[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37819-37822]
[FR Doc No: 2017-17021]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0150; FRL-9965-92-Region 1]

Air Plan Approval; Connecticut; Nonattainment New Source Review
Permit Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the state implementation plan (SIP) revision
submitted on March 9, 2017, by the State of Connecticut, through the
Connecticut Department of Energy and Environmental Protection (CT
DEEP), addressing the nonattainment new source review (NNSR)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS). The SIP revision addresses both of Connecticut's
ozone nonattainment areas for the 2008 ozone NAAQS; the Greater
Connecticut area and the Connecticut portion of the New York-N. New
Jersey-Long Island, NY-NJ-CT area. The Connecticut portion of the New
York-N. New Jersey-Long Island, NY-NJ-CT ozone nonattainment area
consists of Fairfield, New Haven, and Middlesex counties. The Greater
Connecticut nonattainment area includes the rest of the State. This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.

DATES: This direct final rule is effective October 13, 2017 without
further notice, unless EPA receives adverse comments by September 13,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0150 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
Mr. Dahl's telephone number is<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Analysis of Connecticut's Nonattainment New Source Review
Requirements
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. Ambient air quality monitoring data for the
3-year period must meet a data completeness requirement. The ambient
air quality monitoring data completeness requirement is met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The two Connecticut areas were
designated nonattainment for the 2008 8-hour ozone NAAQS on April 30,
2012

(effective July 20, 2012) using 2009-2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time of designation, both
Connecticut areas were classified as marginal nonattainment areas. On
March 6, 2015, EPA issued a final rule entitled, ``Implementation of
the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' (SIP Requirements Rule), which
establishes the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80
FR 12264. Areas that were designated as marginal ozone nonattainment
areas were required to attain the 2008 8-hour ozone NAAQS no later than
July 20, 2015, based on 2012-2014 monitoring data. See 40 CFR 51.1103.
The Connecticut areas did not attain the 2008 8-hour ozone NAAQS by
July 20, 2015, and therefore on April 11, 2016, the EPA Administrator
signed a final rule reclassifying both Connecticut areas from marginal
nonattainment areas to moderate nonattainment areas for the 2008 8-hour
ozone standard. See 81 FR 26697 (May 4, 2016). Moderate areas are
required to attain the 2008 8-hour ozone NAAQS no later than July 20,
2018, six years after the effective date of the initial nonattainment
designations. See 40 CFR 51.1103.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
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    Based on the initial nonattainment designation for the 2008 8-hour
ozone standard, Connecticut was required to develop a SIP revision
addressing certain CAA requirements for both nonattainment areas. One
component of that was a SIP addressing nonattainment new source review.
See 40 CFR 51.1114. On March 9, 2017, Connecticut submitted a SIP
revision addressing the NNSR requirements related to the 2008 8-hour
ozone NAAQS for both nonattainment areas.\2\ EPA's analysis of how this
SIP revision addresses the NNSR requirements for the 2008 8-hour ozone
NAAQS is provided below.
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    \2\ States have three years after the effective date of
designation for the 2008 8-hour ozone NAAQS to submit SIP revisions
addressing NNSR for their nonattainment areas. See 40 CFR 51.1114.
Connecticut's SIP revision certified that its SIP-approved state
regulation addressing nonattainment new source review for all new
stationary sources and modified existing stationary sources in the
State exceeds the requirements of section 182(a)(2)(C) for the 2008
8-hour ozone NAAQS. However, EPA does not believe that the two-year
deadline contained in CAA section 182(a)(2)(C) applies to NNSR SIP
revisions for implementing the 8-hour ozone NAAQS. See 80 FR 12264,
12267 (March 6, 2015); 70 FR 71612, 71683 (November 29, 2005). The
submission of NNSR SIPs due on November 15, 1992, satisfied the
requirement for states to submit NNSR SIP revisions to meet the
requirements of CAA sections 172(c)(5) and 173 within two years
after the date of enactment of the 1990 CAA Amendments. Id.
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II. Analysis of Connecticut's Nonattainment New Source Review
Requirements

    The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS (70 FR 71612 (November 29,
2005)) and the SIP Requirements Rule implementing the 2008 8-hour ozone
NAAQS. Under the Phase 2 Rule, the SIP for each ozone nonattainment
area must contain NNSR provisions that: Set major source thresholds for
NOX and VOC pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)
through (iv) and (a)(1)(iv)(A)(2); classify physical changes at a major
source if the change would constitute a major source by itself pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider
increases of VOC emissions in extreme ozone nonattainment areas as
significant net emissions increases and major modifications for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions rates
for VOC and NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2); provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i) through
(iii) (renumbered as (a)(9)(ii) through (iv) under the SIP Requirements
Rule for the 2008 8-hour ozone NAAQS). Under the SIP Requirements Rule
for the 2008 8-hour ozone NAAQS, the SIP for each ozone nonattainment
area designated nonattainment for the 2008 8-hour ozone NAAQS and
designated nonattainment for the 1997 ozone NAAQS on April 6, 2015,
must also contain NNSR provisions that include the anti-backsliding
requirements at 40 CFR 51.1105.
    Connecticut's longstanding SIP-approved NNSR program, established
in Regulations of Connecticut State Agencies (RCSA) Sections 22a-174-1
(definitions), and 22a-174-3a (applicability and substantive
requirements) applies to the construction and modification of
stationary sources, including major stationary sources in nonattainment
areas. In its SIP revision, Connecticut certifies that the version of
RCSA Sections 22a-174-1 and 22a-174-3a in the current SIP meet the
federal NNSR requirements for both ozone nonattainment areas within
Connecticut. EPA last approved revisions to the SIP-approved version of
Connecticut's NNSR rule in 2015 addressing, among other things, the
NNSR requirements that apply when a major source or major modification
causes a significant impact in an area that is violating the
PM2.5 ambient air quality standard.
    Connecticut's SIP-approved NNSR regulation retains the NNSR
requirements applicable to serious and severe nonattainment areas, even
though the two nonattainment areas in the State are now classified as
moderate nonattainment under the 2008 8-hour ozone NAAQS. Connecticut's
SIP-approved NNSR regulation defines the term ``Severe nonattainment
area for ozone'' as including the cities and towns that were
historically part of the severe New York-N. New Jersey-Long Island, NY-
NJ-CT ozone nonattainment area designated on November 15, 1990 for the
1-hr ozone NAAQS. The term ``Serious nonattainment area for ozone'' is
defined to include ``all towns within the State of Connecticut, except
those towns located in the severe non-attainment area for ozone.'' This
is the portion of the State that was historically part of the serious
Greater Connecticut nonattainment area designated on November 15, 1990
for the 1-hr ozone NAAQS. The SIP's definition of ``Major stationary
source'' then uses these terms to define the NOX and VOC
emission thresholds when determining if a source is major for ozone.
The SIP's major stationary source threshold for NOX and VOC
in the area defined as a ``Severe nonattainment area for ozone'' is 25
tons per year. The SIP's major stationary source threshold for
NOX and VOC in the area defined as a ``Serious nonattainment
area for ozone'' is 50 tons per year. These thresholds for
NOX and VOC are consistent with EPA regulations.
    Connecticut's NNSR SIP also properly addresses the thresholds for
VOC and NOX, as precursors to ozone, in the definition of
``Major modification'' by

