[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Proposed Rules]
[Pages 2100-2104]
[FR Doc No: 2018-00474]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2017-0613; FRL-9972-95-OLEM]

Oklahoma: Approval of State Coal Combustion Residuals State
Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment.

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

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is proposing to
approve the application submitted by the Oklahoma Department of
Environmental Quality to allow the Oklahoma Coal Combustion Residuals
(CCR) state permit program to operate in lieu of the Federal CCR
program. EPA has preliminarily determined that Oklahoma's program meets
the standard for approval under RCRA. Once approved, the State program
requirements and resulting permit provisions will be subject to EPA's
inspection and enforcement authorities under RCRA and other applicable
statutory and regulatory provisions as discussed below. This notice
also announces that EPA is seeking comment on this proposal during a
45-day public comment period, and is providing an opportunity to
request a public hearing within the first 15 days of this comment
period.

DATES: Comments must be received on or before March 2, 2018. In
addition, a public hearing request must be submitted on or before
January 31, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2017-0613, at https://www.regulations.gov or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Jackson, Office of Resource
Conservation and Recovery, Environmental Protection Agency; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. General Information

A. Overview of Proposed Actions

    EPA is proposing to approve Oklahoma's CCR state permit program
application, pursuant to RCRA 4005(d)(1)(B). Oklahoma's proposed
program would allow the Oklahoma Department of Environmental Quality
(ODEQ) to enforce rules promulgated under its solid waste statute
related to CCR activities in non-Indian Country, as well as to handle
permit applications and to enforce permit violations. If approved,
Oklahoma's CCR permit program will operate in lieu of the Federal CCR
program, codified at 40 CFR part 257, subpart D.
    This notice also announces that EPA is seeking comment on this
proposal, and providing an opportunity to request a public hearing on
whether the State's program is at least as protective as the federal
program. If there is significant interest shown in holding a public

hearing EPA will then hold a public hearing. Please submit any request
for a public hearing within the first 15 days of the public comment
period through the Contact Us form on the following web page: (https://www.epa.gov/coalash). If the desire for a public hearing is
demonstrated EPA will hold the hearing at the Oklahoma Department of
Environmental Quality building located at 707 N Robinson Ave., Oklahoma
City, OK on February 13, 2018 starting at 9 a.m. EPA will post a
confirmation of the public hearing in the docket and on the EPA CCR
website (https://www.epa.gov/coalash) providing information for the
hearing.
    EPA has also engaged federally-recognized Tribes within the State
of Oklahoma in consultation and coordination regarding the program
authorizations for ODEQ. EPA has established opportunities for formal
as well as informal discussion throughout the consultation period,
beginning with an initial conference call on October 19, 2017. Tribal
consultation will be conducted in accordance with the EPA policy on
Consultation and Coordination with Indian Tribes (https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf).

B. Background

    CCR are generated from the combustion of coal, including solid
fuels classified as anthracite, bituminous, subbituminous, and lignite,
for the purpose of generating steam for the purpose of powering a
generator to produce electricity or electricity and other thermal
energy by electric utilities and independent power producers. CCR
includes fly ash, bottom ash, boiler slag, and flue gas desulfurization
materials. CCR can be sent off-site for disposal or beneficial use or
disposed in on-site landfills or surface impoundments.
    On April 17, 2015, EPA published a final rule, creating 40 CFR part
257, subpart D, that established a comprehensive set of minimum
requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302). The rule created a self-implementing
program which regulates the location, design, operating criteria, and
groundwater monitoring and corrective action for CCR disposal, as well
as regulating the closure and post-closure care of CCR units and
requiring recordkeeping and notifications for CCR units. The
regulations do not cover the ``beneficial use'' of CCR as that term is
defined in Sec.  257.53.

