[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57189]
[FR Doc No: 2021-22344]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3569-EM; Docket ID FEMA-2021-0001]

Mississippi; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Mississippi (FEMA-3569-EM), dated August 28, 2021, and
related determinations.

DATES: This amendment was issued August 30, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared an emergency by the President in his declaration of
August 28, 2021.

    Alcorn, Attala, Benton, Bolivar, Calhoun, Carroll, Chickasaw,
Choctaw, Claiborne, Clarke, Clay, Coahoma, Copiah, Desoto, Grenada,
Hinds, Holmes, Humphreys, Issaquena, Itawamba, Jasper, Kemper,
Lafayette, Lauderdale, Leake, Lee, Leflore, Lowndes, Madison,
Marshall, Monroe, Montgomery, Neshoba, Newton, Noxubee, Oktibbeha,
Panola, Pontotoc, Prentiss, Quitman, Rankin, Scott, Sharkey,
Simpson, Smith, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo,
Tunica, Union, Warren, Washington, Webster, Winston, Yalobusha, and
Yazoo Counties for emergency protective measures (Category B),
including direct Federal assistance, under the Public Assistance
program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-22344 Filed 10-13-21; 8:45 am]
BILLING CODE 9111-23-P


	SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

	(in accordance with 40 CFR Part 51 - App. V)

   SIP Submitted by: 	Pennsylvania Department of Environmental Protection

     Date Submitted:   	April 11, 2007

            Subject:   	Conversion of the Philadelphia County CO Maintenance Plan to a Limited Maintenance Plan

Completeness Review

Completed by: 	Catherine L. Magliocchetti

     Date Completed: 	July 20, 2007

Administrative Materials

	ACCEPTABLE

	EPA REQUIREMENT

	STATE SUBMITTAL

(X)

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof.

1.  Letter dated March 19, 2007, received on April 11, 2007, to Regional Administrator Welsh from Secretary McGinty.

   X

2. Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement in final form.  That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.

2.  Same as above, plus the SIP revision dated September 2005, (Revision to the Pennsylvania State Implementation Plan for Maintaining the Carbon Monoxide National Ambient Air Quality Standard for the Years 2007-2017 in Philadelphia County.(

  X

3. Evidence that the State has the necessary legal authority under State law to adopt and implement the plan.

3.  PA DEP has the legal authority under the State Air Pollution Control Act (Vol. 35 ( 4001).

  X

4. A copy of actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable.  The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State.  The effective date of the regulation/document shall, whenever possible, be indicated in the document itself.

4. A maintenance plan entitled (Revision to the Pennsylvania State Implementation Plan for Maintaining the Carbon Monoxide National Ambient Air Quality Standard for the Years 2007-2017 in Philadelphia County(, dated September 2005, along with the submittal letter to EPA.

  X

5. Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.

5. As discussed in the transmittal letter, and the letter from Philadelphia AMS to PA DEP, the State and City followed all procedural requirements as appropriate.

  X

6. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice.

6. . Public notice was given, evidence provided for in submittal, including a copy of the published notice in The Philadelphia Daily News, on October 17, 18 and 19, 2005.

  X

7. Certification that public hearings were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable.

7. Certification is found in Philadelphia AMS letter to PA DEP, signed by Morris Fine, Director of AMS.

8. Compilation of public comments and the State's response thereto.

8. No comments were received, see letter from Philadelphia AMS.

  X

1. Identification of all regulated pollutants affected by the plan.

1.  The SIP revision, dated September 2005, identifies that Carbon Monoxide is the pollutant affected by this plan.

  X

2. Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s).

2. .  For maintenance purposes, the entire county of Philadelphia is considered to be a maintenance area for CO.  While not described in the SIP submittal, the portion of Philadelphia County that was described as nonattainment was comprised of the Central Business District, or (CBD), generally accepted to be the area bounded to the north by Vine Street, to the south by South Street, to the west by the Schuykill River and to the east by the Delaware River.

   X

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.

3.  An attainment inventory is provided in the SIP submittal.

   X

4. The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented.

4.  The Department will continue to monitor for attainment of the standard and implement contingency measures if needed.

  X

5. Modeling information required to support the proposed revision, including input data, output data, models used,  ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis.

5.  The SIP revision contains an attainment inventory, and an explanation that under the LMPO, a project of emissions over the maintenance period is not required.

  X

6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

6.  n/a

7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels.

7.  n/a

8. Compliance/enforcement strategies, including how compliance will be determined in practice.

8.  The Department will continue to monitor ambient air in the area .  If a violation occurs contingency measures will be triggered ( see the “Contingency Plan.”

  X

9. Special economic and technological justifications required by any applicable EPA policies. (If a policy is not appropriate, explain why.)

9.  n/a

10. A Section 107 request must be accompanied by a maintenance plan demonstrating maintenance to the relevant NAAQS for at least 10 years after redesignation.

10.  n/a


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Proposed Rules]
[Pages 20743-20745]
[FR Doc No: 2012-8287]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24785; Directorate Identifier 2006-NE-20-AD]
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Lycoming Engines (L)O-360, (L)IO-360, AEIO-360, O-540,
IO-540, AEIO-540, (L)TIO-540, IO-580, and IO-720 series reciprocating
engines. That NPRM proposed to require replacing certain crankshafts of
affected engine models. This action revises that NPRM by including the
IO-390, AEIO-390, and AEIO-580 series engine models having affected
crankshafts. We are proposing this supplemental NPRM to prevent failure
of the crankshaft, which will result in total engine power loss, in-
flight engine failure, and possible loss of the aircraft. Since these
actions impose an additional burden over that proposed in the NPRM, we
are reopening the comment period to allow the public the chance to
comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by June 5,
2012.

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 http://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Lycoming,
652 Oliver Street, Williamsport, PA 17701; phone:<PHONE_NUMBER>; fax:
570-327-7101, or on the internet at www.Lycoming.Textron.com. You may
review copies of the referenced service information at the FAA, Engine
& Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Norm Perenson, Aerospace Engineer, New
York Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone:
516-228-7337; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
24785; Directorate Identifier 2006-NE-20-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM supersedure to amend 14 CFR part 39 to include an
AD that would apply to Lycoming Engines (L)O-360, (L)IO-360, AEIO-360,
O-540, IO-540, AEIO-540, (L)TIO-540, IO-580, and IO-720 series
reciprocating engines. That NPRM published in the Federal Register on
August 12, 2011 (76 FR 50152). That NPRM supersedure proposed to retain
all of the requirements of AD 2006-20-09 (71 FR 57407, September 29,
2006), and would expand the affected engines by moving the start date
of affected engine models back from March 1, 1997, to January 1, 1997.
All references to March 1, 1997 in AD 2006-20-09, and the NPRM
supersedure are, therefore, obsolete and the start date of affected
models in this supplemental NPRM supersedure is changed to January 1,
1997. Lycoming also changed its Service Instruction No. 1009AS dated
May 25, 2006 to Service Instruction No. 1009AU, dated November 18,
2009. The changes to Service Instruction 1009 do not affect the engine
overhaul time.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (76 FR 50152, August 12, 2011),
Lycoming Engines made us aware of additional engine models with
crankshafts affected by the unsafe condition. They are the IO-390,
AEIO-390, and AEIO-580 series reciprocating engines. These engine
models were considered experimental and did not have a type certificate
when we issued AD 2006-20-09 (71 FR 57407, September 29, 2006). These
models now have type certificates and so we propose to add them in this
supplemental NPRM.

Comments

    We gave the public the opportunity to comment on the original NPRM.
We received no comments on that NPRM (76 FR 50152, August 12, 2011).

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM (76 FR 50152, August 12, 2011). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would retain all of the requirements of AD
2006-20-09 (71 FR 57407, September 29, 2006). This supplemental NPRM
would also change the start date of affected engine models from March
1, 1997, to January 1, 1997, and would add Lycoming Engines IO-390,
AEIO-390, and AEIO-580 series reciprocating engines to the
applicability.

Costs of Compliance

    We estimate that this proposed AD would require no additional costs
of compliance over those in the original AD 2006-20-09, which are
$60,384,000. This proposed AD carries over the original costs of
compliance. We estimate that this proposed AD would affect 3,774
engines installed on airplanes of U.S. registry. Because the proposed
AD compliance interval coincides with engine overhaul or other engine
maintenance, we estimate no additional labor hours will be needed to
comply with this proposed AD. Parts would cost about $16,000 per
engine. Based on these figures, we estimate the total cost of the
proposed AD to be $60,384,000. Our estimate is independent of any
possible warranty coverage.

