[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Rules and Regulations]
[Page 34647-34653]
[DOCID:fr18jn10-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R01-OAR-2010-0207; A-1-FRL-9163-2]

Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Air Emission Standards for Halogenated
Solvent Cleaning Machines: State of Rhode Island Department of
Environmental Management

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Direct final rule.

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

SUMMARY: Pursuant to section 112(l) of the Clean Air Act (``CAA'') and
Federal regulations promulgated thereunder, the Rhode Island Department
of Environmental Management (``RI DEM'') submitted a request for
approval to implement and enforce Air Pollution Control Regulation
Number 36, Control of Emissions from Organic Solvent Cleaning (``RI
Regulation No. 36''), and the Rhode Island Air Pollution Control,
General Definitions Regulation (``RI General Definitions Rule''), as a
partial substitution for the National Emissions Standards for
Halogenated Solvent Cleaning (``Halogenated Solvent NESHAP''), as it
applies to organic solvent cleaning machines in Rhode Island, except
continuous web cleaning machines, with respect to which the Halogenated
Solvent NESHAP shall continue to apply. EPA has reviewed this request
and has determined that RI Regulation No. 36 and the RI General
Definitions Rule satisfy the requirements necessary for partial
substitution approval. Thus, EPA is hereby granting RI DEM the
authority to implement and enforce RI Regulation No. 36 and the RI
General Definitions Rule in place of the Halogenated Solvent NESHAP for
organic solvent cleaning machines, but EPA is retaining its authority
with respect to continuous web cleaning machines in Rhode Island. This
approval makes RI Regulation No. 36 and the RI General Definitions Rule
Federally enforceable.

DATES: This direct final rule will be effective August 17, 2010, unless
EPA receives adverse comments by July 19, 2010. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect. The incorporation by reference of certain publications
listed in the rule is approved by the Director of the Federal Register
as of August 17, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0207 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R01-OAR-2010-0207'', Ida McDonnell, U.S.
Environmental Protection Agency, EPA New England Regional Office, Air
Permits, Toxics and Indoor Programs Unit, Five Post Office Square,
Suite 100 (mail code OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
EPA New England Regional Office, Five Post Office Square, Suite 100
(OEP05-2), Boston, MA 02109-3912. 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 to
4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0207. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (``CBI'') or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. EPA will forward copies of all submitted
comments to the Rhode Island Department of Environmental Management.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, Five Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
    In addition, copies of the State submittal are also available for
public inspection during normal business hours, by appointment at the
Rhode Island Department of Environmental Management, 291 Promenade
Street, Providence, RI, 02908.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, Five
Post Office Square, Suite 100 (OEP05-2), Boston, MA 02109-3912,
telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. What requirements must a state rule meet to substitute for a
section 112 rule?
III. How will EPA determine equivalency for State alternative NESHAP
requirements?
IV. EPA Determination of Rule Equivalency

    A. What are the major differences between Rhode Island
Regulation No. 36 and the Halogenated Solvent NESHAP?
    i. How do the applicability requirements differ?
    ii. How do the compliance schedules differ?
    iii. What provisions apply to continuous web cleaning machines?
    iv. How are the requirements for batch cold cleaning machines
different?
    v. How are the requirements for batch vapor and in-line cleaning
machines different?
    vi. How do the requirements for the alternative standards
differ?
    vii. How do the requirements for the facility-wide emission
limits differ?
    viii. How are the monitoring requirements different?
    ix. How do the reporting requirements differ?
V. What is EPA's action regarding Rhode Island Regulation No. 36?
VI. Final Action
VII. Judicial Review
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background and Purpose

    Under CAA section 112(l), EPA may approve State or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements. The
Federal regulations governing EPA's approval of State and local rules
or programs under section 112(l) are found in 40 CFR part 63, subpart
E. Under these regulations, a State air pollution control agency has
the option to request EPA's approval to substitute a State rule for the
applicable Federal rule (e.g., the National Emission Standards for
Hazardous Air Pollutants). Upon approval by EPA, the State agency is
authorized to implement and enforce its rule in place of the Federal
rule.
    EPA promulgated the National Emissions Standards for Hazardous Air
Pollutants for Halogenated Solvent Cleaning Facilities (``Halogenated
Solvent NESHAP'') on December 2, 1994. See 40 CFR part 63, subpart T.
EPA promulgated several amendments to the Halogenated Solvent NESHAP,
with the latest amendments promulgated on May 3, 2007.
    On January 8, 2001, EPA received a request from RI DEM to implement
and enforce its Air Pollution Control Regulation Number 36, Control of
Emissions from Organic Solvent Cleaning (``RI Regulation No. 36'') as a
substitute for the Halogenated Solvent NESHAP, as it applies to organic
solvent cleaning machines in Rhode Island, except continuous web
cleaning machines. Upon evaluation, EPA requested that the RI DEM
revise its January 8, 2001 submission. On March 11, 2005, RI DEM
submitted a revised rule substitution package.
    In a letter dated October 9, 2007, EPA requested that RI DEM
further revise RI Regulation No. 36 to address new facility-wide
emission limits and associated reporting and recordkeeping issued in
the May 3, 2007 amendments to the Halogenated Solvent NESHAP, as well
as several other requirements. On October 9, 2008, RI DEM finalized
amendments to RI Regulation No. 36, as well as to Rhode Island Air
Pollution Control General Definitions Regulation (``RI General
Definitions Rule''). On April 20, 2009, RI DEM submitted its amended RI
Regulation No. 36 and RI General Definitions Rule to be implemented and
enforced as a partial rule substitution in place of the Halogenated
Solvent NESHAP for all organic solvent cleaning machines, except
continuous web cleaning machines. RI DEM provided supplemental
information to its April 20, 2009 submission on June 12, 2009.
    On September 30, 2009, EPA determined that the RI DEM April 20,
2009 submission, supplemented on June 12, 2009, was complete. As
explained below, EPA has reviewed the State's submission and determined
that the RI Regulation No. 36 and RI General Definitions Rule are no
less stringent than the Halogenated Solvent NESHAP, as applied to all
organic cleaning machines in Rhode Island, except continuous web
cleaning machines.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule, and if that provision may be
severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

