PSD permitting requirements for major
sources contained in sections 110(a)(2)(C), prong 3 of (D)(i), and (J),
EPA is proposing to approve that KY DAQ's infrastructure SIP
submission, submitted July 17, 2012, for the 2008 Lead NAAQS meets the
above described infrastructure SIP requirements. EPA is proposing to
approve these portions of Kentucky's infrastructure SIP submission for
the 2008 Lead NAAQS because these aspects of the submission are
consistent with section 110 of the CAA.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the Kentucky SIP is not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.

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

    Dated: July 14, 2015.
 Heather Mc Teer Toney,
 Regional Administrator, Region 4.
[FR Doc. 2015-18613 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84199-84201]
[FR Doc No: 2020-28406]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0796; Project Identifier MCAI-2020-00902-T;
Amendment 39-21367; AD 2020-26-12]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Gulfstream Aerospace LP Model Gulfstream G280 airplanes. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in a Civil Aviation Authority of Israel (CAAI) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective February 1, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 1,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, The
Civil Aviation Authority of Israel (CAAI), P.O. Box 1101, Golan Street,
Airport City, 70100, Israel; phone: 972-3-9774665; fax: 972-3-9774592;
email<EMAIL_ADDRESS>You may find this IBR material on the CAAI
website at https://www.caa.gov.il. You may view this IBR material at
the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0796.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0796; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The CAAI, which is the aviation authority for Israel, has issued
CAAI AD ISR-I-04-2020-06-02, dated June 28, 2020 (CAAI AD ISR-I-04-
2020-06-02) (also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for all
Gulfstream Aerospace LP Model Gulfstream G280 airplanes. Airplanes with
an original airworthiness certificate or original export certificate of
airworthiness issued after September 15, 2019, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Gulfstream
Aerospace LP Model Gulfstream G280 airplanes. The NPRM published in the
Federal Register on September 16, 2020 (85 FR57799). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in CAAI AD ISR-I-04-2020-06-02.
    The FAA is issuing this AD to address solder cracking of the flight
control electronic control units (FCECUs), which, combined with latent
failure of the horizontal stabilizer trim actuator (HSTA) ``no-back''
mechanism, could result in uncontrolled HSTA operation. See the MCAI
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    CAAI AD ISR-I-04-2020-06-02 describes new or more restrictive
airworthiness limitations for airplane structures and safe life limits.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 160 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action

takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2020-26-12 Gulfstream Aerospace LP: Amendment 39-21367; Docket No.
FAA-2020-0796; Project Identifier MCAI-2020-00902-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Gulfstream Aerospace LP Model Gulfstream
G280 airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before September 15, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address solder cracking of the flight control
electronic control units (FCECUs), which, combined with latent
failure of the horizontal stabilizer trim actuator (HSTA) ``no-
back'' mechanism, could result in uncontrolled HSTA operation.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Civil Aviation Authority of Israel (CAAI) AD ISR-I-
04-2020-06-02, dated June 28, 2020 (CAAI AD ISR-I-04-2020-06-02).

(h) Exceptions to CAAI AD ISR-I-04-2020-06-02

    (1) Where CAAI AD ISR-I-04-2020-06-02 refers to its effective
date, this AD requires using the effective date of this AD.
    (2) Where CAAI AD ISR-I-04-2020-06-02 refers to the date of its
issuance, this AD requires using the effective date of this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of CAAI AD
ISR-I-04-2020-06-02.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or CAAI; or CAAI's
authorized Designee. If approved by the CAAI Designee, the approval
must include the Designee's authorized signature.

(k) Related Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) The Civil Aviation Authority of Israel (CAAI) AD ISR-I-04-
2020-06-02, dated June 28, 2020.
    (ii) [Reserved]
    (3) For CAAI AD ISR-I-04-2020-06-02, contact the CAAI, P.O. Box
1101, Golan Street, Airport City, 70100, Israel; phone: 972-3-
9774665; fax: 972-3-9774592; email<EMAIL_ADDRESS>You may find
this IBR material on the CAAI website at https://www.caa.gov.il.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0796.

    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-28406 Filed 12-23-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14455-14456]
[FR Doc No: 2018-06895]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP18-514-000.
    Applicants: UGI Mt. Bethel Pipeline Company, LLC.
    Description: Annual Retainage Adjustment Filing of UGI Mt. Bethel
Pipeline Company, LLC.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5278.
    Comments Due: 5 p.m. ET 4/5/18.

    Docket Numbers: RP17-322-002.
    Applicants: Golden Triangle Storage, Inc.
    Description: Compliance filing Compliance Filing Pursuant to
February 2018 Order in Docket No. RP17-322-001 to be effective 5/1/
2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5065.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-594-000.
    Applicants: ANR Storage Company.
    Description: Sec.  4(d) Rate Filing: Seller's Use--Fuel Filing 2018
to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5063.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-595-000.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Mississippi Canyon Section-
Based Baseline Tariff to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5077.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-596-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 032818 Negotiated Rates--
Mercuria Energy America, Inc. R-7540-14 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5087.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-597-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 032818 Negotiated Rates--
Mercuria Energy America, Inc. R-7540-15 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5088.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-598-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmt
(Devon 10-18) to be effective 3/28/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5089.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-600-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Garden Banks Section-Based
Baseline Tariff to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5117.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-601-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Conoco Apr 18) to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5135.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-602-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement (EOG
April 2018) to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5149.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-603-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement
Update Filing (Noble) to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5150.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-604-000.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Tariff Cancellation: Mississippi Canyon Cancellation
of Sheet-Based Tariff to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5151.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-606-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Tariff Cancellation: Garden Banks Cancellation of
Sheet-Based Tariff to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5153.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-608-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Sequent
contract 911362 eff 4-1-2018 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5212.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-609-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Exelon
8950516 eff 4-1-2018 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5218.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-610-000.
    Applicants: Northern Border Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Compressor Usage Surcharge
2018 to be effective 5/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5221.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-611-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--EDF Contract
8950432 eff 4/1/2018 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5222.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-612-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--DTE contract
796213 to be effective 4/1/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5228.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-613-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Update to Fuel Exemption Route
Filing to be effective 4/27/2018.
    Filed Date: 3/28/18.
    Accession Number: 20180328-5231.
    Comments Due: 5 p.m. ET 4/9/18.

    Docket Numbers: RP18-614-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing-
Castleton Commodities Merchant Trading to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5000.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-615-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Agreement--

Mercuria LPS 4/1/2018 to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5005.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-616-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Agreement--Revised Peoples AVC FTS Agreement to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5006.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-617-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate Agmt Filing (KU
35799) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5009.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-618-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (FPL
41618 to DTE 49073) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5010.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-619-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Neg Rate Agmt and Amendment
Filing (FPL 48381, 48381-1) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5011.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-620-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta 8438 to various eff 4/1/18) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5012.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-622-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmt
(TVA 35342) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5016.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-623-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (XTO
1846 to SW Energy 1954, 1955) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5017.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-624-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Atmos
45527 to CenterPoint 49258) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5020.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-625-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (BHP
31591 to Tenaska 37046) to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5021.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-626-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--NJR 911491
eff 4/1/2018 to be effective 4/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5043.
    Comments Due: 5 p.m. ET 4/10/18.

    Docket Numbers: RP18-627-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Sec.  4(d) Rate Filing: GTS Section 11 Tariff Filing
to be effective 5/1/2018.
    Filed Date: 3/29/18.
    Accession Number: 20180329-5065.
    Comments Due: 5 p.m. ET 4/10/18.

    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: March 29, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-06895 Filed 4-3-18; 8:45 am]
 BILLING CODE 6717-01-P