establishing the threshold for either of these ozone precursors at 25
tons per year. This threshold for a major modification is consistent
with EPA regulations. Lastly, since Connecticut's NNSR SIP retains the
definitions ``Serious nonattainment area for ozone'' and ``Severe
nonattainment area for ozone'' that are based on how the State was
designated nonattainment on November 15, 1990 for the 1-hr ozone
standard, the State's SIP meets the anti-backsliding requirements.

III. Final Action

    EPA is approving Connecticut's March 9, 2017, SIP revision
addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for
both nonattainment areas in the State. The approval encompasses both
the original designations under the 2008 8-hour ozone NAAQS of marginal
and the subsequent reclassification of both nonattainment areas to
moderate. The approval also includes the applicable NNSR provisions of
Connecticut's regulations that satisfy the CAA's anti-backsliding
requirements. As discussed above in this notice, Connecticut's SIP
retains the NNSR requirements applicable to serious and severe
nonattainment areas, even though the two nonattainment areas in the
State are now classified as moderate nonattainment areas. EPA has
concluded that the State's submission fulfills the 40 CFR 51.1114
revision requirement and meets the requirements of CAA section 110 and
the minimum SIP requirements of 40 CFR 51.165.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
13, 2017 without further notice unless the Agency receives relevant
adverse comments by September 13, 2017.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 13, 2017 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    In addition, Connecticut was issued a finding of failure to submit,
which started an 18 month sanctions clock and a 24 month Federal
Implementation Plan (FIP) clock. See 82 FR 9158 (February 3, 2017). The
18 month sanctions clock was stopped when Connecticut submitted the SIP
and we determined it complete on April 19, 2017. The 24 month FIP clock
will stop upon the effective date of our final approval, October 13,
2017.

IV. 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 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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).
    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 October 13, 2017. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that

EPA can withdraw this direct final rule and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart H--Connecticut

0
2. Section 52.377 is amended by adding paragraph (r) to read as
follows:

Sec.  52.377  Control strategy: Ozone.

* * * * *
    (r) Approval. Submittal from the Connecticut Department of Energy
and Environmental Protection dated March 9, 2017, to address the
nonattainment new source review requirements for the 2008 8-hour ozone
NAAQS for the Greater Connecticut and the New York-N. New Jersey-Long
Island, NY-NJ-CT ozone nonattainment areas, as it meets the
requirements for both the State's marginal and moderate
classifications.

[FR Doc. 2017-17021 Filed 8-11-17; 8:45 am]
 BILLING CODE 6560-50-P


         Technical Support Document for Review of Request for Coverage
Request for Coverage under the General Air Quality Permit for New or Modified Minor Source Hot Mix Asphalt Plants in Indian Country

              Fann Contracting Inc., HP04 Portable Asphalt Plant

                                 June 3, 2022

Applicant:
Andrew Rice, EHS Officer
Fann Contracting Inc.
6725 Generational Lane
Prescott, Arizona  86301
Source:
HP04
Source Location:
Weeminuche Pit, Milepost 1.5 US 160, Cortez, Colorado 81321, on the Ute Mountain Ute Reservation (Latitude 37°00'31.8", Longitude 109°00'42.0")
Source Technical Contact:
Andrew Rice, Fann Contracting, Inc.,
(928) 778-0170<EMAIL_ADDRESS>