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.
    We are 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

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

Lycoming Engines (formerly Textron Lycoming): Docket No. FAA-2006-
24785; Directorate Identifier 2006-NE-20-AD.

(a) Comments Due Date

    We must receive comments by June 5, 2012.

(b) Affected ADs

    This AD supersedes AD 2006-20-09, Amendment 39-14778 (71 FR
57407, September 29, 2006).

(c) Applicability

    This AD applies to Lycoming Engines (L)O-360, (L)IO-360, AEIO-
360, IO-390, AEIO-390, O-540, IO-540, AEIO-540, (L)TIO-540, IO-580,
AEIO-580, and IO-720 series reciprocating engines listed by engine
model number and serial number in Table 1, Table 2, Table 3, or
Table 4 of Lycoming Mandatory Service Bulletin (MSB) 569A, dated
April 11, 2006, and those engines with crankshafts listed by
crankshaft serial number in Table 5 of Lycoming MSB 569A, dated
April 11, 2006. These applicable engines are manufactured new,
rebuilt, overhauled, or had a crankshaft installed after January 1,
1997.

(d) Unsafe Condition

    This AD results from Lycoming Engines discovering that the March
1, 1997 start date of affected engine models in MSB No. 569A, is
incorrect. This AD also results from the need to include the IO-390,
AEIO-390, and AEIO-580 series engine models having affected
crankshafts. We are issuing this AD to prevent failure of the
crankshaft, which will result in total engine power loss, in-flight
engine failure, and possible loss of the aircraft.

(e) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified unless the actions
have already been done.

(f) Credit for Previous Actions

    (1) If you previously complied with any of the following ADs, no
further action is required:
    (i) AD 2002-19-03 (67 FR 59139, September 20, 2002); or
    (ii) AD 2005-19-11 (70 FR 54618, September 16, 2005); or
    (iii) AD 2006-06-16 (71 FR 14638, March 23, 2006).
    (2) If you previously accomplished any of the following Lycoming
MSBs, no further action is required:
    (i) MSB No. 552; or
    (ii) MSB No. 553; or
    (iii) Supplement No. 1 to MSB No. 553; or
    (iv) MSB No. 566; or
    (v) Supplement No. 1 to MSB No. 566; or
    (vi) MSB No. 569, MSB No. 569A, and Supplement 1 to MSB No.
569A.
    (3) If Lycoming Engines manufactured new, rebuilt, overhauled,
or repaired your engine, or replaced the crankshaft in your engine
before January 1, 1997, and you have not had the crankshaft
replaced, no further action is required.
    (4) If Table 1, Table 2, Table 3, or Table 4 of Lycoming MSB No.
569A, dated April 11, 2006, lists your engine serial number (S/N),
and Table 5 of MSB No. 569A, dated April 11, 2006, does not list
your crankshaft S/N, no further action is required.
    (5) For engine model TIO-540-U2A, S/N L-4641-61A, no action is
required.

(g) Engines for Which Action Is Required

    If you did not previously comply with any of the ADs listed in
paragraph (f)(1) of this AD, do the following:
    (1) If Table 1, Table 2, Table 3, or Table 4 of Lycoming MSB No.
569A, dated April 11, 2006, lists your engine S/N, and Table 5 of
MSB No. 569A, dated April 11, 2006, lists your crankshaft S/N,
replace the affected crankshaft with a crankshaft that is not listed
in Table 5 of MSB No. 569A at the earliest of the following:
    (i) The time of the next engine overhaul as specified in
Lycoming Engines Service Instruction No. 1009AU, dated November 18,
2009; or
    (ii) The next separation of the crankcase, or
    (iii) No later than 12 years from the time the crankshaft first
entered service or was last overhauled, whichever is later.
    (2) If Table 1, Table 2, Table 3, or Table 4 of Lycoming MSB No.
569A, dated April 11, 2006, does not list your engine S/N, and Table
5 of MSB No. 569A does list your crankshaft S/N (an affected
crankshaft was installed as a replacement), replace the affected
crankshaft with a crankshaft that is not listed in Table 5 of MSB
No. 569A at the earliest of the following:
    (i) The time of the next engine overhaul as specified in
Lycoming Engines Service Instruction No. 1009AU, dated November 18,
2009; or
    (ii) The next separation of the crankcase, or
    (iii) No later than 12 years from the time the crankshaft first
entered service or was last overhauled, whichever is later.

(h) Prohibition Against Installing Certain Crankshafts

    After the effective date of this AD, do not install any
crankshaft that has a S/N listed in Table 5 of Lycoming MSB No.
569A, dated April 11, 2006, into any engine.

(i) Alternative Methods of Compliance (AMOC)

    The Manager, New York Aircraft Certification Office, may approve
AMOCs to this AD. Use the procedures in 14 CFR 39.19 to make your
request. AMOCs approved for AD 2002-19-03 (67 FR 59139, September
20, 2002) and AD 2006-20-09 (71 FR 57407, September 29, 2006) are
approved as AMOCs for this AD.

(j) Related Information

    (1) For more information about this AD, contact Norm Perenson,
Aerospace Engineer, New York Aircraft Certification Office, FAA,
Engine & Propeller Directorate, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Lycoming, 652 Oliver Street, Williamsport, PA 17701; telephone: 570-
323-6181; fax:<PHONE_NUMBER>, or on the internet at
www.Lycoming.Textron.com. You may review copies of the referenced
service information at the FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on April 2, 2012.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2012-8287 Filed 4-5-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Proposed Rules]
[Pages 27559-27566]
[FR Doc No: 2019-12181]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0511; FRL-9994-92-Region 2]

Approval of Air Quality Implementation Plans; New York;
Infrastructure Requirements for the 2008 Ozone, 2010 Sulfur Dioxide,
and 2012 Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain elements of New York's State Implementation Plan (SIP)
revisions, submitted to demonstrate that the State meets the
requirements of the Clean Air Act (CAA) for the 2008 Ozone; 2010 Sulfur
Dioxide; and 2012 particulate matter of 2.5 microns or less
(PM2.5) National Ambient Air Quality Standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit for
approval into the SIP a plan for the implementation, maintenance and
enforcement of each NAAQS promulgated by the EPA.

DATES: Comments must be received on or before July 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0511 at http://www.regulations.gov. 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 additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?
II. What is the background information?
III. What is a section 110(a)(1) and (2) SIP?
IV. What elements are required under section 110(a)(1) and (2)?
V. What is EPA's approach to the review of infrastructure SIP
submissions?
VI. What did New York submit?
VII. How has the State addressed the elements of the section
110(a)(1) and (2) ``infrastructure'' provisions?
VIII. What action is EPA taking?
IX. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    The EPA is proposing to approve certain elements of the State of
New York Infrastructure State Implementation Plan (SIP) as meeting the
section 110(a) infrastructure requirements of the Clean Air Act (CAA)
for the following National Ambient Air Quality Standards (NAAQS or
standard): 2008 Ozone, 2010 sulfur dioxide (SO2), and 2012
particulate matter of 2.5 microns or less (PM2.5). As
explained below, the EPA is proposing to find that the State has the
necessary infrastructure, resources, and general authority to implement
the standards noted above.

