  SEQ CHAPTER \h \r 1 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0379; FRL-      ]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Reasonably Available Control Technology
Requirements for Volatile Organic Compounds and Nitrogen Oxides

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is converting its limited approval of a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania consisting of regulations that require all major sources of
volatile organic compounds (VOC) and nitrogen oxides (NOx) to implement
reasonably available control technology (RACT) to a full approval as
they apply throughout the Commonwealth.  In prior final rules, EPA has
fully approved Pennsylvania’s VOC and NOx RACT regulations for the
Pennsylvania portion of the Philadelphia-Wilmington-Trenton area, and
for the Pittsburgh-Beaver Valley area.  The intended effect of this
action is to convert EPA’s limited approval of Pennsylvania’s VOC
and NOx RACT regulations to full approval as they apply throughout the
remainder of the Commonwealth. This action is being taken under the
Clean Air Act (CAA or the Act).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0379.  All documents in the docket are listed in
the www.regulations.gov website.   Although listed in the electronic
docket, some information is not publicly available,

i.e., confidential business information (CBI) or other information whose
disclosure is restricted

by statute.  Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form.  Publicly available docket materials are

available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Resources, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:  Marcia Spink,<PHONE_NUMBER>, or by
e-mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

I.     Background

On February 4, 1994, the Pennsylvania Department of Environmental
Protection (DEP)

submitted a revision to the Pennsylvania SIP, consisting of 25 PA Code
Chapters 129.91 through 129.95, to require major sources of NOx and
major sources of VOC emissions not covered by a CTG (non-CTG sources) to
implement RACT.   The February 4, 1994 submittal was amended on May 3,
1994 to correct and clarify certain presumptive NOx RACT requirements
under Chapter 129.93.  On March 23, 1998 (63 FR 13789), EPA granted
conditional limited approval of 25 PA

Code Chapters 129.91 through 129.95, and removed the conditional aspect
of the approval on May 3, 2001 (66 FR 22123).  On October 16, 2001 (66
FR 52533), EPA published a final rulemaking for the Commonwealth
removing the limited status of its approval of 25 PA Code Chapters
129.91 through 129.95 as it applied in the Pittsburgh-Beaver Valley
ozone nonattainment area (Allegheny, Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland counties), because EPA had approved all of
the case-by-case RACT determinations submitted by DEP for affected major
sources of NOx and/or VOC sources located in the area.  In so doing, EPA
converted its limited approval of 25 PA Code Chapters 129.91 through
129.95 to full approval as it applied to that area.  That rulemaking
became effective on November 15, 2001.  On October 30, 2001, (66 FR
54698), EPA published a final rulemaking

for the Commonwealth removing the limited status of its approval of 25
PA Code Chapters 129.91 through 129.95 as it applied in the Pennsylvania
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area
(Bucks, Chester, Delaware, Montgomery, and Philadelphia counties)
because EPA had approved all of the case-by-case RACT determinations
submitted by DEP for affected major sources of NOx and/or VOC sources
located in the area.  In so doing, EPA converted its limited approval of
25 PA Code Chapters 129.91 through 129.95 to full approval as it applied
to that area.  That rulemaking became effective on November 29, 2001.

On  August 26, 2008 (73 FR 50267), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania.  The NPR proposed
to convert EPA’s limited approval of

25 PA Code Chapters 129.91 through 129.95 to full approval as they apply
throughout the remainder of the Commonwealth.  EPA is converting its
limited approval of Pennsylvania’s

VOC and NOx RACT regulations to full approval because EPA has approved
all of the case-by-case RACT determinations that had been submitted by
Pennsylvania such that there are no longer any such submissions pending
before EPA.  No public comments were received on the NPR.