Application #:
GEN-UM-000015-2022.001
Docket:
EPA-R08-OAR-2022-0297
Summary
Pursuant to the provisions of Clean Air Act (CAA) sections 110(a) and 301(d) and the Federal Indian Country Minor New Source Review (NSR) Program at Code of Federal Regulations (CFR) title 40, sections 49.151-161 (Tribal Minor NSR Program), the United States Environmental Protection Agency Region 8 is approving a Request for Coverage under the General Air Quality Permit for New or Modified Minor Source Hot Mix Asphalt Plants in Indian Country (HMA General Permit) to Fann Contracting, Inc., (Fann or Applicant) for the construction and operation of a new hot mix asphalt plant. Fann's new hot mix asphalt plant will be located at the Weeminuche Pit, Milepost 1.5 US 160, Cortez, Colorado 81321, on the Ute Mountain Ute Reservation (Latitude 37°00'31.8", Longitude 109°00'42.0"). The HMA General Permit, the permit under which the Applicant is seeking coverage, was issued by the EPA under the Tribal Minor NSR Program on May 1, 2015, with an effective date of June 1, 2015. See 80 FR 25068 (May 1, 2015).
This technical support document (TSD) provides the EPA Region 8's analysis of whether the Source is within the category of emissions sources to which the HMA General Permit applies and whether the source meets the criteria to be eligible for coverage under the HMA General Permit. This analysis and other information required by 40 CFR 49.157(a) will be made available to the public through the online docket for this action and, as applicable, at the EPA Region 8 office. Additional information for accessing the publicly available information is provided at the end of this TSD.
Source Description and Project Summary
On March 1, 2022, the EPA Region 8 received an initial Request for Coverage under the HMA General Permit from Fann for the construction and operation of a portable HMA plant, facility name HP04, at the Weeminuche Construction Authority's Four Corners Gravel Pit (Weeminuche pit), Milepost 1.5 US 160, near Cortez, Colorado, on Indian country lands within the Ute Mountain Ute Reservation (the Source).
Fann is proposing to construct and operate a portable facility to produce asphalt from a drum mix plant. The process to manufacture asphalt begins with aggregate loaded into several hoppers and conveyed at specific rates to a pugmill. The pugmill mixes the material and a mineral admixture is added. The material is then conveyed into the drum dryer and paving grade oil is added. Recycled asphalt product (RAP) is also added to the drum at this time. Particulates and other emissions from the drum dryer are ducted to a fabric filter baghouse. After blending and heating, the final asphalt product is elevated via a drag conveyor to the surge hopper. The surge hopper loads the loadout silo, and the loadout silo then dumps finished asphalt into a truck for transport to various paving project locations.

Fann has requested approval for coverage under the General Permit using distillate fuel (diesel) in the interim while the EPA processes an application for a synthetic minor NSR permit for the operation to use used oil, which is not allowed under the General Permit. Documentation of emissions calculations and ESA/NHPA evaluation for the plant, necessary to evaluate the request for coverage under the General Permit, was provided in the synthetic minor NSR application (dated March 1, 2022), which is included in the docket for this General Permit approval. On March 2, 2022, Fann submitted additional clarifying information regarding the request for approval. On March 23, 2022, Fann verified that the plant operations will not be under the control of the gravel pit operator, Weeminuche, but will be fully operated independently by Fann through an agreement with Weeminuche to co-locate on the gravel pit property.
The EPA notes that Fann has also submitted applications for coverage under the HMA General Permit and for a similar synthetic minor permit for another plant, HP03, at the same location as proposed for HP04 (see docket #EPA-R08-OAR-2022-0297 and #EPA-R08-OAR-2022-0296). The applicant has indicated that both HP03 and HP04 will not operate at the proposed location at the same time. The Agency may take additional action on the coverage of the Source under the HMA General Permit following issuance of source-specific synthetic minor permits for the HP03 and HP04 plants at the proposed project location.
In response to these submittals, the EPA determined that we received sufficient information to demonstrate eligibility for coverage under the HMA General Permit and, thus, the Applicant had submitted a complete Request for Coverage. Accordingly, we refer hereinafter to the March 1, 2022, Request for Coverage submittal and subsequent addenda to that request (and all attachments to those submittals), collectively, as the "Request for Coverage." This TSD describes our analysis of the Applicant's Request for Coverage for the Source and the legal and factual basis for our approval.

The geographic area where the Source will be located is designated attainment, unclassifiable or attainment/unclassifiable under the CAA for all National Ambient Air Quality Standards (NAAQS) pollutants.

The source has a maximum capacity of 400 tons per hour. The proposed operation will include the equipment listed within the table below.

Table 1: List of Affected Emission Units
                                   Unit ID #
                    Description of Affected Emissions Unit
                            Maximum Rated Capacity
                             Date of Construction
HPDR01
Drum Dryer/Mixer with Baghouse (fabric filter); Distillate Fuel
400 TPH; 132 MMBtu/hr
TBD
HPHT02
A/C Oil Above-Ground Storage Tank
20,000 gallons
TBD
HPFT02
Diesel Fuel Above-Ground Storage Tank
12,000 gallons
TBD
Aux Heater
Auxiliary Heater
1.8 MMBtu/hr
TBD

Background
The CAA provides the EPA with broad authority to protect air resources throughout the nation, including air resources in Indian country. Unlike states, Indian Tribes are not required to develop CAA new source review (NSR) permitting programs. See, for example, Indian Tribes: Air Quality Planning and Management, 63 FR 7253 (February 12, 1998) (also known as the Tribal Authority Rule, or TAR). In the absence of an adequately implemented the EPA‐approved NSR program on the Ute Mountain Ute Reservation, the EPA has the authority to implement a Federal Implementation Plan (FIP) in order to protect tribal air resources from impacts due to the construction of new or modified stationary sources of air pollutants. In 2011, the EPA finalized the Review of New Sources and Modifications in Indian Country (Tribal NSR Rule), codified at 40 CFR part 49, as part of a FIP under the CAA for Indian Country (see 76 FR 38748 (July 1, 2011)). Among other requirements, the Tribal NSR Rule set forth procedures and terms under which the Agency would administer a minor NSR permitting program in Indian country (MNSR Permit Program).
As part of the Tribal NSR Rule, the EPA adopted the option of developing general permits for certain categories of minor sources to which the MNSR Permit Program would apply. The purpose of a general permit is to provide for the protection of air quality while simplifying the permit issuance process for similar facilities in order to minimize the burden on the reviewing authority and the regulated sources. The EPA finalized the HMA General Permit effective June 1, 2015 (80 FR 25086 (May 1, 2015). New and modified minor sources that are true minor sources or major sources seeking to become synthetic minor sources may apply for coverage under the HMA General Permit if their potential to emit for new, modified and existing units is below major source thresholds and the source can meet the throughput limits and other terms and conditions set forth in the HMA General Permit. Sources seeking coverage under the HMA General Permit must also demonstrate that they meet certain additional eligibility criteria.