II. What requirements must a State rule meet to substitute for a
section 112 rule?

    A State must demonstrate that it has satisfied the general
delegation/approval criteria contained in 40 CFR 63.91(d). The process
of providing ``up-front approval'' assures that a State has met the
delegation criteria in section 112(l)(5) of the CAA (as codified in 40
CFR 63.91(d)), that is, that the State has demonstrated that its NESHAP
program contains adequate authorities to assure compliance with each
applicable Federal requirement, adequate resources for implementation,
and an expeditious compliance schedule. Under 40 CFR 63.91(d)(3),
interim or final Title V program approval satisfies the criteria set
forth in 40 CFR 63.91(d) for ``up-front approval.'' On October 1, 2001,
EPA promulgated full approval of RI DEM's operating permits program.
See 66 FR 49839. Accordingly, RI DEM has satisfied the up-front
approval criteria of 40 CFR 63.91(d).
    Additionally, the ``rule substitution'' option requires EPA to make
a detailed and thorough evaluation of the State's submittal to ensure
that it meets the stringency and other requirements of 40 CFR 63.93. A
rule will be approved if the State or local government demonstrates:
(1) The State and local rules contain applicability criteria that are
no less stringent than the corresponding Federal rule; (2) the State
and local rule requires levels of control and compliance and
enforcement measures that would achieve emission reductions from each
affected source that are no less stringent than would result from the
otherwise applicable Federal standard; (3) the schedule for
implementation and compliance is consistent with the deadlines
established in the otherwise applicable Federal rule; and (4) the State
requirements include additional compliance and enforcement measures as
specified in 40 CFR 63.93(b)(4). See 40 CFR 63.93(b). After reviewing
RI DEM's amended partial rule substitution request and equivalency
demonstration for the Halogenated Solvent NESHAP, EPA has determined
this request meets all the requirements necessary for approval under
CAA section 112(l) and 40 CFR 63.91 and 63.93.

III. How will EPA determine equivalency for State alternative NESHAP
requirements?

    Before we can approve alternative requirements in place of a part
63 emissions standard, the State must submit to us detailed information
that demonstrates how the alternative

requirements compare with the otherwise applicable Federal standard.
Under 40 CFR part 63 subpart E, the level of control in the State rule
must be at least as stringent as the level of control in the Federal
rule. In addition, in order for equivalency to be granted, the level of
control and compliance and enforcement measures (``MRR'') of the State
rule, taken together as a whole, must be equivalent to the level of
control and MRR of the Federal rule, taken together as a whole. A
detailed discussion of how EPA will determine equivalency for State
alternative NESHAP requirements is provided in the preamble to EPA's
proposed Subpart E amendments on January 12, 1999. See 64 FR 1908.