II.     Future Submissions of Case-by-Case RACT Determinations

The DEP has submitted and EPA has approved as SIP revisions case-by-case
RACT determinations for nearly 600 non-CTG and NOx sources in
Pennsylvania pursuant to Pennsylvania regulations Chapters 129.91 –
129.95. (See 40 CFR 52.2020 (d) for the list of sources.)  As stated
previously, there are no source-specific RACT determination submissions
from DEP currently pending before EPA.  In the future, should DEP find
it necessary to issue any additional or revised source-specific RACT
determinations in plan approvals and/or permits pursuant to the fully
approved Pennsylvania regulations Chapters 129.91 – 95 of the
Pennsylvania SIP, those RACT determinations must still be submitted to
EPA for approval as source-specific SIP revisions.  In order for EPA to
consider such submissions for approval, the DEP must ensure that:

A.  The sources are not subject to any CTGs or Alternative Control
Techniques (ACTs) issued by EPA for which Pennsylvania has adopted or is
due to adopt state-wide regulations for approval as SIP revisions.  Such
sources should be subject to any applicable CTG or ACT regulation.  In
addition to the CTG documents issued between November 15, 1990 and the
date of 1-hour ozone attainment, and the CTG documents issued prior to
November 15, 1990; EPA issued CTG and ACT documents in 2006 and 2007.
EPA is also due to issue additional control technique documents by
September 2008.  Pennsylvania is required to adopt statewide RACT
regulations pursuant to these control technique documents and is
mandated a schedule for doing so.  A source in the Commonwealth that has
been considered a non-CTG source may no longer be so defined if their
source category is covered by the 2006, 2007, or 2008 CTGs or ACTs.   At
the time DEP adopts statewide RACT regulations pursuant to the 2006,
2007, and 2008 CTGs and ACTs, it must address the applicability of those
RACT regulations to sources previously considered non-CTG sources under
regulations 129.91 – 129.95.

B.  The RACT Plan approvals and/or RACT permits do not relax any
previously SIP approved source-specific RACT approved for the source(s).
 Any request by such sources to modify (relax) their emission rates,
equipments standards, work practice standards, or conditions on the type
or amount of materials/fuels combusted or processed; or to seek relief
from their daily, monthly and/or annual emission caps would not be
approvable as RACT in 2008 or beyond.  When such sources seek relief
with the operating conditions imposed in their SIP approved RACT plan
approvals or RACT permits because they have modified to add additional
emission units, or need to increase operation in light of market-based
demand for their products; RACT needs to be re-assessed, re-determined
and potentially made more stringent not less stringent.

C.  The RACT determinations are not to be simply based upon an arbitrary
dollar per ton figure in a state guidance document that is neither
SIP-approved nor approvable by EPA.  The very nature of a non-CTG and/or
source-specific alternative RACT makes any “one size fits all”
dollar per ton figure inappropriate when determining and imposing RACT.

D.  The RACT plan approvals or RACT permits have no expiration date.  No
regulation, plan approval or permit submitted for approval as a SIP
revision to be incorporated by reference and made part of a SIP may have
an expiration or sunset provision.  By federal statute, a state is
responsible to implement and enforce all provisions of its approved SIP
at all times.

E.  Any RACT plan approvals’ or RACT permits’ redactions are done in
such a way as to be able to read the redacted text.  When a plan
approval or permit is issued by DEP to a

source, it may impose additional requirements or conditions completely
unrelated to the RACT requirements for NOx and/or VOCs.  In those
instances, DEP may submit the plan approval or permit as a SIP revision
with those unrelated portions of the plan approval or permit redacted.
Those redactions must be done in such a way as to be able to read the
redacted text.  This is necessary to ensure that the redacted language
is not contrary to the portions being submitted for approval as RACT,
does not render the RACT portions less stringent, does not remove or
make less stringent any conditions related to enforcement of RACT, or
make the RACT requirements subject to change without a SIP revision.

F.  When requesting that RACT plan approvals or RACT permits be approved
as SIP revisions, the DEP’s formal SIP revision submissions include
signed/dated technical support documents or memoranda prepared by DEP in
support of its RACT determinations and the SIP revision requests.
Sources in Pennsylvania subject to 25 PA

Code Chapters 129.91 through 129.95 are not to send their RACT plan
proposals directly to

EPA.  Under the CAA, SIP revision submissions in their entirety must be
submitted by the State requesting that the SIP be revised.  EPA will
consider only the materials formally submitted by DEP in its SIP
revision request and any comments submitted during the public comment
period provided by EPA on its proposed rule when determining its final
action to approve or disapprove a source-specific SIP revision submitted
by DEP pursuant to 25 PA Code Chapters 129.91 through 129.95.