C. Statutory Authority

    EPA is issuing this proposed determination pursuant to section RCRA
sections 4005(d) and 7004(b)(1). See 42 U.S.C. 6945(d), 6974(b)(1).
    Section 2301 of the 2016 Water Infrastructure Improvements for the
Nation (WIIN) Act amended Section 4005 of the Resource Conservation and
Recovery Act (RCRA), creating a new subsection (d) that establishes a
Federal permitting program similar to those under RCRA subtitle C and
other environmental statutes. See 42 U.S.C. 6945(d). Under the WIIN
Act, states may develop and submit a CCR permit program to EPA for
approval; once approved the state permit program operates in lieu of
the Federal requirements. See 42 U.S.C. 6945(d)(1)(A).
    To become approved, the statute requires that a State provide
``evidence of a permit program or other system of prior approval and
conditions under State law for regulation by the State of coal
combustion residuals units that are located in the State.'' See 42
U.S.C. 6945(d)(1)(A). In addition, the statute directs that the State
submit evidence that the program meets the standard in section
4005(d)(1)(B), i.e., that it will require each coal combustion
residuals unit located in the State to achieve compliance with either:
(1) The Federal CCR requirements at 40 CFR part 257, subpart D; or (2)
other State criteria that the Administrator, after consultation with
the State, determines to be at least as protective as the Federal
requirements. See 42 U.S.C. 6945(d)(1)(B). EPA has 180 days from
receiving a complete application to make a final determination, and
must provide public notice and an opportunity for public comment. See
42 U.S.C. 6945(d)(1)(B).
    To receive EPA approval, EPA must determine that the state program
requires each CCR unit located in the state to achieve compliance
either with the requirements of 40 CFR part 257, subpart D, or with
state criteria that EPA determines (after consultation with the State)
to be at least as protective as the requirements of 40 CFR part 257,
subpart D. See 42 U.S.C. 6945(d)(1)(B). EPA may approve a proposed
state permit program in whole or in part. Id.
    Once a program is approved, EPA must review the program at least
every 12 years, as well as no later than 3 years after a revision to an
applicable section of 40 CFR part 257, subpart D, or 1 year after any
unauthorized significant release from a CCR unit located in the state.
See 42 U.S.C. 6945(d)(1)(D)(i)(I)-(III). EPA also must review a program
at the request of another state alleging that the soil, groundwater, or
surface water of the requesting state is or is likely to be adversely
affected by a release from a CCR unit in the approved state. See 42
U.S.C. 6945(d)(1)(D)(i)(IV).
    In a state with an approved CCR program, EPA may commence
administrative or judicial enforcement actions under RCRA Sec.  3008 if
the state requests assistance or if the EPA determines that an EPA
enforcement action is likely to be necessary to ensure that a CCR unit
is operating in accordance with the criteria of the permit program. See
42 U.S.C. 6945(d)(4).

II. Oklahoma's Application

    ODEQ issued a Notice of Rulemaking Intent related to its proposed
CCR program and accepted public comments from December 1, 2015 through
January 13, 2016. ODEQ then published an Executive Summary rulemaking
document that included the public comments received and the ODEQ
responses.
    In September 2016, ODEQ promulgated Oklahoma Administrative Code
(OAC) Title 252 Chapter 517 Disposal of Coal Combustion Residuals from
Electric Utilities, establishing its CCR program. OAC 252:517
incorporates all of the federal regulations at 40 CFR part 257, subpart
D, with some minor modifications as discussed below.
    On July 31, 2017 Oklahoma submitted to EPA its initial application.
The State supplemented its original application on October 18, 2017.
EPA determined that the application was complete and notified Oklahoma
of its determination by letter dated December 21, 2017.\1\
---------------------------------------------------------------------------

    \1\ ODEQ's initial CCR permit program application, subsequent
supplementation, and EPA's determination of completeness letter are
available in the docket supporting this proposal.
---------------------------------------------------------------------------

    EPA is aware of six CCR facilities currently in Oklahoma. Approval
of ODEQ's CCR application would allow the ODEQ regulations to apply to
those existing CCR units as well as any future CCR units not located in
Indian country in lieu of the Federal requirements.
    EPA is not aware of any existing CCR units in Indian country within
Oklahoma, but EPA will maintain sole authority to regulate and permit
CCR units in Indian country, meaning formal and informal reservations,
dependent Indian communities, and Indian allotments, whether restricted
or held in trust by the United States.