IV. EPA Determination of Rule Equivalency

A. What are the major differences between Rhode Island Regulation No.
36 and the Halogenated Solvent NESHAP?

    Rhode Island Regulation No. 36 differs in several ways from the
Halogenated Solvent NESHAP. Most of these differences make RI
Regulation No. 36 more stringent than the Halogenated Solvent NESHAP.
However, some of the provisions require explanation and clarification
to explain how they are no less stringent than the Halogenated Solvent
NESHAP. The provisions of RI Regulation No. 36 that are the same as the
Halogenated Solvent NESHAP are not discussed in this section.
i. How do the applicability requirements differ?
    The Halogenated Solvent NESHAP applies to each individual batch
vapor, in-line vapor, in-line cold, and batch cold solvent cleaning
machine that uses any solvent containing methylene chloride,
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon
tetrachloride, or chloroform, or any combination of these Hazardous Air
Pollutant (``HAP'') solvents, in a total concentration greater than
five percent by weight, as a cleaning and/or drying agent. See 40 CFR
63.460(a). RI Regulation No. 36 applies to any organic solvent cleaning
machine using any volatile organic compound (``VOC'') or any volatile
HAP, including all types of solvent cleaning machines specified in the
Halogenated Solvent NESHAP for cleaning or drying parts, except any
cold cleaning machine that uses a solvent which contains no more than
5% VOC or volatile HAP by weight. See RI Regulation 36.2 and 36.1. RI
Regulation No. 36 is more stringent than the Halogenated Solvent NESHAP
because it applies to all organic solvent cleaning machines using any
organic solvent of any concentration, except cold cleaning machines
using less than 5% VOC or volatile HAP by weight.
ii. How do the compliance schedules differ?
    The Halogenated Solvent NESHAP requires existing sources
constructed or reconstructed before November 29, 1993 to be in
compliance with their requirements, except for the facility-wide
emission limits, by December 2, 1997, and new sources must be in
compliance with their requirements, except for the facility-wide
emission limits, immediately upon startup or by December 2, 1994,
whichever is later. See 40 CFR 63.460(c) and (d). The Halogenated
Solvent NESHAP requires new sources to comply with the facility-wide
emission limits by May 3, 2007 or immediately upon startup, whichever
is later, and existing sources must comply by May 3, 2010. See 40 CFR
63.460(i). RI Regulation No. 36 requires existing sources constructed
or reconstructed before November 29, 1993 to be in compliance by
January 1, 1997 and new or reconstructed sources constructed after
November 29, 1993 must be in compliance immediately upon startup or by
April 8, 1996, whichever is later. RI Regulation No. 36 facility-wide
emission limits became effective on October 9, 2008. See RI Regulation
36.3 and 36.4.17. RI Regulation No. 36 compliance dates for existing
sources are earlier than the Halogenated NESHAP and new sources must
already be in compliance or must comply immediately upon startup.
Therefore, the RI Regulation No. 36 compliance deadlines are consistent
with the deadlines established in the Halogenated Solvent NESHAP.
iii. What provisions apply to continuous web cleaning machines?
    EPA amended the Halogenated Solvent NESHAP on December 3, 1999, to
include provisions for continuous web cleaning machines. See 64 FR
67793. Continuous web cleaning machines are solvent cleaning machines
in which parts such as film, coils, wire, and metal strips are cleaned
at speeds typically in excess of 11 feet per minute, and EPA determined
that these types of cleaning machines warranted additional review
following the original promulgation of the Halogenated Solvent NESHAP.
RI Regulation No. 36 does not include specific provisions for
continuous web cleaning machines. RI DEM informed EPA that there are no
continuous web cleaning machines currently operating in Rhode Island
and that any new continuous web cleaning operations would be required
by Rhode Island Air Pollution Control Regulation No. 9, Air Pollution
Control Permits, to obtain a preconstruction permit prior to
installation. Under the provisions of subsection 9.3 of Regulation No.
9, a preconstruction permit is issued only if the process is determined
to employ Best Available Control Technology (BACT) and is in compliance
with all applicable State and Federal requirements. Under the Federal
rule substitution requirements in Section 63.93(a), ``permits must
already be issued to be used under this section.'' See 40 CFR
63.93(a)(4). Because RI DEM's rule does not include specific provisions
for continuous web cleaning machines and because EPA can only review
permits that are already issued for determining equivalency, EPA cannot
rely on any potential future permits issued under RI Air Pollution
Control No. 9 to demonstrate equivalency for continuous web cleaning
machines. Therefore, EPA is retaining the Federal requirements for
continuous web cleaning machines.
iv. How are the requirements for batch cold cleaning machines
different?
    The Halogenated Solvent NESHAP requires batch cold cleaning
machines, except remote-reservoir machines, to employ a tightly-fitting
cover, and either: (1) A freeboard ratio of 0.75 or greater or (2) a
water layer of a minimum thickness of 1 inch on the surface of the
solvent cleaning machine. See 40 CFR 63.462(a). RI Regulation No. 36
requires batch cold cleaning machines to be equipped with a cover and a
freeboard ratio of greater than or equal to 0.75. See RI Regulation
36.5.2 and 36.5.3. RI does not allow the option of a water layer. All
other batch cold cleaning requirements are the same. See RI Regulation
36.5 and 36.4. RI's batch cold cleaning machine requirements are
equivalent to the Halogenated Solvent NESHAP.
v. How are the requirements for batch vapor and in-line cleaning
machines different?
    The Halogenated Solvent NESHAP requires each cleaning machine to be
equipped with either: (1) An idling and downtime mode cover or (2) a
reduced room draft. See 40 CFR 63.463(a)(1)(i) and (ii). RI Regulation
No. 36 does not allow the use of reduced room drafts but does require
the use of a cover. See RI Regulation 36.6.1 and 36.7.1. This is
equivalent to the Halogenated Solvent NESHAP.
    The Halogenated Solvent NESHAP requires each cleaning machine to
have