II. What is the background information?

    Section 110(a)(1) of the CAA requires states to submit for approval
into the SIP a plan that provides for the implementation, maintenance,
and enforcement of new or revised NAAQS

within three years following the promulgation of such NAAQS. The EPA
commonly refers to such state plans as ``infrastructure SIPs.''
     On March 12, 2008, the EPA promulgated a revised NAAQS for
ozone. 73 FR 16436 (March 27, 2008).
     On June 2, 2010), the EPA promulgated a revised primary
NAAQS for SO2. 75 FR 35520 (June 22, 2010).
     On December 14, 2012, the EPA promulgated a revised
primary NAAQS for PM2.5 for the annual standard. 78 FR 3086
(Jan. 15, 2013).
    The New York State Department of Environmental Conservation
(NYSDEC) submitted the following revisions to its Infrastructure State
Implementation Plan (ISIP):

 2008 Ozone ISIP submitted on April 4, 2013
 2010 SO2 ISIP submitted on October 3, 2013
 2012 PM2.5 ISIP submitted on November 30, 2016

    On August 26, 2016 (81 FR 58849), the EPA published its action on
certain elements of NYSDEC's April 4, 2013 SIP submittal pertaining to
the 2008 Ozone ISIP. The EPA's action addressed CAA section
110(a)(2)(D)(i)(I) which requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment of the NAAQS (commonly
referred to as prong 1), or interfering with maintenance of the NAAQS
(prong 2), in any other state and CAA section 110(a)(2)(D)(i)(II) which
requires SIPs to include provisions prohibiting any source or other
type of emissions activity in one state from interfering with measures
required to protect visibility (prong 4). The EPA disapproved
110(a)(2)(D)(i)(I) (prongs 1 and 2) and approved 110(a)(2)(D)(i)(II)
(prong 4) for the 2008 Ozone NAAQS. 81 FR 58849, 58855 (August 26,
2016).
    The EPA approved portions of New York's infrastructure SIP
submittals for the 2008 Ozone and 2010 SO2 NAAQS \1\
pertaining to CAA sections 110(a)(2)(C), (D)(i)(II) (prong 3), and (J),
including PSD interstate transport provisions.\2\ 81 FR 95047 (December
27, 2016).
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    \1\ The approval also included the 2008 Lead NAAQS, which is not
a subject of this action.
    \2\ CAA 110(a)(2)(C) (requires SIPs to include a program to
provide for enforcement of emission limitations and other control
measures described in CAA 110(a)(2)(A)); CAA 110(a)(2)(D)(i)(II)
(which requires SIPs to include provisions prohibiting any source or
other type of emissions activity in one state from interfering with
measures required to prevent significant deterioration of air
quality in another state); CAA 110(a)(2)(J) (requirements related to
consultation, public notification and PSD and visibility
protection).
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III. What is a section 110(a)(1) and (2) SIP?

    Section 110(a)(1) provides the procedural and timing requirements
for SIPs. Section 110(a)(2) lists specific elements that states must
meet for ``infrastructure'' SIP requirements related to a newly
established or revised NAAQS.
    Sections 110(a)(1) and (2) of the CAA require, in part, that states
submit to the EPA plans to implement, maintain and enforce each of the
NAAQS promulgated by the EPA. The EPA interprets this provision to
require states to address basic SIP requirements including emission
inventories, monitoring, and modeling to assure attainment and
maintenance of the standards. By statute, SIPs meeting the requirements
of section 110(a)(1) and (2) are to be submitted by states within three
years after promulgation of a new or revised standard.

IV. What elements are required under section 110(a)(1) and (2)?

    The infrastructure requirements of CAA sections 110(a)(1) and (2),
relevant to this action, are discussed in the following EPA guidance
documents: EPA's October 2, 2007, memorandum entitled ``Guidance on SIP
Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour
Ozone and PM2.5 National Ambient Air Quality Standards;''
September 25, 2009, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards;''
September 13, 2013, memorandum entitled ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2);'' \3\ and March 17, 2016, ``Information on
Interstate Transport ``Good Neighbor'' provision for the 2012 Fine
Particulate Matter (PM) National Ambient Air Quality Standards under
Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I).''
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    \3\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' can
be found at: http://www.epa.gov/airquality/urbanair/sipstatus/infrastructure.html.
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    The EPA reviews each infrastructure SIP submission with the
applicable statutory provisions of CAA 110(a)(2). The 14 elements
required to be addressed by CAA section 110(a)(2) are:
     110(a)(2)(A): Emission limits and other control measures;
     110(a)(2)(B): Ambient air quality monitoring/data system;
     110(a)(2)(C): Program for enforcement of control measures
and for construction or modification of stationary sources;
     110(a)(2)(D)(i)(I) and (II): Interstate pollution
transport;
     110(a)(2)(D)(ii): Interstate and international pollution
abatement;
     110(a)(2)(E): Adequate resources and authority, conflict
of interest, oversight of local governments and local authorities;
     110(a)(2)(F): Stationary source monitoring and reporting;
     110(a)(2)(G): Emergency powers;
     110(a)(2)(H): Future SIP revisions;
     110(a)(2)(I): Plan revisions for nonattainment areas
(under part D);
     110(a)(2)(J): Consultation with government officials,
public notification, and PSD and visibility protection;
     110(a)(2)(K): Air quality modeling and data;
     110(a)(2)(L): Permitting fees;
     110(a)(2)(M): Consultation/participation by affected local
entities.
    Two elements identified in section 110(a)(2) are not governed by
the 3-year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
due at the time that the nonattainment area plan requirements are due
pursuant to section 172 of the CAA. See 77 FR 46354 (August 3, 2012)
and 77 FR 60308 (October 3, 2012, footnote 1). These requirements are:
(1) Submissions required by section 110(a)(2)(C) to the extent that
subsection refers to a permit program as required in part D Title I of
the CAA, and (2) submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements of part D, Title I
of the CAA. As a result, this action does not address the nonattainment
permit program requirements of section 110(a)(2)(C) for 2012
PM2.5 or the nonattainment planning requirements related to
section 110(a)(2)(I) for the 2008 Ozone, 2010 SO2, or 2012
PM2.5.
    This action partially addresses Element D (interstate pollution
transport, interstate and international pollution abatement). As
mentioned in section II, the EPA previously disapproved
110(a)(2)(D)(i)(I) (prongs 1 and 2) and approved 110(a)(2)(D)(i)(II)
(prong 4) for the 2008 Ozone NAAQS. 81 FR 58849 (Aug. 26, 2016). The
EPA approved 110(a)(2)(D)(i)(II) (prong 3) for the 2008 Ozone and 2010
SO2 NAAQS. 81 FR 95047 (December 27, 2016). This action
addresses the remaining element D provisions for 2008 Ozone, 2010
SO2 and 2012 PM2.5 NAAQS, except for
110(a)(2)(D)(i)(I) (prongs 1 and 2)

provisions for the 2010 SO2 NAAQS and the 2012
PM2.5 NAAQS, which will be addressed in a subsequent action
by the EPA. Therefore, with respect to element D, this action
addresses:

 110(a)(2)(D)(i)(II) (prong 3) for the 2012 PM2.5
NAAQS; and
 110(a)(2)(D)(i)(II) (prong 4) for the 2010 SO2
NAAQS and 2012 PM2.5 NAAQS
 110(a)(2)(D)(ii) for 2008 Ozone NAAQS, 2010 SO2
NAAQS and 2012 PM2.5 NAAQS

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

    The discussion of the EPA's approach to the review of
infrastructure SIP submissions is detailed in the ``Technical Support
Document for the EPA's proposed Rulemaking for the New York State
Implementation Plan Revision for Meeting the Infrastructure
Requirements in the Clean Air Act'' dated 2019 (TSD). The TSD is
available in the electronic docket (EPA-R02-OAR-2018-0511) at
www.regulations.gov.
    Whenever the EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make Infrastructure SIP submissions to
provide for the implementation, maintenance, and enforcement of the
NAAQS. These submissions must meet the various requirements of CAA
section 110(a)(2), as applicable. Due to ambiguity in some of the
language of CAA section 110(a)(2), the EPA believes that it is
appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. The EPA has previously
provided comprehensive guidance on the application of these provisions
through a guidance document for infrastructure SIP submissions and
through regional actions on infrastructure submissions.\4\ Unless
otherwise noted below, we are following that existing approach in
acting on these submissions. In addition, in the context of acting on
such infrastructure submissions, the EPA evaluates the submitting
state's SIP for facial compliance with statutory and regulatory
requirements, not for the state's implementation of its SIP.\5\ The EPA
has other authority to address issues concerning a state's
implementation of its SIP.
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    \4\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on New York's infrastructure SIP to address the Nitrogen
Dioxide NAAQS, 85 FR 25066, 25067 (May 2, 2014).
    \5\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. Thomas, 902 F.3d 971
(Aug. 30, 2018).
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VI. What did New York submit?