III. EPA Analysis of Oklahoma's Application

    As discussed in Section I.C. of this notice, the statute requires
EPA to evaluate two components of a state program to determine whether
it meets the standard for approval. First, EPA is to evaluate the
adequacy of the permit program (or other system of prior approval and
conditions) itself. See 42 U.S.C. 6945(d)(1)(A). Second, EPA is to
evaluate the adequacy of the technical criteria that will be included
in each permit, to determine whether they are the same as the federal
criteria, or to the extent they differ, whether the modified criteria
are ``at least as protective as'' the federal requirements. See 42
U.S.C. 6945(d)(1)(B). Only if both components meet the statutory
requirements may EPA approve the program. See 42 U.S.C. 6945(d)(1).
    On that basis, EPA conducted an analysis of ODEQ's application,
including a thorough analysis of OAC 252:517 and its adoption of 40 CFR
part 257, subpart D. Based on this analysis, EPA has preliminarily
determined that ODEQ's submitted CCR permit program meets the standard
for approval in section 4005(d)(1)(A) and (B). EPA is therefore
proposing to approve Oklahoma's application. Oklahoma's program
contains all the elements of the federal rule, including requirements
for location restrictions, design and operating criteria, groundwater
monitoring and corrective action, closure requirements and post-closure
care, recordkeeping, notification and internet posting requirements. It
also contains state-specific language, references and state-specific
requirements that differ from the federal rule, which EPA has
preliminarily determined to be at least as protective as the Federal
criteria. EPA's analysis and preliminary findings are discussed in
greater detail below and in the Technical Support Document.
    Non-substantive changes include language inserts and deletions to
enable the ODEQ to permit CCR units and enforce the Oklahoma rule. The
revisions include: The removal of statements regarding national
applicability; the inclusion of language to require submittal and
approval of plans to ODEQ; the inclusion of permitting provisions to
allow the ODEQ to administer the CCR rules in the context of a
permitting program; the inclusion of state-specific location
restrictions; the inclusion of procedures for subsurface investigation;
the inclusion of provisions addressing cost estimates and financial
assurance.
    Throughout Oklahoma's Chapter 517 rules, references for tribal
notifications and/or approval that appear in the federal rule have been
deleted along with the terms ``Indian Country,'' ``Indian Lands,'' and
``Indian Tribe.'' EPA will retain sole authority to regulate and permit
CCR units in Indian country as defined in 18 U.S.C. 1151, which
includes reservations, dependent Indian communities, and Indian
allotments, whether restricted or held in trust by the United States.
EPA treats as reservations trust lands validly set aside for the use of
a tribe even if the trust lands have not been formally designated as a
reservation. See, e.g., Oklahoma Tax Commission vs. Citizen Band
Potawatomi Indian Tribe of Oklahoma, 498 U.S. 505, 511 (1991).