G.  The SIP revision submissions do not include any materials that are
considered “confidential business information” in nature or entitled
to any proprietary treatment.  Moreover, the DEP plan approvals and
permits cannot include conditions that cite to the source’s RACT Plan
proposal where that proposal includes materials which the company has
requested be treated as confidential and proprietary.  No materials that
are considered “confidential business information” in nature or
entitled to any proprietary treatment are to be included in a SIP
revision submittal because the materials that constitute SIP revisions
are required to be made available to the public by both the State and
EPA.

III.	Final Action

EPA is converting its limited approval of 25 PA Code Chapters 129.91
through 129.95 to a full approval as they apply throughout the
Commonwealth of Pennsylvania.

IV.   Statutory and Executive Order Reviews

A.   General Requirements

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that

complies with the provisions of the Act and applicable Federal
regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in reviewing
SIP submissions, EPA’s role is to approve state choices, provided that
they meet the criteria of the 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);

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 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355,

	May 22, 2001);

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this rule 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 that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to

each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C.

804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  This action converting 25 PA Code Chapters 129.91
through 129.95 to full approval as they apply throughout the remainder
of the Commonwealth may not be challenged later in proceedings to
enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR part 52

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

                                /s/

                        ___________________________

Dated:   October 9, 2008       				W. T. Wisniewski, Acting
                    							Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for part 52 continues to read as follows:

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

Subpart NN(Pennsylvania

2.  Section 52.2027 is amended by adding paragraph (c) to read as
follows:

§ 52.2027 	Approval Status of Pennsylvania’s Generic NOx and VOC RACT
Rules.

* * * * *

(c ) Effective [insert 30 days from date of publication], EPA removes
the limited nature of its approval of  25 PA Code of Regulations,
Chapter 129.91 through 129.95 as those regulations apply to the
following areas:  Adams, Bedford, Berks, Blair, Bradford, Cambria,
Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia,
Crawford, Cumberland, Dauphin, Elk, Erie, Forest, Franklin, Fulton,
Greene, Huntington, Indiana, Jefferson, Juniata, Lackawanna, Lancaster,
Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer, Mifflin,
Monroe, Montour, Northampton, Northumberland, Perry, Pike, Potter,
Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union,
Venango, Warren, Wayne, Wyoming, and York Counties.

§52.2023 [Amended]

3.  In §52.2023, paragraph (k) is removed and reserved.

 PAGE

 PAGE  11


Mary Henigin/DC/USEPA/US

06/26/2008 10:09 PM

To

Ron Evans/RTP/USEPA/US@EPA

cc

Lydia Wegman/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, Kathy Kaufman/RTP/USEPA/US, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

Fw: Lead NAAQS RIA

Fyi

    ----- Original Message -----

    From: Bruce Schillo

    Sent: 06/26/2008 09:49 PM EDT

    To<EMAIL_ADDRESS>     Cc<EMAIL_ADDRESS>Mary Henigin; Kathy Kaufman; Eileen Pritchard; Mike Clark; Charlotte Bertrand

    Subject: Lead NAAQS RIA

Attached is a complete Lead NAAQS RIA for review.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Bruce Schillo

Regulatory Analysis & Policy Division

Office of Policy, Economics, and Innovation

U.S. EPA

1200 Pennsylvania Avenue, NW

Mail Code 1803, AR-3512-a

Washington, DC  20460

202-564-6552

202-564-7322 (fax)

<EMAIL_ADDRESS>


[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18017-18018]
[FR Doc No: 2019-08551]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER12-1933-010.
    Applicants: Interstate Power and Light Company.
    Description: Notification of Change in Status of Interstate Power
and Light Company.
    Filed Date: 4/19/19.
    Accession Number: 20190419-5188.
    Comments Due: 5 p.m. ET 5/10/19.