an automated parts handling system operated at 11 feet per minute (ft/
min) or less. See 40 CFR 63.463(a)(3). RI Regulation No. 36 requires an
automated parts handling system operated at 10 ft/min. See RI
Regulation 36.6.3 and 36.7.3. RI Regulation No. 36 is more stringent
than the Halogenated Solvent NESHAP.
    The Halogenated Solvent NESHAP requires in-line cleaning machines
and batch vapor machines with a solvent air interface to operate using
either: (1) The control combinations specified in the appropriate
Tables or (2) an idling emission limit. See 40 CFR 63.463(b) and (c).
RI regulation No. 36 does not allow idling emission limits as an option
for compliance and specifies fewer control combination options than the
Halogenated Solvent NESHAP, but all control combinations allowed by RI
Regulation No. 36 are at least as stringent as the Halogenated Solvent
NESHAP control combinations. See RI Regulation 36.6.6, 36.6.7, 36.7.7,
and 36.7.8.
vi. How do the requirements for the alternative standards differ?
    The Halogenated Solvent NESHAP allows facilities to meet a 3-month
rolling average monthly emission limit as an alternative to the control
technology standards for machines with or without a solvent/air
interface. See 40 CFR 63.464. RI Regulation No. 36 does not allow an
alternative emission limit standard for machines with a solvent/air
interface. RI Regulation No. 36 does allow an alternative emission
limit standard for machines without a solvent/air interface, which is
equivalent to the Halogenated Solvent NESHAP. See RI Regulation 36.8.
vii. How do the requirements for the facility-wide emission limits
differ?
    The Halogenated Solvent NESHAP was amended on May 3, 2007 to
include new facility-wide emission limits and associated reporting and
recordkeeping requirements. For major sources, the facility-wide
emission limits apply to all solvent cleaning machines, except solvent
cleaning machines used in the manufacture and maintenance of aerospace
products, solvent cleaning machines used in the manufacture of narrow
tubing and all continuous web cleaning machines. For area sources, the
facility-wide emission limits apply to all solvent cleaning machines
except cold batch cleaning machines. See 40 CFR 63.471. RI Regulation
No. 36 includes a monthly halogenated HAP solvent emission limit for
all organic solvent cleaning operations, calculated on a 12-month
rolling average basis, unless RI approves a greater quantity of HAP
emissions in an operating permit. In no case shall emissions exceed the
facility-wide limit in 40 CFR 63.471. See RI Regulation 36.4.17. The RI
facility-wide emission limits are equivalent to or more stringent than
the Halogenated Solvent NESHAP.
viii. How are the monitoring requirements different?
    The Halogenated Solvent NESHAP requires facilities operating a
carbon adsorber to maintain an exhaust concentration of 100 parts per
million (``ppm'') or less and conduct weekly monitoring using a
colorimetric detector tube. See 40 CFR 63.463(e)(2)(vii) and 63.466(e).
RI Regulation No. 36 requires that the solvent concentration in the
carbon adsorber exhaust shall not exceed 25 ppm and requires weekly
monitoring with a colorimetric detector tube. RI Regulation No. 36 also
requires an initial performance test using EPA Test Method 25 within 60
days of startup of the carbon adsorber. See RI Regulation 36.9.5. The
RI rule is more stringent than the Halogenated Solvent NESHAP.
ix. How do the reporting requirements differ?
    RI Regulation No. 36 includes several differences in reporting
requirements. The Halogenated Solvent NESHAP requires new sources to
submit an initial notification as soon as practicable before startup.
See 40 CFR 63.468(b). RI Regulation No. 36 requires new sources to
submit the initial notification report 120 days before the startup of
the cleaning machine. See RI Regulation 36.11.1. The Halogenated
Solvent NESHAP requires a compliance report including certain
information to be submitted for new sources 150 days after startup. The
compliance report must include, among other requirements, the results
of the first 3 month average emission calculation for sources complying
with the alternative standard. See 40 CFR 63.468(c), (d) and (e). RI
Regulation No. 36 requires the compliance report be submitted 60 days
after startup of the cleaning machine and sources complying with the
alternative standard must only submit a calculation of emissions for
the first month. RI Regulation No. 36 cannot require a 3-month average
calculation because the report is due 60 days after startup. However,
the RI regulation does require sources to keep records of each 3-month
average calculation and to report this information annually. See RI
Regulation 36.10.3, 36.11.2 and 36.11.4.
    The Halogenated Solvent NESHAP requires certain incidences to be
reported as exceedances. See 40 CFR 63.463(e). RI Regulation No. 36
includes these requirements, except for the following differences. The
Halogenated Solvent NESHAP requires the following incidences to be
reported as an exceedance, if the incidence is not corrected within 15
days: (1) Temperature monitoring exceedances; (2) a cover with cracks,
holes or other defects; and (3) carbon adsorber monitoring exceedances.
See 40 CFR 63.463(e)(3)(ii). RI Regulation No. 36 requires each of
these incidences to be reported as an exceedance regardless of whether
the incidence is corrected within 15 days. See RI Regulation 36.9.1
36.9.3, 36.9.4, 36.9.5. The RI Regulation is more stringent for these
exceedance report provisions. The Halogenated Solvent NESHAP requires
an exceedance report if an idling mode cover is not in place when parts
are not in the solvent cleaning machine or if the cover is located
above the lip exhaust. See 40 CFR 63.463(e)(3)(i). RI does not require
an exceedance report for these incidences but the RI rule prohibits
these incidences and requires a record to be kept if these incidences
occur. See RI Regulation 36.10.2(h), 36.6.1, 36.7.1.
    The Halogenated Solvent NESHAP includes reporting and recordkeeping
requirements associated with the facility-wide emission limits in 40
CFR 63.471. RI does not require all of the reporting and recordkeeping
associated with the facility-wide emission limits, so long as the
source emits less than 50% of the facility-wide emission limit in 40
CFR 63.471. If a facility emits more than 50% of the facility-wide
emission limit in 40 CFR 63.471, it becomes subject to all of the
reporting and recordkeeping in 40 CFR 63.471. See RI Regulation
36.11.4(b). Specifically, RI does not require sources to maintain a log
of additions and deletions from the machine, and fill the machine on
the first day of each month to calculate the facility-wide emission
limit (except batch vapor machines). But, RI does require sources to
keep a record of the amount of perchloroethylene, trichloroethylene,
and methylene chloride used each month. See RI Regulation 36.10.2(b)
and 36.10.4(d). RI does not require all of the information in the
initial notification and statement of compliance due to EPA by May 3,
2010 under 40 CFR 63.471. However, RI Regulation No. 36 does require
sources to submit an annual report of solvent cleaning emissions by
April 15 of each year starting April 15, 2009. See RI Regulation
36.11.4(b). Also, RI has required the information in the May 3, 2010
report to be submitted