    NYSDEC submitted the following SIP submittals which address the
infrastructure requirements for the identified NAAQS:

 2008 Ozone ISIP submitted on April 4, 2013
 2010 SO2 ISIP submitted on October 3, 2013
 2012 PM2.5 ISIP submitted on November 30, 2016

    New York's section 110 submittals demonstrate how the State, where
applicable, has a plan in place that meets the requirements of section
110 for the 2008 Ozone, 2010 SO2, and 2012 PM2.5
NAAQS. The plans reference the current New York Air Quality SIP, the
New York Codes, Rules and Regulations (NYCRR), the New York
Environmental Conservation Law (ECL) and the New York Public Officer's
Law (POL). The NYCRR, ECL and POL referenced in the submittal are
publicly available. New York's SIP and air pollution control
regulations that have been previously approved by the EPA and
incorporated into the New York SIP can be found at 40 CFR 52.1670 and
are posted on the internet at https://www.epa.gov/sips-ny.

VII. How has the State addressed the elements of the section 110(a)(1)
and (2) ``infrastructure'' provisions?

    Infrastructure SIPs for different criteria pollutants can have
common aspects which are consistent for each NAAQS (e.g., authority to
promulgate emission limitations, enforcement, air quality modeling
capabilities, adequate personnel, resources and legal authority). The
EPA compared New York's Infrastructure SIP submittals for the 2008
Ozone, 2010 SO2, and 2012 PM2.5 NAAQS with New
York's Infrastructure SIP submittals for the 1997 8-hour Ozone and the
1997 and 2006 PM2.5 NAAQS, on which the EPA took final
action approving certain elements and sub-elements. 78 FR 37122 (June
20, 2013). Certain elements of the infrastructure SIP submittals are
not pollutant specific. Based upon the EPA's comparison, the EPA is
proposing to determine that the information provided in New York's
Infrastructure SIP submittal for the 2008 Ozone, 2010 SO2
and the 2012 PM2.5 NAAQS for elements E, F, H, K, L, and M
is consistent with or identical to the information provided in New
York's Infrastructure SIP submittal for the 1997 8-hour ozone, 1997 and
2006 PM2.5 NAAQS. The EPA's rationale for approving certain
elements of New York's Infrastructure SIP for 2008 Ozone, 2010
SO2, and 2012 PM2.5 NAAQS is the same as the
rationale for approving those elements of New York's 1997 8-hour ozone
and 1997 and 2006 PM2.5 Infrastructure SIPs, so the EPA is
not repeating this evaluation in today's proposal. Instead, the reader
is referred to the EPA's evaluation of the SIP submittals for the 1997
8-hour ozone and 1997 and 2006 PM2.5 Infrastructure SIPs
detailed in the following documents: (1) Three documents titled
``Technical Support Document for EPA's Proposed Rulemaking for the New
York's State Implementation Plan Revision: State Implementation Plan
Revision For Meeting the Infrastructure Requirements In the Clean Air
Act'' dated December 13, 2007, October 2, 2008 and March 15, 2010; (2)
the EPA's rulemaking proposing approval of certain elements of New
York's Infrastructure SIP submittal for the 1997 8-hour ozone and the
1997 and 2006 PM2.5 NAAQS, 78 FR 25236 (April 30, 2013); (3)
the EPA's final rule approving certain elements of New York's
Infrastructure SIPs for the 1997 8-hour ozone and the 1997 and 2006
PM2.5 NAAQS, 78 FR 37122 (June 20, 2013). These documents
are available in the electronic docket for today's proposed action at
www.regulations.gov. We are, of course, accepting comments on that
rationale as it applies to this proposed approval of New York's
Infrastructure SIP for the 2008 Ozone, 2010 SO2 and 2012
PM2.5 NAAQS.
    As discussed in the following sections, the EPA is providing a more
detailed analysis of the remaining elements of New York's 2008 Ozone,
2010 SO2, and 2012 PM2.5 Infrastructure SIP
submittals namely elements A, B, C, D, G, and J.
    In summary, the EPA is proposing approval of the following elements
and sub-elements of New York's Infrastructure SIP submittal for 2008
Ozone, 2010 SO2, and 2012 PM2.5 NAAQS (except as
indicated): 110(a)(A) [emission limits and other control measures];
110(a)(2)(B) [ambient air quality monitoring/data system]; 110(a)(2)(C)
[program for enforcement of control measures] for the 2012
PM2.5 NAAQS only; 110(a)(2)(D)(i)(II) [interstate
transport], Prong 3 for 2012 PM2.5 NAAQS, and Prong 4 for
the 2010 SO2 NAAQS and the 2012 PM2.5 NAAQS;
110(a)(2)(D)(ii) [interstate and international pollution abatement];
110(a)(2)(E) [adequate resources, state

boards/conflict of interest, oversight of local governments and local
authorities]; 110(a)(2)(F) [stationary source monitoring]; 110(a)(2)(G)
[emergency power]; 110(a)(2)(H) [future SIP revisions]; 110(a)(2)(J)
[consultation with government official, public notification, and PSD
for the 2012 PM2.5 NAAQS only]; 110(a)(2)(K) [air quality
and modeling/data]; 110(a)(2)(L) [permitting fees]; and 110(a)(2)(M)
[consultation/participation by affected local entities].
    The EPA is not acting on New York's submittal for 2012
PM2.5 as it relates to nonattainment provisions, including
the nonattainment NSR program required by part D, in section
110(a)(2)(C) and is not acting on New York's submittals for 2008 Ozone,
2010 SO2 and 2012 PM2.5 as they relate to the
measures for attainment required by section 110(a)(2)(I) because the
State's Infrastructure SIP submittals do not include nonattainment
requirements and the EPA will act on them when and if necessary. The
EPA is also not acting on the visibility protection portion of element
J for the 2012 PM2.5 submittal.
    Element A: Emission Limits and Other Control Measures: Section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, measures, means, or techniques, and schedules
for compliance. In each of the submittals, New York identifies
provisions of its federally enforceable SIP that contain enforceable
emission limits and other control measures. The EPA is proposing to
determine that New York has met the requirements of 110(a)(2)(A) of the
CAA with respect to the 2008 Ozone, 2010 SO2 and 2012
PM2.5 NAAQS.
    Element B: Ambient air quality monitoring/data system: Section
110(a)(2)(B) requires SIPs to include provisions to provide for
establishment and operation of ambient air quality monitors, to
monitor, compile and analyze ambient air quality data, and to make
these data available to EPA upon request. NYSDEC submittal for the 2012
PM2.5 NAAQS details the State's authority to adopt and
enforce provisions of the SIP. The EPA proposes to find that these
provisions demonstrate that NYSDEC has the requisite authority to
support element B. NYSDEC states that it will continue to operate an
air quality monitoring network that complies with the EPA requirements
and will submit this data to the EPA's Air Quality System (AQS).
NYSDEC's submittals state that they measure air pollutants at more than
50 sites across the State using continuous and/or manual
instrumentation, in accordance with 40 CFR part 53 and 58. These sites
are part of the federally-mandated National Cores Sites (NCORE) and the
State and Local Air Monitoring Stations (SLAMS) network. Near real time
direct reading measurements include gaseous criteria pollutants (ozone,
SO2, NOX and carbon monoxide, PM2.5
and meteorological data). Filter based PM2.5 samples are
collected and shipped to a laboratory for analysis. In January 2017, in
accord with the Data Requirements Rule for the 2010 SO2
standard,\6\ NYSDEC established four monitors near two large sources,
one in St. Lawrence County (Alcoa Massena Aluminum Plant) and the other
in Tompkins County (Cayuga Power Plant) to characterize SO2
air quality in the area.
---------------------------------------------------------------------------

    \6\ August 21, 2015 (80 FR 50152).
---------------------------------------------------------------------------

    NYSDEC prepares an Annual Monitoring Network Plan that describes in
detail the specifics of the monitoring network as required by 40 CFR
58.10. The EPA is therefore proposing that New York has met the
requirements of section 110(a)(2)(B) of the CAA with respect to the
2008 Ozone, 2010 SO2 \7\ and 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \7\ EPA notes that designations for the 2010 SO2
standards were finalized in three rounds on July 25, 2013 (78 FR
47191), August 5, 2013 (78 FR 47191), July 12, 2016 (81 FR 45039),
December 13, 2016 (81 FR 89870), and January 9, 2018 (83 FR 1098).
---------------------------------------------------------------------------

    Element C: Program for enforcement of control measures and for
construction or modification of stationary sources: Section
110(a)(2)(C) requires states to have a plan that includes a program
providing for enforcement of all SIP measures and the regulation of the
modification and construction of any stationary source, including a
program to meet Prevention of Significant Deterioration (PSD) of Air
Quality and minor source new source review. This element is being
evaluated for the 2012 PM2.5 NAAQS only.