    Docket Numbers: ER18-2054-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2019-04-23_Attachment X Compliance
relative to EL18-17-000 to be effective 7/24/2018.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5115.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER18-2318-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in ER18-2318--
Order No. 844 Compliance to be effective 1/1/2019.
    Filed Date: 4/22/19.
    Accession Number: 20190422-5158.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1639-000.
    Applicants: South Peak Wind LLC.
    Description: Baseline eTariff Filing: Market-based rate application
to be effective 6/21/2019.
    Filed Date: 4/22/19.
    Accession Number: 20190422-5155.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1641-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2019-04-22 RMR CPM
Enhancements Amendment to be effective 7/22/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5000.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1642-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Letter Agreement with
Quarantina Energy Storage, LLC to be effective 4/12/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5001.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1643-000.
    Applicants: Hopewell Power Generation, LLC.
    Description: Baseline eTariff Filing: Baseline New Reactive Service
Tariff to be effective 4/24/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5002.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1644-000.
    Applicants: Richland-Stryker Generation LLC.
    Description: Baseline eTariff Filing: Baseline New Reactive Service
Tariff to be effective 4/24/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5004.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1645-000.
    Applicants: DTE Electric Company.
    Description: Notice of Cancellation of Distribution Interconnection
Agreement (Rate Schedule No. 38) of DTE Electric Company.
    Filed Date: 4/19/19.
    Accession Number: 20190419-5185.
    Comments Due: 5 p.m. ET 5/10/19.

    Docket Numbers: ER19-1646-000.
    Applicants: Performance Materials NA, Inc.
    Description: Baseline eTariff Filing: Petition for Approval of
Initial Market-Based Rate Tariff to be effective 6/23/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5044.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1647-000.
    Applicants: AM Commodities Corporation.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Rate Tariff to be effective 6/23/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5065.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1648-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Empire District Electric
Company Formula Rate Revisions to be effective 1/1/2019.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5097.
    Comments Due: 5 p.m. ET 5/14/19.

    Docket Numbers: ER19-1649-000.
    Applicants: California Power Exchange Corporation.
    Description: Petition to Extend Existing Wind-Up Charge Settlement
of California Power Exchange Corporation.
    Filed Date: 4/22/19.
    Accession Number: 20190422-5226.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1650-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
4512;

Queue No. AB1-128 to be effective 7/18/2016.
    Filed Date: 4/23/19.
    Accession Number: 20190423-5116.
    Comments Due: 5 p.m. ET 5/14/19.

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

    Docket Numbers: ES19-23-000.
    Applicants: Upper Michigan Energy Resources Corporation.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Upper Michigan Energy
Resources Corporation.
    Filed Date: 4/22/19.
    Accession Number: 20190422-5220.
    Comments Due: 5 p.m. ET 5/13/19.

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

    Dated: April 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-08551 Filed 4-26-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53093]
[FR Doc No: 2021-20705]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4487-DR; Docket ID FEMA-2021-0001]

North Carolina; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4487-DR), dated March 25, 2020,
and related determinations.

DATES: This amendment was issued August 5, 2021.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated March 25, 2020 for the State of North Carolina is hereby amended
to include the Hazard Mitigation Grant Program.

    All areas within the State of North Carolina are eligible for
assistance under the Hazard Mitigation Grant 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. 2021-20705 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52082-52083]
[FR Doc No: 2019-21336]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR17-60-004.
    Applicants: Atmos Pipeline-Texas.
    Description: Tariff filing per 284.123(b),(e)/: PR17-60 APT 2019
Compliance Filing--Clone to be effective 9/1/2017 under PR17-60.
    Filed Date: 9/23/19.
    Accession Number:<PHONE_NUMBER>34.
    Comments/Protests Due: 5 p.m. ET 10/15/19.

    Docket Number: PR19-77-000.
    Applicants: New Mexico Gas Company, Inc.
    Description: Tariff filing per 284.123(b),(e)+(g): Amended
Statement of Operating Conditions to be effective 7/29/2019 under PR19-
77.
    Filed Date: 9/24/19.
    Accession Number:<PHONE_NUMBER>00.
    Comments Due: 5 p.m. ET 10/15/19.

    Docket Numbers: RP19-1587-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Total Penalty Revenue Credits of
Enable Gas Transmission, LLC under RP19-1587.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5061.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1588-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Linked Firm Service Penalty Revenue
Credits of Enable Gas Transmission, LLC under RP19-1588.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5064.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1589-000.
    Applicants: Enable Mississippi River Transmission, L.