previously (e.g., date of installation of the machine and controls
used). See RI Regulation 36.11.1(a) and (b).
    Although RI Regulation No. 36 includes several reporting and
recordkeeping differences, RI Regulation No. 36 is more stringent than
the Halogenated Solvent NESHAP in a number of areas. As discussed
above, RI Regulation No. 36 includes more stringent applicability, more
stringent monitoring requirements, and the control requirements are at
least equivalent to or more stringent than the Halogenated Solvent
NESHAP requirements. In addition, certain reporting requirements are
more stringent than the Halogenated Solvent NESHAP. Although RI
Regulation No. 36 includes some reporting and recordkeeping differences
from the Halogenated Solvent NESHAP, EPA has determined that the
requirements of RI Regulation No. 36 are, taken as a whole, equivalent
to the requirements of the Halogenated Solvent NESHAP.

V. What is EPA's action regarding Rhode Island Regulation No. 36?

    After reviewing Rhode Island's request for approval of RI
Regulation No. 36, EPA has determined that Rhode Island's regulations
meet all of the requirements necessary for partial rule substitution
under section 112(l) of the CAA and 40 CFR 63.91 and 63.93. The Rhode
Island Regulation No. 36, taken as a whole, is no less stringent than
the Halogenated Solvent NESHAP, as applied to all solvent cleaning
machines, except continuous web cleaning machines. Therefore, EPA
hereby approves Rhode Island's request to implement and enforce Rhode
Island Air Pollution Control Regulation No. 36, Control of Emissions
from Organic Solvent Cleaning and Rhode Island Air Pollution Control,
General Definitions Regulation, in place of the Halogenated Solvent
NESHAP for all halogenated solvent cleaning machines in Rhode Island,
except continuous web cleaning machines. EPA retains the requirements
for continuous web cleaning machines. As of the effective date of this
action, RI Regulation No. 36 and RI General Definitions Rule are
enforceable by EPA and by citizens under the CAA. Although Rhode Island
has primary responsibility to implement and enforce RI Regulation No.
36 and RI General Definitions Rule, EPA retains the authority to
enforce any requirement of the rule upon its approval under CAA 112.
See CAA section 112(l)(7).

VI. Final Action

    The EPA is approving the Rhode Island Air Pollution Control
Regulation No. 36, Control of Emissions from Organic Solvent Cleaning,
and Rhode Island Air Pollution Control General Definitions Regulation
as a partial rule substitution for the Halogenated Solvent NESHAP for
halogenated solvent cleaning machines in Rhode Island, except
continuous web cleaning machines. The EPA retains the requirements for
continuous web cleaning machines.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the rule revision should
relevant adverse comments be filed. This rule will be effective August
17, 2010 without further notice unless the Agency receives relevant
adverse comments by July 19, 2010.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the direct final rule and informing the public that the
direct final rule will not take effect. All public comments received
will then be addressed in a subsequent final rule based on the proposed
rule. The EPA will not institute a second comment period on the
proposed rule. All parties interested in commenting on the proposed
rule should do so at this time. If no such comments are received, the
public is advised that this rule will be effective on August 17, 2010
and no further action will be taken on the proposed rule. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.

VII. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the appropriate circuit by
August 17, 2010. Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings brought by EPA to enforce these
requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for us to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Regional Administrator, U.S. Environmental Protection Agency, EPA
New England Regional Office, Five Post Office Square, Suite 100 (ORA01-
4), Boston, MA 02109-3912, with a copy to the person(s) listed in the
preceding FOR FURTHER INFORMATION CONTACT section, and the Regional
Counsel, U.S. Environmental Protection Agency, EPA New England Regional
Office, Five Post Office Square, Suite 100 (ORA01-4), Boston, MA 02109-
3912. Filing a petition for reconsideration by the Administrator of
this final rule under CAA section 307(d)(7)(B) does not affect the
finality of this rule for the purposes of judicial review, does not
extend the time within which a petition for judicial review may be
filed, and does not postpone the effectiveness of the rule.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action approves equivalent State requirements in place of
Federal requirements under CAA section 112(l). This type of action is
exempt from review under Executive Order (``EO'') 12866.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action allows the State of
Rhode Island to implement equivalent State requirements in lieu of pre-
existing Federal requirements as applied only to halogenated solvent
cleaning machines. Thus, this action does not require any person to
submit information.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any

other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business that meets the Small Business Administration size standards
found at 13 CFR 121.201, (2) a small governmental jurisdiction that is
a government of a city, county, town, school district or special
district with a population of less than 50,000, and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not have a significant impact on a substantial number of
small entities because approvals under CAA section 112(l) and 40 CFR
63.93 do not create any new requirements. Such approvals simply allow a
State to implement and enforce equivalent requirements in place of the
Federal requirements that EPA is already imposing.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or Tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
Tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. This action allows the State of
Rhode Island to implement equivalent State requirements in lieu of pre-
existing Federal requirements as applied to halogenated solvent
cleaning machines. Such approvals simply allow a State to implement and
enforce equivalent requirements in place of the Federal requirements
that EPA is already imposing. Thus, this action does not significantly
or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action simply allows Rhode
Island to implement equivalent alternative requirements to replace a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this action.

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

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
allows the State of Rhode Island to implement equivalent State
requirements in lieu of pre-existing Federal requirements as applied
only to halogenated solvent cleaning machines. This action will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it approves a
State program such that it allows the State of Rhode Island to
implement equivalent State requirements in lieu of pre-existing Federal
requirements as applied only to halogenated solvent cleaning machines.