A. Adequacy of Oklahoma's Permit Program

    RCRA section 4005(d)(1)(A) requires a State seeking program
approval to submit to EPA an application with ``evidence of a permit
program or other system of prior approval and conditions under State
law for regulation by the State of coal combustion residuals units that
are located in the State.''
    RCRA section 4005(d)(1)(A) does not require EPA to promulgate
regulations for determining the adequacy of State programs. EPA is
therefore relying in large measure on the existing regulations in 40
CFR part 239, Requirements for State Permit Program Determination of
Adequacy, on the statutory requirements for public participation in
RCRA Section 7004, and on the Agency's experience in reviewing and
approving State programs in general. However, in order to aid States in
developing their programs and to provide a clear statement of how, in
EPA's judgment, the existing regulations and statutory requirements in
both 4005(d) and 7004 apply to state CCR programs, on August 15, 2017
EPA announced the availability of an interim final Guidance for Coal
Combustion Residuals State Permit Programs (82 FR 38685). This guidance
outlines the process and procedures EPA generally intends to use to
review and make determinations on State CCR permit programs. EPA
evaluated the adequacy of ODEQ's permit program based on the statutory
requirements and EPA's interpretation of the regulatory requirements. A
summary of EPA's findings are below, organized by the program elements
identified in the Part 239 regulations and the guidance document; our
detailed analysis of the submitted State program can be found in the
Technical Support Document which is included in the docket for this
proposal.
1. Permitting Guidelines
    Based on section 7004 and on the part 239 regulations, it is EPA's
judgment (as expressed in the interim final guidance) that an adequate
permitting program will provide for public participation by ensuring
that: Documents for permit determinations are made available for public
review and comment; final determinations on permit applications are
made known to the public; and public comments on permit determinations
are considered.
    All environmental permit and modification applications in Oklahoma
are subject to the Oklahoma Uniform Environmental Permitting Act (UEPA)
and the permitting rules promulgated to carry out UEPA. UEPA classifies
all permit applications into three tiers that determine the level of
public participation and administrative review the permit application
will receive. See OAC 252:4-7-2. Oklahoma classifies solid waste
management applications, including CCR applications, into their
respective tiers at OAC 252:4-7-58 through 60. All permit documents,
regardless of tier, are available for review and copying. OAC 252:4-1-
5.
    Oklahoma describes the Tier I program as ``the category for those
things that are basically administrative decisions which can be made by
a technical supervisor with no public participation except for the
landowner.'' OAC 252:4-7-2. The Tier I permit application requires an
application, notice to the landowner, and Department review. 27A O.S.
Sec.  2-14-103(9). Only applications for minor modifications, lateral
expansions within the permit boundary below a certain capacity, and
approval of technical plans fall within the Tier I category. OAC 252:4-
7-58.
    The Tier II permit application process expands upon the Tier I
requirements to include published notice of the application filing and
published notice of the draft permit or denial and opportunity for a
public meeting. 27A O.S. Sec.  2-14-103(10). The Tier II process covers
new permits for on-site CCR disposal units and more substantial
modifications to existing facilities beyond Tier I. OAC 252:4-7-59.
    The Tier III permit application process includes the requirements
of Tiers I and II and adds notice of an opportunity for a process
meeting, response to public comments, and notice of an opportunity for
an administrative permit hearing. 27A O.S. Sec.  2-14-103(11). The Tier
III process covers new permits for off-site disposal

units and permits for some significant modifications to off-site
disposal units. OAC 252:4-7-60.
    UEPA provides for public notice and review of permit applications
and significant permit modifications through its Tier II and III
programs. Tier II and III programs also provide the opportunity for
public hearing, and, in the case of Tier III applications, the
opportunity for an administrative hearing. These programs appear to
provide adequate opportunities for public participation in the
permitting process, and the application of UEPA to the CCR permitting
program is consistent with Oklahoma's practice across environmental
programs. Permit and modification applications for CCR facilities fall
under the existing solid waste management application at OAC 252:4-7-58
through 60, and those classifications are used for Oklahoma's
authorized Municipal Solid Waste Landfill program.
2. Guidelines for Compliance Monitoring Authority
    Based on the part 239 regulations, it is EPA's judgment (as
expressed in the interim final guidance), that a state's application
for permit program approval should demonstrate that the state has the
authority to gather information about compliance, perform inspections,
and ensure that information it gathers is suitable for enforcement.
    ODEQ has compliance monitoring authority under 27A O.S. Sec.  2-3-
501, allowing for inspections, sampling, information gathering, and
other investigation. This authority extends to ODEQ's proposed CCR
permit program and would provide the authority to adequately gather
information for enforcement.
3. Guidelines for Enforcement Authority
    Further, based on the part 239 regulations, it is EPA's judgment
(as expressed in the interim final guidance), that a state's
application for permit program approval should demonstrate that the
state has authority to administer RCRA Sec.  4005(c)(1)(B) and (C)
programs to have adequate enforcement authority to administer those
programs, including: The authority to restrain any person from engaging
in activity which may damage human health or the environment, the
authority to sue to enjoin prohibited activity, and the authority to
sue to recover civil penalties for prohibited activity.
    ODEQ appears to have adequate enforcement authority for its
existing programs under 27A O.S. Sec.  2-3-501-507 and that authority
extends to ODEQ's proposed CCR permit program.
4. Intervention in Civil Enforcement Proceedings
    Based on section 7004 and on the part 239 regulations, it is EPA's
judgment (as expressed in the interim final guidance) that a state
application for permit program approval should demonstrate that the
state provides adequate opportunity for citizen intervention in civil
enforcement proceedings through the requirements found in 40 CFR 239.9.
In general, those requirements state that the state must provide
authority to allow citizen intervention or provide assurance of (1) a
notice and public involvement process, (2) investigating and providing
responses about violations, and (3) not opposing intervention when
permitted by statute, rule, or regulation.
    ODEQ's CCR program appears to satisfy the civil intervention
requirement (40 CFR 239.9(a)) by allowing intervention by right. (see
12 OK Stat Sec.  12-2024). In addition, ODEQ's CCR program would
satisfy the requirements of 40 CFR 239.9(b) by providing a process to
respond to citizen complaints (see 27A O.S. Sec.  2-3-101,503) and by
not opposing citizen intervention when allowed by statute (see 27A O.S.
Sec.  2-7-133). ODEQ in meeting 40 CFR 239.9(b)(2) has an extremely
robust process for responding to citizen complaints. In 27A O.S. Sec.
2-3-101-F-1, The complaints program is responsible for intake
processing, mediation and conciliation of inquiries and complaints
received by the Department and which shall provide for the expedient
resolution of complaints within the jurisdiction of the Department. In
27A O.S. Sec.  2-3-503, if the Department undertakes an enforcement
action as a result of a complaint, the Department shall notify the
complainant of the enforcement action by mail. The State program in 27A
O.S. Sec.  2-3-503 offers the complainant an opportunity to provide
written information pertinent to the complaint within fourteen (14)
calendar days after the date of the mailing. The State's program also
goes further in 27A O.S. Sec.  2-3-104 that the complaints program
shall, in addition to the responsibilities specified by Section 2-3-101
of this title, refer, upon written request, all complaints in which one
of the complainants remains unsatisfied with the Department's
resolution of said complaint to an outside source trained in mediation.
It is clear that ODEQ takes public intervention seriously in
enforcement actions considering the additional elements of the State's
complaint process.
    EPA has preliminarily determined that these requirements allow a
minimum necessary level of citizen involvement in the enforcement
process.