Applicability of the Tribal Minor NSR Program
The preconstruction permitting program is triggered for new or modified sources in locations covered by the Tribal NSR Program based on potential increases in air pollutants according to the applicability criteria in 40 CFR 49.153. Generally, source owners and operators first determine whether their new or modified source is subject to the CAA major NSR permitting program (pursuant to 40 CFR 52.21 for areas designated as attainment/unclassifiable for the NAAQS and/or 40 CFR 49.166 through 49.175 for areas designated as nonattainment for the NAAQS). For new or modified sources that are not subject to major NSR review, the owner and operator must evaluate whether the Tribal Minor NSR Program applies.
The minor NSR permitting thresholds vary depending on whether the area in which the Source is or will be located is designated attainment and/or unclassifiable for the NAAQS, or designated nonattainment for the NAAQS. In this case, the Source is to be located within Montezuma County, Colorado within the Ute Mountain Ute tribal land which is designated attainment/unclassifiable under the CAA for all NAAQS pollutants. Thus, our consideration of the applicable permitting thresholds is based on the Tribal Minor NSR thresholds for attainment areas in Table 2 below.

Potential to emit (PTE) means the maximum capacity of a stationary source to emit an air pollutant under its physical and operational design. PTE is meant to be a worst-case emissions calculation and is used in many cases to determine the applicability of federal CAA requirements. Table 3 summarizes the Source's PTE and includes consideration of the applicable emissions limitations in the general permit. Because emissions of carbon monoxide (CO), nitrogen oxides (NOx), volatile organic compounds (VOC), particulate matter (PM) (including PM that is less than 2.5 μm in diameter (PM2.5) and less than 10 μm in diameter (PM10)) exceed the applicable minor NSR permitting threshold, and do not exceed the major source NSR thresholds, the Source is subject to the Tribal Minor NSR Program.

Emissions Calculations and Potential to Emit
The emission calculations for the Source are provided below in Table 3. The Tribal NSR Rule establishes specific PTE thresholds for new or modified stationary sources that trigger the requirement to obtain a preconstruction permit under the Tribal Minor NSR program. Table 2 lists the minor and major source thresholds pursuant to 40 CFR 49.153 (Tribal Minor NSR), and 40 CFR Part 52.21(b)(1)(i)(b) (PSD Major Source).

Table 2. Source PTE & NSR Permitting Thresholds in tons per year (tpy)
                                   Pollutant
                          MNSR Thresholds for Attainment Areas
                    Major Source PSD Thresholds for Attainment Areas
                             Carbon monoxide (CO)
                                      10
                                      250
                             Nitrogen oxides (NOX)
                                      10
                                      250
                             Sulfur dioxide (SO2)
                                      10
                                      250
                       Volatile Organic Compounds (VOC)
                                       5
                                      250
                                      PM
                                      10
                                      250
                                     PM10
                                       5
                                      250
                                     PM2.5
                                       3
                                      250
                                     Lead
                                      0.1
                                       -
                                   Fluorides
                                       1
                                       -
                              Sulfuric acid mist
                                       2
                                       -
                               Hydrogen sulfide
                                       2
                                       -
                             Total reduced sulfur
                                       2
                                       -
                           Reduced sulfur compounds
                                       2
                                       -

The EPA's emissions analysis is available as part of our administrative record and summarized here. In this case, we have determined that the Source triggers the preconstruction permit requirements under the Tribal Minor NSR Program because its PTE exceeds permitting thresholds. As described previously, the Applicant is seeking to obtain coverage under the HMA General Permit in lieu of obtaining a site-specific permit and has indicated that it satisfies the eligibility criteria necessary to qualify for coverage. The HMA General Permit includes enforceable physical or operational limitations on the maximum capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation and/or on the type or amount of material combusted, stored, or processed. Our evaluation of whether the Source qualifies for the HMA General Permit included consideration of the limitations and controls required by the HMA General Permit.

Table 3. Facility‐wide Potential to Emit (PTE) Summary (includes permit controls)

                             Pollutant (tons/year)
                                    Process
                                      PM
                                     PM10
                                     PM2.5
                                      SO2
                                      NOx
                                      CO
                                      VOC
                                  Dryer/Mixer
                                     16.4
                                     11.5
                                     1.44
                                     5.48
                                     18.9
                                     64.7
                                     15.9
                             Load-out/Silo Filling
                                     0.55
                                     0.55
                                     0.55
                                       -
                                       -
                                     1.22
                                     8.02
                                   Conveying
                                     2.99
                                     1.10
                                     1.10
                                       -
                                       -
                                       -
                                       -
                                   Screening
                                     1.10
                                     0.37
                                     0.02
                                       -
                                       -
                                       -
                                       -
                                 Storage Piles
                                     1.80
                                     0.85
                                     0.13
                                       -
                                       -
                                       -
                                       -
                               Lime Silo Loading
                                     4.82
                                     4.82
                                     4.82
                                       -
                                       -
                                       -
                                       -
                               Auxiliary Heater
                                     0.11
                                     0.19
                                     0.14
                                      0.0
                                     1.13
                                     0.28
                                     0.02
                                     Total
                                     27.80
                                     19.32
                                     8.21
                                     5.49
                                     20.05
                                     66.24
                                     23.97
General Permit Eligibility Criteria
Based upon our review of the Request for Coverage, we have determined the Source qualifies for the HMA General Permit because it meets the following criteria:
 The Source is a minor source drum hot mix asphalt plant that is located in Indian Country;
 The Source only produces hot mix asphalt;
 The Source only uses distillate fuel in the dryer/mixer;
       The Source is located in an attainment/unclassifiable area for ozone, and the asphalt production rate will be equal to or less than 83,000 tons per month;
 The asphalt dryer/mixer at your facility is controlled by a baghouse (fabric filter);
       You use only the following fuel(s) in the auxiliary heaters: natural gas, propane, distillate fuel and biodiesel; and
       The total maximum heat input capacity of the auxiliary heaters (including hot oil heaters) is equal to or less than 10 MMBtu/hour.

As discussed further below, the Applicant has met the eligibility criteria related to listed species and historic properties.