    Description: Annual Report of Penalty Revenue Credits of Enable
Mississippi River Transmission, LLC under RP19-1589.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5070.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1590-000.
    Applicants: Honeoye Storage Corporation.
    Description: Compliance filing E-Tariff Compliance Filing Adoption
of NAESB Version 3.1 to be effective 9/23/2019.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5072.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1591-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Sec.  4(d) Rate Filing: 2019 MRT Annual Fuel Filing to
be effective 11/1/2019.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5078.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1592-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Tracker Filing--Effective
November 1 2019 to be effective 11/1/2019.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5080.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1593-000.
    Applicants: LA Storage, LLC.
    Description: Annual Penalty Disbursement Report of LA Storage, LLC
under RP19-1593.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5081.
    Comments Due: 5 p.m. ET 10/7/19.

    Docket Numbers: RP19-1594-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Compliance filing AGT 2019 OFO Penalty Disbursement
Report to be effective N/A.
    Filed Date: 9/24/19.
    Accession Number: 20190924-5082.
    Comments Due: 5 p.m. ET 10/7/19.

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

    Dated: September 25, 2019.
Nathaniel J. Davis Sr.,
Deputy Secretary.
[FR Doc. 2019-21336 Filed 9-30-19; 8:45 am]
 BILLING CODE 6717-01-P


" Johnston, A. Todd" < ajohnston@ nma. org>

07/ 26/ 2006 06: 07 PM T o Jason Burnett/ DC/ USEPA/ US@ EPA c c S u b j e c t PM Compliance Concerns Jason   I attach the following memo intended to dispel the notion that the current status is somehow satisfactory and may continue. As we have discussed on several occasions, retaining PM10 is not an option from our perspective. Particles that have not been shown to cause harm need to be excluded from the standard. Trying to find a technical way to assure us that states and citizens groups won't enforce a health NAAQS is simply not facing up to the problem.

Todd Johnston National Mining Association 202 463 2668 Fundamental Concerns with Including Fugitive Coarse PM in the PM NAAQS At Concentrations That Cannot Be Met by Well Controlled Sources And Do Not Present Substantial Health or Welfare Concerns The Clean Air Act (" CAA"), Its Implementing Regulations, and Court Interpretation of Those Laws, Require That State Implementation Plans (" SIPs") Providing for Compliance with the PM NAAQS and PM Increments Be Adopted and Enforced by EPA and the States, and by Citizen's Suits.

  Section 110 of the CAA Requires Adoption of SIPs to Meet the PM NAAQS.   Sections 161 and 163 of the CAA Require Compliance with the PM Increments By Major Stationary, Minor and Areas Sources.   The Measures Required to Achieve Compliance with the PM NAAQS and Increments Are Not Limited to Preconstruction Review, But May Include " state plans for the correction of any violation of allowable increments or maximum allowable concentrations [ the NAAQS], and may even require, in appropriate instances, the relatively severe correctives of a rollback in operations or the application of retrofit air pollution control technology." Alabama Power Co. v. Costle, 636 F. 2d 323, 363 ( D. C. Cir. 1979).   In the Alabama Power case the Court rebuffed the contention of industry that the requirement to protect the increment was limited to preconstruction review of major sources, and did not include minor and area sources, stating that:

" The section 165 permit process alone does not ensure that maximum concentrations [ the NAAQS] or allowable increments will not be exceeded. Significant deterioration may occur due to increased emissions from unregulated minor sources and major emitting facilities grandfathered out of the permit process, due to the use of different models to calculate increment consumption, due to the discovery through monitoring that limitations inadvertently have been exceeded, due to redesignation of an area to a more restrictive class, or due to allocation through administrative error of too many permits. Nothing in the plain language of the statute limits the measures in the state implementation plan to the preconstruction permit process." Id. at 362.   It is clear that economically sized surface mines and cattle feedlots cannot meet the PM10 NAAQS or PM Increments, according to EPA's own studies in both the surface mining listing rulemaking and in the PM10 increments promulgation, despite the clear finding in the surface coal mine rulemaking that the fugitive coarse PM from such mines did not present substantial health or welfare concerns at ambient concentrations.   It is likewise clear that economic hardship or prohibition cannot be taken into account in adopting NAAQS or ultimately complying with especially the primary, health NAAQS.   New or expanded surface mining, energy and agricultural operations necessary to meet the nation's needs cannot meet the PM10 NAAQS or increments even after application of the best available control technology and management techniques. They must, in many states, demonstrate that prior to construction, usually by modeling. If they cannot they will not be permitted, or appeals or their permits may nullify those permits. Citizens may require SIPs to achieve compliance if it is unreasonably delayed.   Investors Cannot Be Expected to Commit to the New or Expanded Energy Production Facilities or Agricultural Production ( some of it intended to foster energy production) if they know it will exceed the PM NAAQS and PM increments and must be met.   The Public Will Not Tolerate Undue Delay In Achieving Health Based Coarse PM NAAQS.   As Dr. Borak, Dr. Ferris and numerous other health authorities have opined over the years, fugitive dust at ambient concentrations has never been demonstrated to have adverse health effects, and has frequently been demonstrated not to be associated with health effects. That lack of health effects has been reflected in non enforcement based on EPA policies and determinations developed over the years.   The only solution to the very real problem of fugitive coarse PM compliance with the PM NAAQS and PM increments is the exclusion from them of particles of substances and sizes that present no substantial health or welfare concerns, as suggested by the Alabama Power case, Id. at 369 70, fn. 134. It is time to resolve the precarious compliance status of wellcontrolled fugitive dust sources that do not present substantial health or welfare concerns.


[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75092-75130]
[FR Doc No: 2016-26066]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3330]

Authorizations of Emergency Use of In Vitro Diagnostic Devices
for Detection and/or Diagnosis of Zika Virus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of four Emergency Use Authorizations (EUAs) (the
Authorizations) for four in vitro diagnostic devices for detection and/
or diagnosis of Zika virus in response to the Zika virus outbreak in
the Americas. FDA issued these Authorizations under the Federal Food,
Drug, and Cosmetic Act (the FD&C Act), as requested by Siemens
Healthcare Diagnostics, Inc., Luminex Corporation, InBios
International, Inc., and Roche Molecular Systems, Inc. The
Authorizations contain, among other things, conditions on the emergency
use of the authorized in vitro diagnostic devices. The Authorizations
follow the February 26, 2016, determination by the Secretary of Health
and Human Services (HHS) that there is a significant potential for a
public health emergency that has a significant potential to affect
national security or the health and security of U.S. citizens living
abroad and that involves Zika virus. On the basis of such
determination, the Secretary of HHS declared on February 26, 2016, that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostic tests for detection of Zika virus and/or diagnosis of
Zika virus infection, subject to the terms of any authorization issued
under the FD&C Act. The Authorizations, which include an explanation of
the reasons for issuance, are reprinted in this document.

DATES: The Authorization for Siemens Healthcare Diagnostics, Inc., is
effective as of July 29, 2016; the Authorization for Luminex
Corporation is effective as of August 4, 2016; the Authorization for
InBios International, Inc., is effective as of August 17, 2016; and the
Authorization for Roche Molecular Systems, Inc., is effective as of
August 26, 2016.

ADDRESSES: Submit written requests for single copies of the EUAs to the
Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the Authorizations may be sent. See the SUPPLEMENTARY INFORMATION
section for electronic access to the Authorizations.