Enforcement of SIP Measures

    New York's PM2.5 infrastructure SIP submittal explains
that its SIP is a compilation of rules and regulations that have been
duly promulgated by NYSDEC in accordance with its statutory authority
and consistent with the New York State Administrative Procedures Act.
New York cites Environmental Conservation Law (ECL) section 19-0305,
which authorizes the Commissioner to enforce NYSDEC codes, rules and
regulations established in accordance with ECL Articles 19 and 71. This
includes all control measures that have been adopted into the SIP. New
York states that its authority for enforcement of emission limits and
control measures is provided for in ``Enforcement of Article 19 and Air
Pollution Emergency Rules and Regulations.'' ECL Article 71, Title 21.
New York also identifies the enforcement provisions included in 6 NYCRR
Part 201, specifically 201-1.13 which gives NYSDEC access to regulated
facilities in order to determine compliance.

Regulation of Minor Sources and Minor Modifications

    New York states that it permits minor sources of air pollution
through 6 NYCRR Subparts 201-4, ``Minor Facility Registration'' and
201-5, ``State Facility Permits'' and applicable State and Federal
regulations.

PSD Permitting of Major Sources

    New York references the State's PSD and Nonattainment New Source
Review (NNSR) permitting program contained in 6 NYCRR Part 231, ``New
Source Review for New and Modified Facilities'' and the State's
permitting program contained in 6 NYCRR 201, ``Permits and
Registrations.'' The EPA approved New York's PSD and NNSR program into
the SIP on November 17, 2010 (75 FR 70140). New York adopted revisions
to Part 231 and 201 to implement PM2.5 provisions that were
not included in the earlier rule and submitted them to the EPA on
October 12, 2011. The EPA approved the SIP revision on December 27,
2016 (81 FR 95047).
    The EPA is proposing to approve New York's Infrastructure SIP for
the 2012 PM2.5 NAAQS with respect to the program for
enforcement of control measures requirements of element C. The EPA
proposes to find that the State has adequate authority and regulations
to ensure that SIP-approved control measures are enforced. The EPA is
proposing to find that New York meets the requirement to have a SIP
approved minor new source review program. The EPA also finds that,
based on the approval of New York's PSD program, New York has the
authority to regulate the construction of new or modified stationary
sources to meet the PSD program requirements.
    As discussed in Section IV, the EPA is not addressing the
nonattainment permit program requirements of section 110(a)(2)(C) for
2012 PM2.5 NAAQS.
    The EPA proposes to determine that New York has met the
requirements of section 110(a)(2)(C) of the CAA with respect to the
2012 PM2.5 NAAQS.
    Element D: Interstate transport: Section 110(a)(2)(D) of the CAA is
divided into two subsections, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). The
first of these, 110(a)(2)(D)(i), in turn, contains four ``prongs'' the
first two of

which appear in 110(a)(2)(D)(i)(I) and the second two of which appear
in 110(a)(2)(D)(i)(II). The two prongs in 110(a)(2)(D)(i)(I) prohibit
any source or other type of emissions activity within the State from
emitting any air pollutants in amounts which will contribute
significantly to nonattainment in any other state with respect to any
primary or secondary NAAQS (prong 1), or interfere with maintenance by
any other state with respect to any primary or secondary NAAQS (prong
2). Section 110(a)(2)(D)(i)(I) is not being reviewed in this action.
Section 110(a)(2)(D)(i)(II) prohibits any source or other type of
emissions activity within the State from emitting any air pollutants in
amounts which will interfere with measures required to be included in
the applicable implementation plan for any other state under part C to
prevent significant deterioration of air quality (prong 3) or to
protect visibility (prong 4). Subsection 110(a)(2)(D)(ii) addresses
interstate and international pollution abatement and requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
CAA, relating to interstate and international pollution abatement.
    The EPA acted on portions of 110(a)(2)(D)(i)(I) and (II) with
respect to 2008 Ozone and 2010 SO2 NAAQS. The EPA
disapproved the portion of the 2008 Ozone infrastructure SIP submittal
addressing CAA section 110(a)(2)(D)(i)(I), concerning nonattainment of
the NAAQS (prong 1), and interfering with maintenance of the NAAQS
(prong 2) and approved the portion of the 2008 Ozone infrastructure SIP
submittal addressing CAA section 110(a)(2)(D)(i)(II) concerning
visibility (prong 4).\8\ With respect to the requirements of
110(a)(2)(D)(i)(II) (prong 3), the EPA previously approved \9\ this
portion of New York's SIP submissions for 2008 Ozone and 2010
SO2 NAAQS. New York's SIP submissions that address section
110(a)(2)(D)(i)(I) [prongs 1 and 2] for 2010 SO2 NAAQS, and
2012 PM2.5 NAAQS are currently being reviewed by the EPA,
and the Agency will take action at a later date. Our evaluation of New
York's submittals is limited to assessing whether New York's submittals
meet the requirements of 110(a)(2)(D) under review in this proposal.
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    \8\ August 26, 2016 (81 FR 58849).
    \9\ December 27, 2016 (81 FR 95047).
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    For the 2012 PM2.5 NAAQS, the EPA is proposing that New
York satisfies the 110(a)(2)(D)(i)(II) requirement for prong 3. New
York relies on its PSD program to prevent significant deterioration of
air quality within the state and in other nearby states. New York's SIP
approved 6 NYCRR Part 231 includes both PSD permitting requirements,
which regulate major sources in attainment areas, and Nonattainment New
Source Review requirements, which regulate major sources in
nonattainment areas. New York has affirmed that the program remains in
effect and applies to PM2.5. New York adopted revisions to
Part 231, which included provisions to implement PSD/Nonattainment New
Source Review requirements for PM2.5 and submitted them to
EPA in October 12, 2011. The EPA approved these State revisions to Part
231 in the December 27, 2016 Federal Register issue.
    The EPA is proposing that New York satisfies the
110(a)(2)(D)(i)(II) requirement for visibility (prong 4). New York
addresses visibility protection requirements for both the 2010
SO2 and 2012 PM2.5 NAAQS through its EPA-approved
Regional Haze SIP.\10\ The EPA's regional haze rule requires that a
state participating in a regional planning process include all measures
needed to achieve its apportionment of emission reduction obligations
agreed upon through that process.\11\ The regional haze rule also
requires the state to submit periodic reports describing progress
towards reasonable progress goals established for regional haze and the
adequacy of the state's regional haze SIP. Thus, New York's approved
Regional Haze SIP and approved reasonable progress plan ensure that
emissions from sources within the State are not interfering with
measures to protect visibility in other states.
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    \10\ August 28, 2012 (77 FR 51915).
    \11\ 40 CFR part 51, subpart P.
---------------------------------------------------------------------------