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

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through the Office of Management and Budget
(``OMB''), explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
    This action does not involved technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action allows the State of Rhode Island to implement
equivalent State requirements in lieu of pre-existing Federal
requirements as applied only to halogenated solvent cleaning machines.
As explained above, the State requirements contain standards that are
at least equivalent to the Federal standards; thus, we anticipate only
a positive impact from this action.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A ``major rule'' cannot take effect until 60 days after it is published
in the Federal Register. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2). This rule will be effective August 17, 2010.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and record keeping
requirements.

    Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
40 CFR part 63 is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by adding paragraph (d)(9) to read as
follows:

Sec.  63.14  Incorporation by reference.

    (d) * * *
    (9) Rhode Island Department of Environmental Management regulations
at Air Pollution Control Regulation No. 36, Control of Emissions from
Organic Solvent Cleaning, effective April 8, 1996, last amended October
9, 2008, and Rhode Island Air Pollution Control, General Definitions
Regulation, effective July 19, 2007, last amended October 9, 2008.
Incorporation By Reference approved for Sec.  63.99(a)(40)(ii) of
subpart E of this part.
* * * * *

Subpart E--[Amended]

0
3. Section 63.99 is amended by adding paragraph (a)(40) to read as
follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (40) Rhode Island.
    (i) [Reserved]
    (ii) Affected area sources within Rhode Island must comply with the
Rhode Island Regulations Applicable to Hazardous Air Pollutants
(incorporated by reference as specified in Sec.  63.14) as described in
paragraph (a)(40)(ii)(A) of this section:
    (A) The material incorporated into the Rhode Island Department of
Environmental Management regulations at Air Pollution Control
Regulation No. 36, Control of Emissions from Organic Solvent Cleaning,
effective April 8, 1996, last amended October 9, 2008, and Rhode Island
Air Pollution Control, General Definitions Regulation, effective July
19, 2007, last amended October 9, 2008, pertaining to organic solvent
cleaning facilities in the State of Rhode Island jurisdiction, and
approved under the procedures in Sec.  63.93 to be implemented and
enforced in place of the Federal NESHAP for Halogenated Solvent
Cleaning Facilities (subpart T of this part), effective as of May 3,
2007, except for continuous web cleaning machines as defined in Sec.
63.461.
    (1) Authorities not delegated.
    (i) Rhode Island is not delegated the Administrator's authority to
implement and enforce Rhode Island regulations at Air Pollution Control
Regulation No. 36 and Rhode Island General Definitions Regulation in
lieu of those provisions of subpart T of this part which apply to
continuous web cleaning machines as defined in Sec.  63.461.
    (ii) [Reserved]
    (2) [Reserved]
    (B) [Reserved]
* * * * *
[FR Doc. 2010-14508 Filed 6-17-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Notices]
[Page 3933]
[FR Doc No: 2011-1193]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-02]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before February 10, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1284 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kenna Sinclair, ANM-113, (425) 227-
1556, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton,
WA 98057-3356, or Frances Shaver,<PHONE_NUMBER>). Office of Rulemaking
(ARM-207), Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 14, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-1284.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec.  25.1309(c).
    Description of Relief Sought: Boeing requests a time-limited
exemption from the requirement to provide the flightcrew with an
indication of gross fuel system contamination on 787-8 airplanes
powered by General Electric GEnx-1B engines. The request would allow
non-compliant airplanes to be delivered until June 30, 2014 and
subsequent retrofit of design improvements by December 31, 2018.

[FR Doc. 2011-1193 Filed 1-20-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Proposed Rules]
[Pages 24159-24160]
[FR Doc No: 2012-9671]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0310; Airspace Docket No. 12-ANM-6]

Proposed Modification of Class E Airspace; Plentywood, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace at Plentywood
Sher-Wood Airport, Plentywood, MT. Controlled airspace is necessary to
accommodate aircraft using Area Navigation (RNAV) Global Positioning
System (GPS) standard instrument approach procedures at Plentywood
Sher-Wood Airport. The FAA is proposing this action to enhance the
safety and management of aircraft operations at the airport.

DATES: Comments must be received on or before June 7, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0310; Airspace Docket No. 12-ANM-6, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0310 and Airspace Docket No. 12-ANM-6) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-0310 and Airspace Docket No. 12-ANM-6''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Plentywood Sher-Wood Airport,
Plentywood, MT. Controlled airspace is necessary to accommodate
aircraft using RNAV (GPS) standard instrument approach procedures at
Plentywood Sher-Wood Airport, Plentywood, MT, and would enhance the
safety and management of aircraft operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Plentywood Sher-Wood Airport,
Plentywood, MT.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *

ANM MT E5 Plentywood, MT [Modified]

Plentywood Sher-Wood Airport, MT
    (Lat. 48[deg]47'19'' N., long. 104[deg]31'23'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Plentywood Sher-Wood Airport; and that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 49[deg]00'00'' N., long. 105[deg]02'00''
W.; to lat. 49[deg]00'00'' N., long. 104[deg]02'00'' W.; to lat.
48[deg]32'35'' N., long. 104[deg]02'00'' W.; to lat. 48[deg]27'00''
N., long. 104[deg]11'12'' W.; to lat. 48[deg]26'00'' N., long.
104[deg]41'00'' W.; to lat. 48[deg]17'00'' N., long. 104[deg]43'00''
W.; to lat. 48[deg]17'00'' N., long. 105[deg]52'00'' W.; to lat.
48[deg]32'00'' N., long. 105[deg]51'00'' W.; thence to the point of
origin.