FOR FURTHER INFORMATION CONTACT: Michael Mair, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 1, Rm. 4336, Silver Spring, MD 20993-
0002,<PHONE_NUMBER> (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. With this EUA authority, FDA can
help assure that medical countermeasures may be used in emergencies to
diagnose, treat, or prevent serious or life-threatening diseases or
conditions caused by biological, chemical, nuclear, or radiological
agents when there are no adequate, approved, and available
alternatives.
    Section 564(b)(1) of the FD&C Act provides that, before an EUA may
be issued, the Secretary of HHS must declare that circumstances exist
justifying the authorization based on one of the following grounds: (1)
A determination by the Secretary of Homeland Security that there is a
domestic emergency, or a significant potential for a domestic
emergency, involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents; (2) a determination
by the Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened
risk to U.S. military forces of attack with a biological, chemical,
radiological, or nuclear agent or agents; (3) a determination by the
Secretary of HHS that there is a public health emergency, or a
significant potential for a public health emergency, that affects, or
has a significant potential to affect, national security or the health
and security of U.S. citizens living abroad, and that involves a
biological, chemical, radiological, or nuclear agent or agents, or a
disease or condition that may be attributable to such agent or agents;
or (4) the identification of a material threat by the Secretary of
Homeland Security under section 319F-2 of the Public Health Service
(PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or
the health and security of U.S. citizens living abroad.
    Once the Secretary of HHS has declared that circumstances exist
justifying an authorization under section 564 of the FD&C Act, FDA may
authorize the emergency use of a drug, device, or biological product if
the Agency concludes that the statutory criteria are satisfied. Under
section 564(h)(1) of the FD&C Act, FDA is required to publish in the
Federal Register a notice of each authorization, and each termination
or revocation of an authorization, and an explanation of the reasons
for the action. Section 564 of the FD&C Act permits FDA to authorize
the introduction into interstate commerce of a drug, device, or
biological product intended for use when the Secretary of HHS has
declared that circumstances exist justifying the authorization of
emergency use. Products appropriate for emergency use may include
products and uses that are not approved, cleared, or licensed under
sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k),
and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue
an EUA only if, after consultation with the HHS Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of the Centers for Disease Control and
Prevention (to the extent feasible and appropriate given the applicable
circumstances), FDA \1\ concludes: (1) That an agent referred to in a
declaration of emergency or threat can cause a serious or life-
threatening disease or condition; (2) that, based on the totality of
scientific evidence available to FDA, including data from adequate and
well-controlled clinical trials, if available, it is reasonable to
believe that: (A) The product may be effective in diagnosing,

treating, or preventing (i) such disease or condition; or (ii) a
serious or life-threatening disease or condition caused by a product
authorized under section 564, approved or cleared under the FD&C Act,
or licensed under section 351 of the PHS Act, for diagnosing, treating,
or preventing such a disease or condition caused by such an agent; and
(B) the known and potential benefits of the product, when used to
diagnose, prevent, or treat such disease or condition, outweigh the
known and potential risks of the product, taking into consideration the
material threat posed by the agent or agents identified in a
declaration under section 564(b)(1)(D) of the FD&C Act, if applicable;
(3) that there is no adequate, approved, and available alternative to
the product for diagnosing, preventing, or treating such disease or
condition; and (4) that such other criteria as may be prescribed by
regulation are satisfied.
---------------------------------------------------------------------------

    \1\ The Secretary of HHS has delegated the authority to issue an
EUA under section 564 of the FD&C Act to the Commissioner of Food
and Drugs.
---------------------------------------------------------------------------

    No other criteria for issuance have been prescribed by regulation
under section 564(c)(4) of the FD&C Act. Because the statute is self-
executing, regulations or guidance are not required for FDA to
implement the EUA authority.

II. EUA Requests for In Vitro Diagnostic Devices for Detection and/or
Diagnosis of Zika Virus

    On February 26, 2016, the Secretary of HHS determined that there is
a significant potential for a public health emergency that has a
significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves Zika virus.
On February 26, 2016, under section 564(b)(1) of the FD&C Act, and on
the basis of such determination, the Secretary of HHS declared that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostic tests for detection of Zika virus and/or diagnosis of
Zika virus infection, subject to the terms of any authorization issued
under section 564 of the FD&C Act. Notice of the determination and
declaration of the Secretary was published in the Federal Register on
March 2, 2016 (81 FR 10878). On July 21, 2016, Siemens Healthcare
Diagnostics, Inc., requested, and on July 29, 2016, FDA issued, an EUA
for the VERSANT[supreg] Zika RNA 1.0 Assay (kPCR) Kit, subject to the
terms of the Authorization. On August 1, 2016, Luminex Corporation
requested, and on August 4, 2016, FDA issued, an EUA for the
xMAP[supreg] MultiFLEXTM Zika RNA Assay, subject to the
terms of the Authorization. On July 21, 2016, InBios International,
Inc., requested, and on August 17, 2016, FDA issued, an EUA for the
ZIKV DetectTM IgM Capture ELISA, subject to the terms of the
Authorization. On August 18, 2016, Roche Molecular Systems, Inc.,
requested, and on August 26, 2016, FDA issued, an EUA for the
LightMix[supreg] Zika rRT-PCR Test, subject to the terms of the
Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorizations are available on the Internet at http://www.regulations.gov.