Listed Species‐Related Eligibility Criteria
The EPA developed eligibility criteria related to species that are listed as endangered or threatened under the Endangered Species Act that applicants must satisfy to qualify for coverage under the HMA General Permit. Appendix A to the Request for Coverage form for the HMA General Permit provides detailed screening procedures for applicants to follow to assess the potential impacts of their sources on federally‐listed species and their critical habitat. To be eligible for coverage under the General Permit, sources must demonstrate that they have satisfactorily completed the screening procedures and that they meet one of the species‐related eligibility criteria, provide sufficient documentation supporting the criterion selected and obtain confirmation from the EPA that they have done so.
The Request for Coverage states that the Source meets Criterion A of Appendix A with respect to listed species protection.

Fann included a Biological Assessment for the Weeminuche Hot Plant Location (see synthetic minor permit application in the Docket, dated March 1, 2022, Document ID #EPA-R08-OAR-2022-0297-0005) The assessment relied on data from the U.S. Fish and Wildlife Service as of February 23, 2022. Fann concluded that due to the existing developed use of the Weeminuche pit property, the Source activities will not have an adverse effect on endangered plants or animals. The Source area is already devoid of flora as it is a working mine. The area is already fenced to prevent species from coming into contact with equipment. The area is also bermed on all sides to prevent water runoff carrying contaminants.

After review and consideration of this information and documentation, the EPA agrees that the Applicant has completed the species‐related screening procedures and has demonstrated, providing appropriate documentation, that the proposed Source meets Criterion A of the listed species‐related eligibility criteria for coverage under the HMA General Permit.

Historic Properties‐Related Eligibility Criteria
The EPA developed the screening process in Appendix B of the Request for Coverage form to enable source owners/operators to appropriately consider the potential impacts, if any, resulting from the construction, modification and/or operation of a new or modified emission source on historic properties and, if applicable, to determine whether actions can be taken to mitigate any such impacts. To be eligible for coverage under the HMA General Permit, sources must demonstrate that they have satisfactorily completed the screening procedures and that they meet one of the historic property‐related eligibility criteria, provide sufficient documentation supporting the criterion selected and obtain confirmation from the EPA that they have done so.
With respect to the Source, Fann indicated in the Request for Coverage that the screening process in Appendix B of the Request for Coverage form had been completed to determine if the construction, modification or operation of the Source has the potential to cause effects to historic properties.

The application included a May 12, 2009, letter from the U.S. Bureau of Indian Affairs Southwest Region for the proposed construction of the Weeminuche pit. Three archeological sites, 5MT19089, 5MT19090, and 5MT19094, were encountered during the survey. It was determined that these sites would not be impacted by the proposed gravel mining operations at the site. The application also included a May 12, 2010, letter referencing the 2009 letter and a May 12, 2010, re-survey. The survey found that the fencing is at least 100-150 feet from the sites, that the previous report is correct, and that areas proposed for future projects were well away from the sites.

Based on the documentation provided in the Request for Coverage, the EPA has concluded that Fann has demonstrated that it has satisfactorily completed the historic property‐related screening procedures, that the Source meets the historic property‐related eligibility criteria for the HMA General Permit of No Historic Properties Affected and that Fann has provided sufficient documentation supporting the criterion selected.

Environmental Justice
The EPA believes the human health or environmental risk addressed by this action will not have potentially, disproportionately high and adverse human health or environmental effects on communities of color, low-income or indigenous populations. The EPA's primary goal in developing the HMA General Permit is to ensure that air resources in Indian country will be protected in the manner intended by the CAA.

The HMA General Permit will limit adverse impacts by restricting operations and emissions. In addition, the HMA General permit is part of a preconstruction permitting program for minor sources in Indian country that is comparable to similar programs in neighboring states that, upon promulgation in 2011, filled a regulatory gap that did not previously evaluate or restrict minor sources of emissions in Indian country, while the emissions from similar sources in state jurisdiction were regulated

This permit action would authorize the construction of a hot mix asphalt plant. The EPA reviewed the area around the facility encompassing a one- and three-mile radius from the location. EJScreen indicates there are no persons within a one-mile radius and twelve people who live within a three-mile radius. , The area within a three-mile radius encompasses the four corners of Utah, Colorado, New Mexico, and Arizona, as well as portions of the Ute Mountain Ute and Navajo Reservations.

The EJScreen results indicate that the area within a three-mile radius of the project area exhibits an EJ index at the 92nd percentile, nationally, for ozone, meaning that 8 percent of areas nationally report higher results for that particular index (which is based on a combination of summer seasonal average of daily maximum 8-hour concentration in air (ppb) for ozone combined with population demographics) than the project area. This percentile suggests that there is a potential for an air quality issue in the area around the facility and a potential EJ concern. The EJScreen results also indicate that the incidence of people of color and low-income population in the area within a three-mile radius of the project area is 99% and 59%, respectively which is much higher than the state average for both.

This HMA plant would emit new ozone precursor pollutants. The operational limits set by the HMA general permit result in an estimated potential to emit of 20 tons of NOx and 24 tons of VOCs. The ozone precursor pollutants, namely NOx, would be emitted from stacks that are 12 feet aboveground or less. The Agency believes that the relatively small emission of ozone precursors in an area with no inhabitants within one mile is unlikely to present an impact to communities overburdened with ozone. The EPA does not attribute emissions from one source as a concern for impacting ozone concentrations or design values, as emissions tend to dissipate at short distances from the source boundary (less than 1 mile).

However, the Agency also considered a three-mile radius due to the lack of demographics in the one-mile radius of the source. As mentioned above, the three-mile radius resulted in a 92[nd] percentile for the EJ index, nationally, for ozone. The ozone value provided by EJScreen for the summer seasonal average of daily maximum 8-hour concentrations is 55.7 ppb. While a high ozone value nationally, this value falls in the 32[nd] percentile for the state of Colorado, indicating that this is not a unique environmental indicator for the local community within three miles of the source.