    The EPA notes that New York's Regional Haze SIP was supplemented
with a Federal Implementation Plan (FIP) to address two sources,
Danskammer Generating Station, Unit No. 4 (Danskammer) and Roseton
Generating Station, Units 1 and 2 (Roseton), where the Agency
disapproved New York's BART determinations. Following the EPA's action
on New York's Regional Haze Plan, the Title V permits for Danskammer
and Roseton were updated by New York to incorporate the FIP limits
established by the EPA. The Title V permits for Danskammer and Roseton
were submitted to the EPA as SIP revisions on August 20, 2015, and
April 18, 2017, respectively. The EPA published the SIP approval for
Danskammer on December 4, 2017 (82 FR 57126) and the SIP approval for
Roseton on February 16, 2018 (83 FR 6970).
    Regarding section 110(a)(2)(D)(ii), which relates to interstate and
international pollution abatement, the EPA is proposing to approve New
York's submissions for infrastructure element 110(a)(2)(D)(ii) for the
2008 Ozone, 2012 PM2.5 and the 2010 SO2 NAAQS.
New York's SIP-approved PSD program is consistent with 40 CFR
51.166(q)(2)(iv) and requires a source to notify air agencies whose
lands may be affected by emissions from that source. (See 78 FR 25236,
25239; 6 NYCRR 231-7.4(f) and 8.5(f)). New York has no pending
obligations under section 115 or 126 of the CAA.
    Element E: Adequate Resources: Section 110(a)(2)(E) requires each
state to provide necessary assurances that the state will (i) have
adequate personnel, funding, and authority under state law to carry out
the SIP (and is not prohibited by any provision of federal or state law
from carrying out the SIP or portion thereof), (ii) will comply with
the requirements respecting state boards under CAA section 128, and
(iii) where the state has relied on a local or regional government,
agency, or instrumentality for the implementation of any SIP provision,
the state has responsibility for ensuring adequate implementation of
such SIP provision. This element of the submittals is common to New
York infrastructure submittals that the EPA has previously approved
and, therefore, as discussed in Section VII, the EPA is not repeating
the rationale for approving this element of the submittals. See 78 FR
37122 (June 20, 2013). The EPA proposes to approve the submittals for
the 2012 PM2.5, 2008 Ozone, and 2010 SO2 NAAQS.
    Element F: Stationary Source Monitoring and Reporting: Section
110(a)(2)(F) requires states to establish a system to monitor emissions
from stationary sources and to submit periodic emission reports. This
element of the submittals is common to New York infrastructure
submittals that the EPA has previously approved and, as discussed in
Section VII, EPA, therefore, is not repeating the rationale for
proposing to approve this element of the submittals. New York's
submittal for the 2012 NAAQS PM2.5 NAAQS provides more
detailed information regarding their authority for stationary source
monitoring and reporting in further support of the EPA's proposed
approval of this element.
    Element G: Emergency power: Section 110(a)(2)(G) requires states to
provide for emergency authority to address activities causing imminent
and substantial endangerment to public health and requires states to
submit adequate contingency plans to

implement the emergency episode provisions in their SIPs.
    The EPA requires that Infrastructure SIP submittals should meet the
applicable contingency plan requirements of 40 CFR part 51, subpart H
(40 CFR 51.150 through 51.153) (``Prevention of Air Pollution Emergency
Episodes''). Subpart H requires states that have air quality control
regions identified as either Priority I, Priority IA or Priority II to
develop emergency episode contingency plans.
    Articles 3 and 19 of the ECL provide New York State with the
authority to address air pollution emergencies. ECL section 3-0301,
entitled ``General functions power and duties of the DEC and the
commissioner,'' authorizes NYSDEC to prevent and control air pollution
emergencies as defined in ECL section 1-0303. ECL articles 3 and 19 are
implemented through 6 NYCRR part 207, ``Control Measures for Air
Pollution Episodes'' which the EPA approved as part of the New York
SIP. See 46 FR 55690 (November 12, 1981).
    The EPA also notes that the NYSDEC maintains Air Pollution Episode
Procedures (APEPs) also called Alert Criteria (updated December 2018 at
http://www.dec.ny.gov/chemical/60440.html). In October 2009, NYSDEC
completed a comprehensive revision of the APEPs to address updated
PM2.5 significant harm levels (SHLs) along with revised
values for ozone episodes. This revision involved updating contact
information for the Bureaus of Air Quality Assurance, Stationary
Sources, and Air Quality Surveillance, and the Impact Assessment and
Meteorology Section. Local level emergency contacts were also updated.
NYSDEC's APEPs include air pollution episode criteria for
PM2.5, coarse PM10, ozone, carbon monoxide,
SO2 and nitrogen dioxide, based on SHLs established by the
EPA.
    The EPA proposes that New York has met the requirements of section
110(a)(2)(G) for the 2008 Ozone, 2010 SO2 and 2012
PM2.5 NAAQS.
    Element H: Future SIP Revisions: Section 110(a)(2)(H) requires
states to have authority to revise their SIPs in response to changes in
the NAAQS or availability of improved methods for attaining the NAAQS
and whenever the EPA finds that the SIP is substantially inadequate.
This element of the submittals is common to New York infrastructure
submittals that the EPA has previously approved and, as discussed in
Section VII, the EPA is not repeating the rationale for proposing to
approve this element of the submittals.
    Element I: Plan Revisions for Nonattainment Areas (under part D):
Section 110(a)(2)(I) requires that each plan or plan revision for an
area designated as a nonattainment area meet the applicable
requirements of part D of the CAA. Part D relates to nonattainment
areas. The EPA has determined that CAA 110(a)(2)(D)(I) (Element I) is
not applicable to the infrastructure SIP process. The EPA takes action
on part D nonattainment plans through a separate process.
    Element J: Section 110(a)(2)(J): Consultation with Government
Officials, Public Notification, and PSD and Visibility Protection: As
mentioned above, the EPA previously approved portions of New York's
infrastructure SIP submittals for the 2008 Ozone and 2010
SO2 NAAQS \12\ pertaining to CAA sections 110(a)(2)(J). See
81 FR 95047 (December 27, 2016). Therefore, this proposal only pertains
to the EPA's review of element J as it applies to 2012 PM2.5
NAAQS.
---------------------------------------------------------------------------

    \12\ The approval also included the 2008 Lead NAAQS, which is
not a subject of this action.
---------------------------------------------------------------------------

Consultation With Government Officials

    The CAA Section 110(a)(2)(J) requires states to meet the applicable
requirements of CAA 121 relating to consultation. CAA Section 121
requires states to provide a satisfactory process of consultation with
general purpose local governments, designated organizations of elected
officials of local governments, Tribal Nations, Federal Land Managers
(FLMs) and Regional Organizations.
    NYSDEC has participated in the consultation process of the Regional
Haze SIP (40 CFR 51.308) with the FLMs, states, and Tribal Nations of
the Mid Atlantic/Northeast Visibility Union (MANE/VU) and other
regional planning organizations where emissions from New York State are
reasonably anticipated to contribute to visibility in Class 1 Areas.
    NYSDEC's Regional Haze SIP was submitted to the EPA on March 15,
2010. In a Federal Register notice dated August 28, 2012 (77 FR 51915),
the EPA issued a final rule, effective September 27, 2012, partially
approving the New York State Regional Haze SIP and promulgated a
Federal Implementation Plan (FIP) to address two sources (Danskammer
Generation Station Unit No. 4 and Roseton Generation Station).
    On December 4, 2017 (82 FR 57126) the EPA approved a source
specific revision to the New York State SIP that established BART
emissions limits for the Danskammer Generation Station Unit No. 4 that
are identical to the emission limits established by the EPA's FIP for
Danskammer Unit No. 4. In conjunction with this SIP approval the EPA
withdrew those portions of the FIP that address BART for Danskammer
Unit No. 4. (82 FR 57126, December 4, 2012).
    On February 16, 2018 (83 FR 6970), the EPA approved a source
specific SIP revision for Roseton Generation Station Units 1 and 2.
This SIP revision established BART emissions limits for the Roseton
Generation Station Units 1 and 2 that are identical to those
established by the FIP. The EPA's February 16, 2018 final rule for
Roseton Units 1 and 2 withdrew the FIP that addressed BART for these
two units.
    On December 22, 2005, NYSDEC established a SIP Coordinating Council
consisting of senior policy representatives from 19 state agencies and
authorities, and a SIP Task Force consisting of officials from 37 local
governments and designated organizations of elected officials. The SIP
Coordinating Council provides a means to keep state agencies and local
governments informed of planned SIP activities and deadlines, and also
provides a forum for discussion of SIP requirements and implications,
such as effects on transportation planning. The SIP Task Force provides
a means of facilitating local involvement at the MPO and county level.
Periodic meetings of both groups were held during the ozone and
PM2.5 SIP development period for the 1997 NAAQS and continue
as necessary to address nonattainment of the PM2.5 NAAQS and
other revised standards.
    The EPA proposes to find that New York has met the requirements of
CAA 110(a)(2)(J) for consultation with government officials.

Public Notification

    CAA section 110(a)(2)(J) also requires state plans to meet the
public notification requirements of CAA 127: To notify the public if
NAAQS are exceeded in an area, advise the public of health hazards
associated with exceedances, and enhance public awareness of measures
that can be taken to prevent exceedances and of ways in which the
public can participate in regulatory and other efforts to improve air
quality.
    All ambient air concentrations captured by the State's
PM2.5 monitoring network are submitted to the Air Quality
System for public access. Municipalities have emergency response plans
recommended by the New York State Office of Emergency Management and
the Federal Emergency Management Agency that provide for public
information and notification in the case of large-scale emergencies.