IV. The Authorizations

    Having concluded that the criteria for issuance of the
Authorizations under section 564(c) of the FD&C Act are met, FDA has
authorized the emergency use of four in vitro diagnostic devices for
detection and/or diagnosis of Zika virus subject to the terms of the
Authorizations. The Authorizations in their entirety (not including the
authorized versions of the fact sheets and other written materials)
follow and provide an explanation of the reasons for their issuance, as
required by section 564(h)(1) of the FD&C Act:
BILLING CODE 4164-01-P

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    Dated: October 24, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-26066 Filed 10-27-16; 8:45 am]
 BILLING CODE 4164-01-C


[Federal Register: June 19, 2006 (Volume 71, Number 117)]
[Rules and Regulations]
[Page 35157-35159]
[DOCID:fr19jn06-11]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0281; FRL-8182-2]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of a revision to the South Coast
Air Quality Management District (District) portion of the California
State Implementation Plan (SIP). This revision was proposed in the
Federal Register on March 29, 2006. The revision adds qualifying
electric generating facilities to the list of stationary sources that
are allowed to use emission reduction credits from a bank of credits
maintained by the District. We are approving the revision of a local
District rule that was approved in 1996 under the Clean Air Act as
amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on July 19, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0281 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75

Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3534<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Proposed Action

    On March 29, 2006 (71 FR 15656), EPA proposed to approve a revision
of District Rule 1309.1, Priority Reserve Bank, into the California
SIP.

----------------------------------------------------------------------------------------------------------------
                                             Rule
              Local agency                  number            Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.................................       1309.1  Priority Reserve..........        05/03/02        12/23/02
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this revision of Rule 1309.1 because we
determined that the revision complied with the relevant CAA
requirements. Our proposed action contains more information on the
revised rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received two comment letters: one from Adams
Broadwell Joseph & Cardozo on behalf of California Unions for Reliable
Energy, Kristopher Johns and Donald Lee Selby, Jr. (hereinafter
collectively ``CURE'') and one from the District. We have prepared a
separate detailed response to CURE's comment that is available in the
final docket on this rulemaking. In this action, we are providing a
summary of the comment and our response.

    In summary, CURE commented that the revision of Rule 1309.1 does
not ensure that emission reduction credits provided to qualifying
electric generating facilities from the Priority Reserve fund will
comply with the requirements of section 173(c) of the Clean Air Act.
EPA disagrees with the comment. EPA approved Rule 1309.1 on December 4,
1996. 61 FR 64291 (December 4, 1996). In approving Rule 1309.1 in 1996,
we determined that the District's implementation of a tracking system
demonstrated that the Priority Reserve bank's emission reduction
credits complied with the requirements of section 173(c). 61 FR 64292.
CURE's comment that the Priority Reserve bank's emissions reduction
credits should be reserved for use by essential public services rather
than qualifying electric generating facilities seeks to overturn a
policy decision that is within the discretion of the local permitting
authority. In this instance, the District Board decided in 2002,
following an electricity shortage, to provide banked emission reduction
credits to qualifying electric generating facilities if credits were
not otherwise available. The District's basis for its decision is set
forth in its comment letter dated April 25, 2006, which is available in
the docket. EPA's role is to determine whether the SIP revision meets
the requirements of the CAA. The comment does not provide information
showing that adding qualifying electric generating facilities to the
list of sources eligible to use emission reduction credits from the
Priority Reserve Fund does not satisfy the requirements of section
173(c).

III. EPA Action

    CURE's comment letter has not changed our assessment that the
District's revision of Rule 1309.1 complies with the relevant CAA
requirements. The District's comment letter supports EPA's proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, EPA
is fully approving this revision of Rule 1309.1 into the California
SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 18, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements.

    Dated: May 25, 2006.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(311)(i)(A)(3) to
read as follows:

Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (311) * * *
    (i) * * *
    (A) * * *

    (3) Rule 1309.1, adopted on May 3, 2002.
* * * * *
[FR Doc. 06-5508 Filed 6-16-06; 8:45 am]

BILLING CODE 6560-50-P