EJScreen does not directly model all Criteria Air Pollutants (e.g., NOx and VOCs). Instead, EJScreen uses a downscaling fusion model that relies on both air quality monitoring data from NAMS/SLAMS and numerical outputs from the Models-3/CMAQ. EJScreen also relies on the most recently available data for both environmental and demographic indices. There is the potential for considerable uncertainty in a screening analysis for ozone relying on EJScreen.

EJScreen indicates the nearest regulated air facility for air pollution is 6.6 miles north (Geodyne Resources, facility ID CO0000000808300058, SIC Code 1311). Ozone daily AQI values for Montezuma county from 2015 to 2021 indicate a limited number of days occur in which the air quality index is "Unhealthy for Sensitive Groups," while most days are "Good" or "Moderate."

The EPA sets NAAQS for ozone. The HMA general permit was designed to be protective of the NAAQS and Region 8 therefore believes that the HMA General Permit is appropriately protective with respect to the Source. As stated previously, there is no population residing within one mile of the project area and the emissions from the source are expected to dissipate over short distances. EJScreen estimates that the approximate population within three miles of the source is twelve people. The nearest regulated source of air pollution to the source is 6.6 miles north and the AQI values for Montezuma County are generally "Good" or "Moderate."

The Ute Mountain Ute Tribe Air Quality Program received copies of all materials related to the Request for Coverage under the HMA General Permit and was included in all communications with Fann regarding the request. Further, upon receipt, the EPA made all information related to the EPA's Approval for Coverage under the HMA General Permit accessible online to the general public for review until the approval was issued, during which time anyone could object to the appropriateness of this particular source's coverage under the HMA General Permit. The Agency is concurrently evaluating an application for a synthetic minor permit for the same source to allow the use of waste oil instead of diesel (waste oil is not permissible under the HMA General Permit). The Agency may revisit this HMA General Permit approval, if additional information makes apparent the need for additional protections.
Public Participation
As described in 40 CFR 49.157, issuance of general permits pursuant to the MNSR Permit Program must meet public participation requirements. Before issuing a permit under the MNSR Permit Program, the EPA must prepare a draft permit and must provide adequate public notice to ensure that the affected community and the public have access to the draft permit information. The public notice must provide an opportunity for a 30‐day public comment period and notice of a public hearing, if any, on the draft permit. Consistent with these requirements, during the development of the proposed HMA General Permit, the EPA followed the applicable public participation process and received numerous comments. The EPA considered and addressed these comments in its issuance of the final HMA General Permit (see 80 FR 25068 (May 1, 2015)).
For coverage of a particular source under the HMA General Permit, the EPA's analysis of whether the source is within the category of emissions sources to which this General Permit applies, including whether the source meets the criteria to be eligible for coverage under the general permit, must be made available to the public. While the EPA was in the process of reviewing the Request for Coverage for the Source under the HMA General Permit, certain supporting documentation, including the Request for Coverage, any additional information requests made by the EPA to the Applicant and any additional information submitted by the Applicant, were made available to the public on the EPA website at: http://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8. The EPA has described its analysis in this TSD, which will be made accessible, along with the EPA's Approval of the Request for Coverage for the Source under the HMA General Permit and all supporting documentation (the Administrative Record), on the EPA website at:
http://www.epa.gov/caa-permitting/caa-permits-issued-epa-region-8.

Approval of Request for General Permit Coverage
The EPA has carefully reviewed the Request for Coverage, and other relevant information, to determine whether the Source meets all of the criteria to qualify it to apply for coverage under this General Permit. Based on our review of, and in reliance on, all of the information and representations provided in the Request for Coverage, the EPA has determined that the Source meets all such criteria, is eligible for coverage under the HMA General Permit and is approving the Request for Coverage for the Source. The EPA's review with respect to some of these criteria was discussed in more detail throughout this TSD.
Additionally, Fann submitted documentation to indicate HP04's 1,110 horsepower diesel-fired generator engine is portable or transportable and thus is considered a non-road engine per 40 CFR 1068.30 (see Request for Coverage Revision in the Docket, dated March 3, 2022, Document ID #EPA-R08-OAR-2022-0286-0002). The EPA' s Approval of the Request for Coverage for the Source is based in part on representations by Fann in the Request for Coverage and subsequent communications that the engine powering the equipment at the Source is a nonroad (mobile) engine that will operate at the site identified above for a period of less than one year. We note that if such engine and/or replacement engines intended to perform the same or a similar function are intended to be utilized for hot mix asphalt production operations at the Weeminuche Pit for a period of at least 12 consecutive months (or for a shorter time, if operations are·conducted on a seasonal basis for consecutive seasons), or are actually utilized for this length of time, the engine would be considered a stationary source and subject to further requirements under the HMA General Permit. In that case, the Source would not be eligible for coverage based on the current Request for Coverage, which does not indicate that any stationary engines will be utilized for the Source.

Final Agency Action  -  Judicial Appeal
The EPA's Approval of the Request for Coverage ("Approval") for the Source is a final agency action for purposes of judicial review only for the issue of whether the Source qualifies for coverage under the HMA General Permit. 40 CFR 49.156(e)(6). Any petition for review of this approval action must be filed in the United States Court of Appeals for the appropriate circuit pursuant to CAA section 307(b).
Public Availability of Information
The EPA's Approval, this TSD and all other supporting information for this action are available through the online docket at www.regulations.gov, Docket ID:EPA-R08-OAR-2022-0297. If you have trouble accessing materials, please contact the EPA Region 8 contact listed below.
Daniel Fagnant
Air and Radiation Division (8ARD-PM)
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, Colorado  80202
Phone:<PHONE_NUMBER>
E‐mail<EMAIL_ADDRESS>
Paper copies of these documents can be sent to individuals upon request in accordance with Freedom of Information Act requirements as described on the EPA Region 8 website at http://www.epa.gov/region8/epa-region-8-foia-office-contact.