    Dated: Issued in Seattle, Washington, on April 10, 2012.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-9671 Filed 4-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Proposed Rules]
[Pages 66619-66623]
[FR Doc No: 2022-23594]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1403; Project Identifier MCAI-2022-00122-T]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and
-402 airplanes. This proposed AD was prompted by reports of corrosion
on the horizontal stabilizer lower center skin panel, including a
finding of corrosion where the skin thickness had been substantially
reduced, which affected design margins. This proposed AD would require
inspecting the horizontal stabilizer lower center skin panel for
corrosion, and reworking, repairing, or replacing the lower center skin
panel if necessary. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
19, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1403; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporation by Reference:
     For service information identified in this NPRM, contact
De Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; email
dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
     You may view this service information 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>.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1403; Project Identifier
MCAI-2022-00122-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt

from public disclosure. If your comments responsive to this NPRM
contain commercial or financial information that is customarily treated
as private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to Yaser Osman, Aerospace Engineer, Airframe and Propulsion
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2022-02, dated January 28,
2022 (TCCA AD CF-2022-02) (also referred to after this as the MCAI), to
correct an unsafe condition for certain De Havilland Aircraft of Canada
Limited model DHC-8-401 and -402 airplanes. You may examine the MCAI in
the AD docket at regulations.gov under Docket No. FAA-2022-1403.
    This proposed AD was prompted by reports of corrosion on the
horizontal stabilizer lower center skin panel, including a finding of
corrosion where the skin thickness had been substantially reduced,
which affected design margins. The root cause was found to be
inconsistent chemical processing of the lower center skin panel, with
missing anodizing layer and primer on some areas of the skin panel
surface. The FAA is proposing this AD to address possible reduction of
skin panel thickness due to the effects of corrosion, which could
compromise the structural integrity of the horizontal stabilizer. See
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin
84-55-05, Revision C, dated August 19, 2021. This service information
describes procedures for inspecting the horizontal stabilizer lower
center skin panel for corrosion, and, depending on the level of
corrosion, reworking or repairing the horizontal stabilizer lower
center skin panel.
    De Havilland Aircraft of Canada Limited has also issued Service
Bulletin 84-55-11, dated February 16, 2021. This service information
describes procedures for replacing the horizontal stabilizer lower
center skin panel.
    This service information 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this NPRM and the MCAI or Service Information.''

Differences Between This NPRM and the MCAI or Service Information

    TCCA AD CF-2022-02 specifies credit for repair, rework, or
replacement of corroded horizontal stabilizer lower center skin panel
using certain repair drawings. De Havilland Aircraft of Canada Limited
has informed the FAA that four additional repair drawings are also
acceptable for credit. Therefore, paragraph (h)(2) of this proposed AD
would provide credit for those additional repair drawings.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 56 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
108 work-hours x $85 per hour = $9,180.......................              $0           $9,180         $514,080
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition replacement:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
108 work-hours x $85 per hour = $9.180         $21,449          $30,629
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs or rework specified in this
proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

De Havilland Aircraft of Canada Limited (Type Certificate Previously
Held by Bombardier, Inc.): Docket No. FAA-2022-1403; Project
Identifier MCAI-2022-00122-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 19, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model
DHC-8-401 and -402 airplanes, certificated in any category, having
serial numbers 4001 and 4003 through 4549 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion on the horizontal
stabilizer lower center skin panel, including a finding of corrosion
where the skin thickness had been substantially reduced, which
affected design margins. The FAA is issuing this AD to address
possible substantial reduction of skin panel thickness due to the
effects of corrosion, which could compromise the structural
integrity of the horizontal stabilizer.

(f) Compliance

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

(g) Inspection and Corrective Actions

    (1) Within 8,000 flight hours or 48 months, whichever occurs
first, after the effective date of this AD: Inspect the horizontal
stabilizer lower center skin panel for corrosion in accordance with
Section 3.B. Part A of the Accomplishment Instructions of De
Havilland Aircraft of Canada Service Bulletin 84-55-05 Revision C,
dated August 19, 2021. If any corrosion is found, before further
flight, do the applicable actions specified in paragraph (g)(2) or
(3) of this AD.
    (2) If the corrosion is within the allowable repair limits as
specified in Figure 5 Detail C of De Havilland Aircraft of Canada
Service Bulletin 84-55-05 Revision C, dated August 19, 2021, perform
the corrosion rework in accordance with Section 3.B. Part B of the
Accomplishment Instructions of De Havilland Aircraft of Canada
Service Bulletin 84-55-05 Revision C, dated August 19, 2021.
    (3) If the corrosion is beyond the allowable repair limits as
specified in Figure 5 Detail C of De Havilland Aircraft of Canada
Service Bulletin 84-55-05 Revision C, dated August 19, 2021,
accomplish the action specified in paragraph (g)(3)(i) or (ii) of
this AD.
    (i) Replace the existing horizontal stabilizer lower center skin
panel in accordance with the Accomplishment Instructions of De
Havilland Aircraft of Canada Service Bulletin 84-55-11 Initial
Issue, dated February 16, 2021.
    (ii) Obtain and follow repair instructions using a method
approved by the Manager, New York ACO Branch, FAA; or Transport
Canada Civil Aviation (TCCA); or De Havilland Aircraft of Canada
Limited's TCCA Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (g)(1) and (2) of this AD, if those actions were
performed before the effective date of this AD using De Havilland
Aircraft of Canada Limited Service Bulletin 84-55-05, Initial Issue,
dated January 12, 2016; De Havilland Aircraft of Canada Limited
Service Bulletin 84-55-05, Revision A, dated June 3, 2016; De
Havilland Aircraft of Canada Limited Service Bulletin 84-55-05,
Revision B, dated February 26, 2021.
    (2) This paragraph provides credit for the actions required by
paragraph (g)(2) or (3) of this AD, if those actions were performed
before the effective date of this AD using any of the repair
drawings (RDs) specified in figure 1 to paragraph (h) of this AD.