B. Adequacy of Technical Criteria

    EPA has preliminarily determined that ODEQ's submitted CCR permit
program generally meets the standard for approval in RCRA section
4005(d)(1)(B)(i), as it will require each CCR unit located in Oklahoma
to achieve compliance with the applicable criteria for CCR units under
40 CFR part 257. To make this preliminary determination, EPA compared
ODEQ's proposed CCR permit program to 40 CFR part 257 to determine
whether it differed from the federal requirements, and if so, whether
those differences met the standard for approval in RCRA section
4005(d)(1)(B)(ii) and (C).
    Oklahoma has adopted all of the technical criteria at 40 CFR part
257, subpart D into its regulations at OAC Title 252 Chapter 517. While
ODEQ's CCR permit program also includes some modification of 40 CFR
part 257, subpart D, the majority of ODEQ's modifications were merely
those that were needed to allow the State to implement the part 257
criteria through a permit process. As mentioned above, the 40 CFR part
257, subpart D rules were meant to be implemented directly by the
regulated facility, without the oversight of any regulatory authority,
such as a state permitting program. For example, ODEQ removed 40 CFR
257.61(a)(2)(iv), which references the Marine Protection, Research, and
Sanctuaries Act requirements because Oklahoma does not have any coastal
or ocean environments which apply under the MPRSA regulations. EPA
considers these revisions to be ministerial, and as such, they do not
substantively modify the federal technical criteria.
    ODEQ also made a few minor changes to the 40 CFR 257, Subpart D
criteria. These changes reflect the integration of the CCR rules with
the responsibilities of other state agencies or state specific
conditions. There are a few minor changes that were made inadvertently
that will be changed by the State through another rulemaking, including
a typographic error in Chapter 517-9-4(g)(5) and removal of the words
``and the leachate collection and removal'' from 40 CFR 257.70(e). The
State has acknowledged these differences and has plans to correct any
errors. Additional changes include removal of the web link to EPA
publication SW-846 under the definition ``Representative Sample'' in 40
CFR 257.53; and the replacement of 40 CFR 257.91(e) with a reference to
the