The EPA is also providing this TSD and our Approval of Request for Coverage for the Source to:

Scott Clow, Environmental Programs Director
Ute Mountain Ute Tribe
Environmental Programs Department
P.O. Box 448
Towaoc, Colorado  81334
(970) 564-5432
<EMAIL_ADDRESS>


[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13805-13806]
[FR Doc No: 2017-05122]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-146-000.
    Applicants: Great Plains Energy, Westar Energy, Inc.
    Description: Great Plains Energy Incorporated, et. al. submits
order issued by the Missouri Public Service Commission, et. al.
    Filed Date: 3/3/17.
    Accession Number: 20170303-5211.
    Comments Due: 5 p.m. ET 3/24/17.

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

    Docket Numbers: ER10-3297-009.
    Applicants: Powerex Corporation.
    Description: Notice of Non-Material Change in Status and Request
for Confidential Treatment of Powerex Corporation.
    Filed Date: 3/3/17.
    Accession Number: 20170303-5210.
    Comments Due: 5 p.m. ET 3/24/17.

    Docket Numbers: ER13-1935-002.
    Applicants: South Carolina Electric & Gas Company.
    Description: Compliance filing: Attachment K Compliance filing 3-6-
2017 to be effective 1/1/2015.
    Filed Date: 3/6/17.
    Accession Number: 20170306-5095.
    Comments Due: 5 p.m. ET 3/27/17.

    Docket Numbers: ER13-2318-006; ER16-2515-001; ER16-2278-001; ER13-
2317-006; ER13-2319-006.
    Applicants: All Dams Generation, LLC, Black River Hydroelectric,
LLC, Cube Yadkin Generation LLC, Lake Lynn Generation, LLC, PE Hydro
Generation, LLC.
    Description: Notice of Non-Material Change in Status of All Dams
Generation, LLC, et. al.
    Filed Date: 3/3/17.
    Accession Number: 20170303-5212.
    Comments Due: 5 p.m. ET 3/24/17.

    Docket Numbers: ER16-372-003.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing Pursuant to the
Commission's February 3, 2017 Order to be effective 5/15/2017.
    Filed Date: 3/6/17.
    Accession Number: 20170306-5158.
    Comments Due: 5 p.m. ET 3/27/17.

    Docket Numbers: ER16-711-004; ER10-2862-004; ER11-4625-004; ER13-
2169-003; ER11-3634-004.
    Applicants: Pio Pico Energy Center, LLC, Harbor Cogeneration
Company, LLC, Colton Power L.P., Goal Line L.P., KES Kingsburg, L.P.
    Description: Notice of Non-Material Change in Status of Pio Pico
Energy Center, LLC.
    Filed Date: 3/6/17.
    Accession Number: 20170306-5210.
    Comments Due: 5 p.m. ET 3/27/17.

    Docket Numbers: ER16-1564-000.
    Applicants: The AES Corporation.
    Description: Amendment to April 29, 2016 Election for Review and
Authorization of The AES Corporation pursuant to Section 1275 of the
Energy Policy Act of 2015.
    Filed Date: 2/22/17.
    Accession Number: 20170222-5202.
    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-156-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2017-03-06_Compliance filing of
Queue Reform Attachment X to be effective 1/4/2017.
    Filed Date: 3/6/17.
    Accession Number: 20170306-5159.
    Comments Due: 5 p.m. ET 3/27/17.

    Docket Numbers: ER17-512-002.

    Applicants: Virginia Electric and Power Company.
    Description: Compliance filing: Compliance Filing--Doswell
Cogentrix Informational Filing to be effective N/A.
    Filed Date: 3/6/17.
    Accession Number: 20170306-5172.
    Comments Due: 5 p.m. ET 3/27/17.

    Docket Numbers: ER17-1106-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2998 RPM Access & Westar
Energy Meter Agent Agr Cancellation to be effective 5/9/2017.
    Filed Date: 3/7/17.
    Accession Number: 20170307-5011.
    Comments Due: 5 p.m. ET 3/28/17.

    Docket Numbers: ER17-1107-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3160 Basin Electric &
MidAmerican Energy Att AO Cancellation to be effective 3/1/2017.
    Filed Date: 3/7/17.
    Accession Number: 20170307-5016.
    Comments Due: 5 p.m. ET 3/28/17.

    Docket Numbers: ER17-1108-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3306 NPPD and Basin Electric
Interconnection Agreement to be effective 2/21/2017.
    Filed Date: 3/7/17.
    Accession Number: 20170307-5032.
    Comments Due: 5 p.m. ET 3/28/17.

    Docket Numbers: ER17-1109-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3159 Basin Electric &
MidAmerican Energy Att AO Cancellation to be effective 3/1/2017.
    Filed Date: 3/7/17.
    Accession Number: 20170307-5037.
    Comments Due: 5 p.m. ET 3/28/17.

    Docket Numbers: ER17-1110-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3305 CP Bloom Wind and
Sunflower Electric Meter Agent Agreement to be effective 4/1/2017.
    Filed Date: 3/7/17.
    Accession Number: 20170307-5041.
    Comments Due: 5 p.m. ET 3/28/17.

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

    Dated: March 7, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-05122 Filed 3-14-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Proposed Rules]
[Page 381]
[FR Doc No: 2013-30946]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-B-1241]

Proposed Flood Hazard Determinations for Bullitt County, Kentucky
and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed notice; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed notice concerning proposed flood hazard determinations,
which may include the addition or modification of any Base Flood
Elevation, base flood depth, Special Flood Hazard Area boundary or zone
designation, or regulatory floodway on the Flood Insurance Rate Maps,
and where applicable, in the supporting Flood Insurance Study reports
for Bullitt County, Kentucky and Incorporated Areas.

DATES: This withdrawal is effective January 3, 2014.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1241, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On March 28, 2012, FEMA published a proposed
notice at 77 FR 18837, proposing flood hazard determinations in Bullitt
County, Kentucky. FEMA is withdrawing the proposed notice.