Figure 1 to paragraph (h)--Repair Drawings
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TP04NO22.061

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. 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, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) Related Information

    (1) Refer to TCCA AD CF-2022-02, dated January 28, 2022, for
related information. This TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-1403.
    (2) For more information about this AD, contact Yaser Osman,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(k) 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) De Havilland Aircraft of Canada Limited Service Bulletin 84-
55-05, Revision C, dated August 19, 2021.
    (ii) De Havilland Aircraft of Canada Limited Service Bulletin
84-55-11, dated February 16, 2021.
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; email
dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
    (4) You may view this service information 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>.
    (5) You may view this service information 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 protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 25, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-23594 Filed 11-3-22; 8:45 am]
BILLING CODE 4910-13-C


[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31755-31756]
[FR Doc No: 2023-10569]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10961-01-R5]

Great Lakes Advisory Board Notice for Virtual Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting for Great Lakes Advisory Board.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), the
Environmental Protection Agency (EPA) provides notice of a public
meeting for the Great Lakes Advisory Board. Pre-registration is
required. Due to logistical circumstances, EPA is announcing this
meeting with less than 15 calendar days public notice.

DATES: This virtual public meeting will be held on May 31st, 2023, from
2 p.m. to 4 p.m. Central Daylight Time. Members of the public seeking
to view the meeting must register by 2 p.m. Central Daylight Time on
May 30th, 2023. Members of the public seeking to make comments relevant
to issues discussed at the virtual meeting must register and indicate a
request to make oral and/or written public comments in advance of the
meeting. For information on how to register, please see How do I
participate in the meeting below.

FOR FURTHER INFORMATION CONTACT: Todd Nettesheim, Acting Designated
Federal Officer (DFO), at [email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

    The GLAB is chartered in accordance with the Federal Advisory
Committee Act (FACA) of 1972 (5 U.S.C., appendix 2, as amended) and 41
CFR 102-3.50(d). The Advisory Board provides advice and recommendations
on matters related to the Great Lakes Restoration Initiative. The
Advisory Board also advises on domestic matters related to
implementation of the Great Lakes Water Quality Agreement between the
U.S. and Canada. The major objectives are to provide advice and
recommendations on: Great Lakes protection and restoration activities;
long-term goals, objectives, and priorities for Great Lakes protection
and restoration; and other issues identified by the Great Lakes
Interagency Task Force/Regional Working Group.

II. How do I participate in the remote public meeting?

A. Remote Meeting

    This meeting will be conducted as a virtual meeting on May 31st,
2023, from 2 p.m. to 4 p.m. Central Daylight Time. You must register by
2:00 p.m. Central Daylight Time on May 30th, 2023, to receive
information on how to participate. You may also submit written or oral
comments for the committee by following the processes outlined below.

B. Registration

    Individual registration is required for participation in this
meeting. Information on registration for this meeting can be found at
https://event.capconcorp.com/form/view.php?id=168978. When registering,
please provide your name, email, organization, city, and state. Please
also indicate whether you would like to provide oral and/or written
comments during the meeting at the time of registration.

C. Procedures for Providing Public Comments

    Oral Statements: In general, oral comments at this virtual
conference will be limited to the Public Comments portions of the
meeting agenda. Members of the public may provide oral comments limited
to up to three minutes per individual or group and may submit further
information as written comments. Persons interested in providing oral
statements should register at https://event.capconcorp.com/form/view.php?id=168978 for the meeting and indicate your interest to
provide public comments. Oral commenters will be provided an
opportunity to speak in the order in which their request was received
by the DFO and to the extent permitted by the number of comments and
the scheduled length of the meeting. Persons not able to provide oral
comments during the meeting will be given an opportunity to provide
written comments after the meeting.
    Written Statements: Persons interested in providing written
statements pertaining to this committee meeting may do so by indicating
at https://event.capconcorp.com/form/view.php?id=168978. Written
comments will be accepted before and after the public meeting for
consideration by the Great Lakes Advisory Board members.

D. Availability of Meeting Materials

    The meeting agenda and other materials for the virtual conference
will be posted on the GLAB website at www.glri.us/glab.

E. Accessibility

    Persons with disabilities who wish to request reasonable
accommodations to participate in this event may contact the Acting DFO
at [email protected] or<PHONE_NUMBER> by 2 p.m. Central Daylight
Time on May 23rd, 2023. All final meeting materials will be posted to
the GLAB website in an accessible format following the meeting, as well
as a written summary of this meeting.

    Dated: May 9, 2023.
Debra Shore,
Regional Administrator & Great Lakes National Program Manager, US EPA
Region 5.
[FR Doc. 2023-10569 Filed 5-17-23; 8:45 am]
BILLING CODE 6560-50-P