Oklahoma Water Resources Board (OWRB) Section 785:35-7-2. After review
of this OWRB regulation, an EPA groundwater expert finds the Oklahoma
rules to be more stringent than the requirements under 40 CFR
257.91(e). EPA preliminarily finds these changes to be minor because
the key aspects of the CCR program including requirements for location
restrictions, design and operating criteria, groundwater monitoring and
corrective action, closure requirements and post-closure care,
recordkeeping, notification and internet posting requirements are not
substantially changed or reduced by the Oklahoma revisions and in one
example is more stringent. These changes do not keep the overall
program from being at least as protective as 40 CFR part 257, subpart
D. EPA's full analysis of Oklahoma's CCR permit program can be found in
the Technical Support Document (TSD) located in the docket for this
notice.

IV. Proposed Action

    In accordance with 42 U.S.C. 6945(d), EPA is proposing to wholly
approve ODEQ's CCR permit program application.

    Dated: January 3, 2018.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2018-00474 Filed 1-12-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51662-51663]
[FR Doc No: 2022-18147]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:
    Docket Numbers: EL19-58-014.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Motion for Action on Reserve
Compliance, Setting Effective Date, 5-Day Answer to be effective 10/1/
2022.
    Filed Date: 8/16/22.
    Accession Number: 20220816-5022.
    Comment Date: 5 p.m. ET 8/24/22.

    Docket Numbers: EL19-58-015.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Reinstating May 1, 2022 Effective
Langauge in Reserve Compliance to be effective 5/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5276.
    Comment Date: 5 p.m. ET 8/24/22.

    Take notice that the Commission received the following electric
rate filings: Docket Numbers: ER21-1046-002.
    Applicants: Sugar Creek Wind One LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Sugar Creek Wind One LLC to
be effective N/A.
    Filed Date: 8/16/22.
    Accession Number: 20220816-5184.
    Comment Date: 5 p.m. ET 9/6/22.
    Docket Numbers: ER21-2521-002.
    Applicants: Broadlands Wind Farm LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report_Broadlands Wind Farm LLC to
be effective N/A.
    Filed Date: 8/16/22.
    Accession Number: 20220816-5150.
    Comment Date: 5 p.m. ET 9/6/22.
    Docket Numbers: ER22-682-003.
    Applicants: Duke Energy Progress, LLC.
    Description: Compliance filing: Compliance Filing and Corrected
Version of Rate Schedule No. 200 to be effective 3/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5217.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2259-001.
    Applicants: Nebraska Public Power District, Southwest Power Pool,
Inc.
    Description: Tariff Amendment: Nebraska Public Power District
submits tariff filing per 35.17(b): Nebraska Public Power District
Amended Formula Rate Filing to be effective 9/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5002.
    Comment Date: 5 p.m. ET 8/30/22.
    Docket Numbers: ER22-2673-000.

    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation Re: SA No.
4264 (1st Rev) NITSA among PJM and AMP to be effective 8/16/2022.
    Filed Date: 8/16/22.
    Accession Number: 20220816-5143.
    Comment Date: 5 p.m. ET 9/6/22.

    Docket Numbers: ER22-2674-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Amendment: Notice of Cancellation: SA No.810
Powder River Energy Corp. to be effective 8/18/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5000.
    Comment Date: 5 p.m. ET 9/7/22.
    Docket Numbers: ER22-2675-000.
    Applicants: Sonoran West Solar Holdings, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 8/18/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5031.
    Comment Date: 5 p.m. ET 9/7/22.
    Docket Numbers: ER22-2676-000.
    Applicants: Southern California Edison Company.
    Description: Notice of Cancellation of Rate Schedule of Southern
California Edison Company.
    Filed Date: 8/12/22.
    Accession Number: 20220812-5240.
    Comment Date: 5 p.m. ET 9/2/22.