    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

    Date: November 22, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-30946 Filed 1-2-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 57938]
[DOCID:fr02oc06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2106-047]

Pacific Gas and Electric Company, California; ERRATA Notice

September 26, 2006.
    On September 25, 2006, the Commission issued a ``Notice of Intent
to File License Application, Filing of Pre-Application Document,
Commencement of Licensing Proceeding, Scoping Meetings, Solicitation of
Scoping Comments on the Pad and Scoping Document, and Identification of
Issues and Associated Study Requests'' for the above-referenced
proceeding. In paragraph ``n.'' last sentence should read:

    ``Any individual or entity interested in commenting on the PAD
or SD1, submitting study requests, or any agency requesting
cooperating status must do so by November 23, 2006.''

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16147 Filed 9-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Page 47097]
[FR Doc No: 2014-19002]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP14-1165-000.
    Applicants: Cadeville Gas Storage LLC.
    Description: CGS Section 6.4 Compliance Filing to be effective 8/1/
2014.
    Filed Date: 8/4/14.
    Accession Number: 20140804-5001.
    Comments Due: 5 p.m. ET 8/18/14.

    Docket Numbers: RP14-1166-000.
    Applicants: Perryville Gas Storage LLC.
    Description: PGS Section 6.4 Compliance Filing to be effective 8/1/
2014.
    Filed Date: 8/4/14.
    Accession Number: 20140804-5002.
    Comments Due: 5 p.m. ET 8/18/14.

    Docket Numbers: RP14-1168-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Tariff Revisions to be effective 9/1/2014.
    Filed Date: 8/4/14.
    Accession Number: 20140804-5048.
    Comments Due: 5 p.m. ET 8/18/14.

    Docket Numbers: RP14-1169-000.
    Applicants: Monroe Gas Storage Company, LLC.
    Description: MGS Section 6.8 Compliance Filing to be effective 8/1/
2014.
    Filed Date: 8/4/14.
    Accession Number: 20140804-5123.
    Comments Due: 5 p.m. ET 8/18/14.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP14-1151-001.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Non-conforming TSA No. 5226 to be effective 8/1/2014.
    Filed Date: 8/4/14.
    Accession Number: 20140804-5167.
    Comments Due: 5 p.m. ET 8/18/14.

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

    Dated: August 5, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-19002 Filed 8-11-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61010-61011]
[FR Doc No: 2017-27745]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2015-E-2655 and FDA-2015-E-2656]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ZYKADIA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for ZYKADIA and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
February 26, 2018. See ``Petitions'' in the SUPPLEMENTARY INFORMATION
section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 26, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of February 26, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date. Furthermore, any
interested person may petition FDA for a determination regarding
whether the applicant for extension acted with due diligence during the
regulatory review period by June 25, 2018. See ``Petitions'' in the
SUPPLEMENTARY INFORMATION section for more information.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2015-E-2655 and FDA-2015-E-2656 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; ZYKADIA.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.

    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product ZYKADIA
(ceritinib). ZYKADIA is indicated for the treatment of patients with
anaplastic lymphoma kinase-positive metastatic non-small cell lung
cancer who have progressed on or are intolerant to crizotinib. This
indication is approved under accelerated approval based on tumor
response rate and duration of response. An improvement in survival or
disease-related symptoms has not been established. Continued approval
for this indication may be contingent upon verification and description
of clinical benefit in confirmatory trials. Subsequent to this
approval, the USPTO received patent term restoration applications for
ZYKADIA (U.S. Patent Nos. 7,964,592 from Novartis AG and and 8,377,921
from IRM LLC), and the USPTO requested FDA's assistance in determining
the patents' eligibility for patent term restoration. In a letter dated
October 15, 2015, FDA advised the USPTO that this human drug product
had undergone a regulatory review period and that the approval of
ZYKADIA represented the first permitted commercial marketing or use of
the product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
ZYKADIA is 1,271 days. Of this time, 1,144 days occurred during the
testing phase of the regulatory review period, while 127 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
November 7, 2010. FDA has verified the applicants' claims that November
7, 2010, is the date the investigational new drug application became
effective.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: December
24, 2013. FDA has verified the applicants' claims that the new drug
application (NDA) for ZYKADIA (NDA 205755) was initially submitted on
December 24, 2013.
    3. The date the application was approved: April 29, 2014. FDA has
verified the applicants' claims that NDA 205755 was approved on April
29, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In their applications for patent
extension, these applicants seek 472 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24 ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition comply with all the requirements of
Sec.  60.30, including but not limited to: must be timely (see DATES),
must be filed in accordance with Sec.  10.20, must contain sufficient
facts to merit an FDA investigation, and must certify that a true and
complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: December 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-27745 Filed 12-22-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Page 23287]
[FR Doc No: 2016-09090]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER16-1407-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2016-04-14_SA 2880
Attachment A Project Specs (Ameren-Wabash Valley Power UCA) to be
effective 3/30/2016.

    Filed Date: 4/14/16.
    Accession Number: 20160414-5130.
    Comments Due: 5 p.m. ET 5/5/16.

    Docket Numbers: ER16-1408-000.
    Applicants: Nevada Power Company.
    Description: Initial rate filing: Rate Schedule No. 153 NPC/Aha
Macav Interconection and TSA Agr. to be effective 4/15/2016.
    Filed Date: 4/14/16.
    Accession Number: 20160414-5154.
    Comments Due: 5 p.m. ET 5/5/16.

    Docket Numbers: ER16-1409-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: 2016 Revised Added
Facilities Rate under WDAT--Filing No. 4 to be effective 1/1/2016.
    Filed Date: 4/14/16.
    Accession Number: 20160414-5158.
    Comments Due: 5 p.m. ET 5/5/16.

    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 14, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09090 Filed 4-19-16; 8:45 am]
 BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I, Dudley Hunt, am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I happen to know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they have saved the lives of countless loved ones. I wish to provide you with my personal reasoning, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

- Dudley Hunt