    The NYSDEC's website at http://www.dec.ny.gov/chemical/34985.html
contains an Air Quality Index (AQI) for reporting daily air quality to
the public. It describes how clean or polluted the air is and what
associated health effects might be a concern. When levels of ozone and/
or fine particles exceed an AQI of 100, an Air Quality Health Advisory
is issued alerting sensitive groups to take necessary precautions. The
NYSDEC in cooperation with the New York State Department of Health
posts warnings on the above referenced website and issues press
releases to local media outlets if dangerous conditions are expected to
occur. The Air Quality Index displays the predicted AQI value for eight
regions in New York State. It also displays the observed values for the
previous day. Air Quality measurements from New York's continuous
monitoring network are updated hourly where available. Parameters
monitored include ozone, fine particulate, carbon monoxide, sulfur
dioxide, nitrogen oxides, methane/hydrocarbons and meteorological data.
    Emissions of PM2.5 come from mobile sources, stationary
sources, aviation sources, wildfires and fires prescribed and open
burning and woodstoves. Control measure includes public education on
proper burning and consumer recycling and disposal of waste in
landfills. Programs to replace outdated stoves, low sulfur fuel, diesel
engine retrofits and idling of mobile sources are also included as part
of the public awareness program.
    The public is afforded the opportunity to participate in the
regulatory process by submitting written comments on each major SIP
revision and petitioning for a public hearing on such revisions.
    The EPA proposes to find that New York has met the requirements of
CAA 110(a)(2)(J) for public notification.

Prevention of Significant Deterioration

    New York has a SIP approved PSD/NSR program that covers all
criteria pollutants including PM2.5. 6 NYCRR Part 231 ``New
Source Review for New and Modified Facilities'' was approved by the EPA
on November 17, 2010 (75 FR 70142). 6 NYCRR Part 231 regulates major
sources under NSR (when the source is located in a nonattainment area)
and PSD (when the source is located in an attainment area). NYSDEC
adopted a revision to 6 NYCRR Part 231 to implement PM2.5
provisions in 2011. These revisions were submitted to the EPA for
inclusion in the SIP on October 12, 2011. The EPA approved the State's
revision to Part 231 in a December 27, 2016 action (81 FR 95047).
    The EPA proposes to approve New York's infrastructure SIP with
respect to the requirements of the PSD sub-element of CAA 110(a)(2)(J).

Visibility Protection

    Visibility Protection and regional haze program requirements under
Section 169A and B of Part C are being met by NYSDEC through separate
efforts. In the event of the establishment of a new NAAQS, the
visibility and regional haze program requirements under Part C do not
change. As noted in the EPA's 2013 guidance, we find that there is not
new visibility obligation triggered under Section 110(a)(2)(J) when a
new NAAQS becomes effective. There are thus no new applicable
visibility protection obligations under Section 110(a)(2)(J) resulting
from 2012 PM2.5 NAAQS revision and the EPA, therefore, is
not acting on the visibility aspect of Element J.
    Element K: Air Quality Modeling/Data: Section 110(a)(2)(K) requires
that SIPs provide for air quality modeling for predicting effects on
air quality of emissions from any NAAQS pollutant and submission of
such data to EPA upon request. This element of the submittals is common
to New York infrastructure submittals that the EPA has previously
approved and, as discussed in Section VII, the EPA is not repeating the
rationale for proposing to approve this element of the submittals.\13\
The reader is referred to the EPA's analysis evaluation of the SIP
submittals identified in Section VII.
---------------------------------------------------------------------------

    \13\ Due to State revisions to 6 NYCRR 201-6, section 201-
6.5(a)(7) in the EPA-approved NY Title V program is now numbered in
the State's regulation as 6 NYCRR 201-6.4(a)(7).
---------------------------------------------------------------------------

    Element L: Permitting Fees: Section 110(a)(2)(L) requires SIPs to
mandate that each major stationary source pay permitting fees to cover
the cost of reviewing, approving, implementing and enforcing a permit,
until such time as the SIP fee requirement is superseded by the EPA's
approval of the state's operating permit program. This element of the
submittals is common to New York infrastructure submittals that the EPA
has previously approved and, as discussed in Section VII, the EPA is
not repeating the rationale for proposing to approve this element of
the submittals.
    Element M: Consultation/Participation by Affected Local Entities:
Section 110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP. This element of the submittals is common to New
York infrastructure submittals that the EPA has previously approved and
therefore the EPA is not repeating the rationale for proposing to
approve this element of the submittals. The EPA notes that the
submittals provide more detailed information regarding NYSDEC's
authority to provide for consultation and participation in SIP
development, in further support of the EPA's proposed approval of this
element. The submittals identify the SIP Task Force, consisting of
officials from 37 local governments and designated organizations of
elected officials, as allowing for consultation by local political
subdivisions affected by the SIP and the submittals for the 2010
SO2 NAAQS and 2008 Ozone NAAQS also cite the Inter-agency
Consultation Group, established pursuant to 6 NYCRR Part 240, and the
State Environmental Quality Review process, 6 NYCRR Part 617.

VIII. What action is the EPA taking?

    The EPA is proposing to approve New York's submittals as meeting
the infrastructure requirements for the 2008 Ozone, 2010 SO2
and 2012 PM2.5 NAAQS for all section 110(a)(2) elements and
sub-elements, as follows: (A), (B), (C) [enforcement measures and PSD
program for major sources for 2012 PM2.5 only], (D)(i)(II)
prong 3 [for 2012 PM2.5 only], (D)(i)(II) prong 4 [for 2010
SO2 and 2012 PM2.5 only], D(ii), (E), (F), (G),
(H), (J) [for consultation, public notification and prevention of
significant deterioration 2012 PM2.5 only], (K), (L) and
(M).
    The EPA is not acting on New York's submittal for 2012
PM2.5 as it relates to nonattainment provisions, the NSR
program required by part D, in section 110(a)(2)(C) and is not acting
on New York's submittals for 2008 Ozone, 2010 SO2 and 2012
PM2.5 NAAQS as they relate to the measures for attainment
required by section 110(a)(2)(I), as part of this proposed approval
because the State's infrastructure SIP submittals do not include
nonattainment requirements and the EPA will act on them when, if
necessary, they are submitted.
    The EPA is also not acting on 110(a)(2)(D)(i)(I) provisions (prongs
1 and 2) for the 2010 SO2 NAAQS and the 2012
PM2.5 NAAQS, which will be addressed in a subsequent action
by the EPA.
    The EPA is soliciting public comments on the issues discussed in
this proposal. These comments will be considered before the EPA takes
final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the EPA Regional
Office listed in the ADDRESSES section of this Federal Register, or by
submitting

comments electronically, by mail, or through hand delivery or courier
following the directions in the ADDRESSES section of this Federal
Register.

IX. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This proposed rulemaking pertaining to New York's section 110(a)(2)
infrastructure requirements for the 2008 Ozone NAAQS, 2012
PM2.5 NAAQS, and 2010 SO2 NAAQS does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

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

    Dated: May 28, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-12181 Filed 6-12-19; 8:45 am]
 BILLING CODE 6560-50-P


64366 Federal Register / Vol. 67, No. 202 / Friday, October 18, 2002 / Notices Regional office Staff contact Telephone No. E mail address Atlanta ............................................................... Charles Wagner ................................................ 770– 452– 3765 charles. wagner@ ferc. gov Chicago ............................................................. Dave Simon ...................................................... 312– 353– 6701 david. simon@ ferc. gov New York ........................................................... Chuck Goggins ................................................. 212– 273– 5910 charles. goggins@ ferc. gov Portland ............................................................. Pat Regan ......................................................... 503– 944– 6741 patrick. regan@ ferc. gov San Francisco ................................................... John Wiegel ...................................................... 415– 369– 3336 john. wiegel@ ferc. gov By November 1, 2002, an agenda for the workshop and information about the pending license applications will be posted on the Commission's web site under Hydro Licensing Status Workshop 2002. Anyone without access to the Commission's web site, or who have questions should contact Steve Kartalia at 202– 502– 6131, or e mail stephen. kartalia@ ferc. gov; or Susan O'Brien at 202– 502– 8449, or e mail susan. obrien@ ferc. gov.