    Docket Numbers: ER22-2677-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
5591; Queue No. AE2-054 to be effective 1/22/2020.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5036.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2678-000.
    Applicants: Liberty Utilities (Granite State Electric) Corp.
    Description: Sec.  205(d) Rate Filing: Borderline Sales Annual Rate
Sheet Update Revised per PUC Order August 2022 to be effective 8/1/
2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5055.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2679-000.
    Applicants: Calhoun Solar Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 10/17/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5065.
    Comment Date: 5 p.m. ET 9/7/22.
    Docket Numbers: ER22-2680-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Greenlee Substation
Interconnection Agreement to be effective 10/17/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5117.
    Comment Date: 5 p.m. ET 9/7/22.
    Docket Numbers: ER22-2681-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Double Run Solar Amended and
Restated LGIA Filing to be effective 8/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5134.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2682-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: DG&T Amended Agmt Re SS of
Ancillary Serv Sched 5 and/or 6 to be effective 8/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5188.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2683-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2022-08-17 Transferred
Frequency Response--City of Seattle to be effective 12/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5202.
    Comment Date: 5 p.m. ET 9/7/22.

    Docket Numbers: ER22-2684-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2022-08-17 Transferred
Frequency Response--Tucson to be effective 12/1/2022.
    Filed Date: 8/17/22.
    Accession Number: 20220817-5230.
    Comment Date: 5 p.m. ET 9/7/22.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-18147 Filed 8-22-22; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 18, 2005

NOTICE OF ACTION TAKEN – DOCKET OST 2004-20451

________________________________________________________________________
___________________________________________________

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

Applicant:  POLYNESIAN LIMITED						Date Filed:  February 18, 2005

Relief requested:  Exemption from 49 U.S.C. § 40109(g) to permit the
applicant to carry persons, property and mail, between Pago Pago,
American Samoa, and the Manu’a Islands, American Samoa, for a period
of 10 days beginning February 18, 2005.  The applicant asserts that the
Government of American Samoa has, in the wake of Cyclone Olaf, asked to
charter the applicant’s aircraft in order to deliver emergency relief
supplies and conduct any necessary medical evacuations.  The applicant
further asserts that, in light of the critical need for service, the
U.S. carrier currently serving American Samoa (Inter Island Airways) may
lack the capacity to relieve the immediate need for relief and medical
evacuations.  Polynesian accompanied its application with a letter of
support from the Governor of American Samoa.

Applicant representative:  Charles F. Donley II,<PHONE_NUMBER>        DOT
analyst:  Brian J. Hedberg,<PHONE_NUMBER>

Responsive pleadings:  The applicant polled all carriers listed in the
certificate of service to its application.  All stated that they did not
oppose the request.  Inter Island Airways submitted a letter expressly
confirming its non-objection to Polynesian’s emergency exemption
request.

Statutory Standards:  Under 49 U.S.C. § 40109(g), we may authorize a
foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under

49 U.S.C. § 41102; that all possible efforts have been made to place
the traffic on U.S. carriers; and that the transportation is necessary
to avoid unreasonable hardship to the traffic involved (an additional
required finding, concerning emergency transportation during labor
disputes, was not relevant here).

DISPOSITION

Action:  Approved.
                                              Action date:  February 18,
2005

Basis for approval:  Taking into account the current record, we are
granting Polynesian Limited’s request to carry persons, property, and
mail, within American Samoa, for a period of 10 days, that is, through
February 28, 2005.

In acting favorably on this unopposed request for emergency cabotage
authority, we find that Polynesian Limited’s request meets all the
relevant criteria of 49 U.S.C. § 40109(g) for the grant of an exemption
of this type, and that such favorable action is required in the public
interest.  The devastation created by Cyclone Olaf, and the resulting
need for emergency air carrier service specifically invoked by the
Government of American Samoa, clearly constitute an emergency created by
unusual circumstances not arising in the normal course of business.  In
addition, the record in this case indicates that, under these unique
conditions, the sole U.S. carrier serving the market cannot accommodate
the requisite passenger or cargo lift necessary to meet the needs of
American Samoa, a community uniquely dependent on air transportation.
Further, in our view, the conduct of the passenger and cargo services
proposed by Polynesian Limited is required to prevent further hardship
to the residents of American Samoa.

Given these circumstances, we find that the standards for grant of
emergency cabotage authority have been met, and that grant of the
authority requested by Polynesian Limited, through February 28, 2005, as
conditioned, is warranted.

Finally, we find that the applicant is qualified to perform the
authorized operations.

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

Action taken by:

Karan K. Bhatia

Assistant Secretary

for Aviation and International Affairs

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

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

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

 05/2004

2