Linwood A. Watson, Jr., Deputy Secretary. [FR Doc. 02– 26500 Filed 10– 17– 02; 8: 45 am BILLING CODE 6717– 01– P ENVIRONMENTAL PROTECTION AGENCY [FRL– 7394– 9]

Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Title: 2003 Drinking Water Infrastructure Needs Survey; EPA ICR No. 2085.01. The ICR describes the nature of the information collection and its expected burden and cost; where appropriate, it includes the actual data collection instrument. DATES: Comments must be submitted on or before November 18, 2002. ADDRESSES: Send comments, referencing EPA ICR No. 2085.01 to the following addresses: Susan Auby, U. S. Environmental Protection Agency, Collection Strategies Division (Mail Code 2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460– 0001; and to Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: For a copy of the ICR contact Susan Auby at EPA by phone at (202) 566– 1672, by E Mail at auby. susan@ epa. gov or download off the Internet at http:// www. epa. gov/ icr and refer to EPA ICR No. 2085.01. For technical questions about the ICR contact David Travers at (202) 564– 4638 or travers. david@ epa. gov SUPPLEMENTARY INFORMATION:

Title: Information Collection Request for the 2003 Drinking Water Infrastructure Needs Survey EPA ICR No. 2085.01. Abstract: The Environmental Protection Agency (EPA) will conduct a voluntary survey to estimate the capital investment needs for drinking water systems. The nationwide survey is authorized by sections 1452( h) and 2452( i)( 4) of the Safe Drinking Water Act and will be used to estimate the cost of providing safe drinking water to consumers over a 20 year period. The data also will be used to allocate Drinking Water State Revolving Fund monies among the states and as part of an allotment formula for the American Indian and Alaska Native Village setaside program. All states have committed to assist EPA in administering the survey. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The Federal Register document required under 5 CFR 1320.8( d), soliciting comments on this collection of information was published on July 16, 2002; three comments were received. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; collect, validate, and verify information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Community Water Systems. Estimated Number of Respondents: 3,790. Frequency of Response: Once. Estimated Total Annual Hour Burden: 14,809. Estimated Total Annualized Capital, O& M Cost Burden: $0. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the addresses listed above. Please refer to EPA ICR No. 2085.01 in any correspondence.

Dated: October 7, 2002. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 02– 26574 Filed 10– 17– 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [FRL– 7394– 8]

Agency Information Collection Activities: Submission for OMB Review; Comment Request; Information Collection Request for RCRA Reporting and Recordkeeping Requirements for Incinerators, Boilers and Industrial Furnaces Burning Hazardous Waste AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Information Collection Request for RCRA Reporting and Recordkeeping requirements for Incinerators, Boilers and Industrial Furnaces Burning Hazardous Waste, OMB Control No. 2050– 0073, expiring October 31, 2002. The ICR describes the nature of the information collection and VerDate 0ct< 09> 2002 15: 11 Oct 17, 2002 Jkt 200001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18OCN1. SGM 18OCN1 64367 Federal Register / Vol. 67, No. 202 / Friday, October 18, 2002 / Notices its expected burden and cost; where appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before November 18, 2002.

ADDRESSES: Send comments, referencing EPA ICR No. 1361.09 and OMB Control No. 2050– 0073, to the following addresses: Sandy Farmer, U. S. Environmental Protection Agency, Collection Strategies Division (Mail Code 2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460– 0001; and to Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR contact Susan Auby at EPA by phone at (202) 566– 1672, by e mail at auby. susan@ epamail. epa. gov, or download off the Internet at http:// www. epa. gov/ icr and refer to EPA ICR No. 1361.09. For technical questions about the ICR contact: Margaret R. Bailey, 703/ 308– 4043, fax number 703/ 308– 8433, e mail bailey. margaret@ epa. gov.

SUPPLEMENTARY INFORMATION: Title: Information Requirements for Boilers and Industrial Furnaces: General Hazardous Waste Facility Standards, Specific Unit Requirements, and Part B Permit Application and Modification Requirements, OMB Control No. 2050– 0073, EPA ICR No. 1361.09, expiring October 31, 2002. This is a request for extension of a currently approved collection. Abstract: EPA regulates the burning of hazardous waste in boilers, incinerators, and industrial furnaces (BIFs) under 40 CFR parts 63, 264, 265, and 266. This ICR describes most of the RCRA paperwork requirements that apply to owners and operators of BIFs. This includes the requirements under the comparable/ syngas fuel specification at 40 CFR 261.38; the general facility requirements at 40 CFR parts 264 and 265, subparts B through H; the requirements applicable to BIF units at 40 CFR part 266; and the RCRA part B permit application and modification requirements at 40 CFR part 270. Examples of the paperwork collected under these requirements include onetime notices, certifications, waste analysis data, inspection and monitoring records, plans, reports, RCRA part B permit applications and modifications. EPA needs this information for the proper implementation, compliance tracking, and enforcement of the RCRA regulations. Based on information from the EPA Regions, the ICR estimates that 91 BIF facilities are currently subject to the RCRA hazardous waste program. Of these, 47 are under interim status and 44 are permitted. This renewal reflects new burden to the RCRA incinerator requirements promulgated on September 30, 1999 (64 FR 52828), and subsequent amendments, but also reflects a substantial reduction in the paperwork burden imposed on these facilities. This burden reduction is caused by a decrease in the BIF universe of 25 boilers which are assumed to receive the comparable fuels exclusions, and a rollback of burden added to another ICR (2050– 0171). Thus, this renewal accounts for the addition of new requirements as well as the burden reductions to the BIF universe affected by the rulemaking, and its subsequent amendments. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The Federal Register document required under 5 CFR 1320.8( d), soliciting comments on this collection of information was published on June 26, 2002 (67 FR 43106), no comments were received. Burden Statement: The annual public reporting and record keeping burden for this collection of information is estimated to average 156 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Business or other for profit. Estimated Number of Respondents: 91. Frequency of Response: Annually. Estimated Total Annual Hour Burden: 307,949 hours. Estimated Total Annualized Capital, O& M Cost Burden: $26,353,000. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the addresses listed above. Please refer to EPA ICR No. 1361.09 and OMB Control No. 2050– 0073 in any correspondence.

Dated: October 7, 2002. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 02– 26575 Filed 10– 17– 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [ER– FRL– 6634– 2]

Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information, (202) 564– 7167 or http:// www. epa. gov/ compliance/ nepa/. Weekly receipt of Environmental Impact Statements Filed October 07, 2002 through October 11, 2002 Pursuant to 40 CFR 1506.9. EIS No. 020419, Final EIS, BLM, CA, Coachella Valley California Desert Conservation Area Plan Amendment, Santa Rosa and San Jacinto Mountains Trails Management Plan, Implementation, Riverside and San Bernardino Counties, CA, Wait Period Ends: November 18, 2002, Contact: Jim Foote (760) 351– 4836. EIS No. 020420, Draft EIS, FHW, MT, US– 89 from Fairfield to Dupuyer Corridors Study, Reconstruction, Widening, and Realignment, Route Connects Yellowstone National Park to the South, with Glacier National Park to the North, Teton and Pondera Counties, MT, Comment Period Ends: December 02, 2002, Contact: Dale W. Paulson (406) 449– 5302. EIS No. 020421, Draft EIS, FHW, OR, Newberg Dundee Transportation Improvement Project (TEA 21 Prog. #37), Proposal to Relieve Congestion on Ore. 99W through the Cities of Newberg and Dundee, Bypass Element Location (Tier 1), Yamhill County, OR, Comment Period Ends: December 02, 2002, Contact: Jim Cox (503) 986– 3013. EIS No. 020422, Draft EIS, BLM, TX, NM, El Camino Real De Tierra Adentro National Historic Trail, Comprehensive Management Plan, Implementation, TX and NM, Comment Period Ends: January 15,

VerDate 0ct< 09> 2002 20: 13 Oct 17, 2002 Jkt 200001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18OCN1. SGM 18OCN1


[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63465-63466]
[DOCID:fr15oc10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-27-000]

LSP Safe Harbor Holdings, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

October 7, 2010.
    This is a supplemental notice in the above-referenced proceeding of
LSP Safe Harbor Holdings, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 27, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed

docket(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25957 Filed 10-14-10; 8:45 am]
BILLING CODE 6717-01-P