[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6304-6305]
[FR Doc No: 2018-02833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifty Sixth RTCA SC-224 Standards for Airport Security Access
Control Systems Plenary

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Fifty Sixth RTCA SC-224 Standards for Airport Security Access
Control Systems Plenary.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Fifty Sixth RTCA SC-224 Standards for Airport Security
Access Control Systems Plenary.

DATES: The meeting will be held March 29, 2018, 10:00 a.m.-1:00 p.m.

ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th
Street NW, Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Karan Hofmann at [email protected] or
202-330-0680, or The RTCA Secretariat, 1150 18th Street NW, Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or website at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Fifty Sixth RTCA SC-224 Standards for
Airport Security Access Control Systems Plenary. The agenda will
include the following:

1. Welcome/Introductions/Administrative Remarks
2. Review/Approve Previous Meeting Summary
3. TSA Report
4. Report on Document Distribution Mechanisms
5. Report on the New Guidelines and Other Safe Skies Reports
6. Discussion on DO-230I
7. Decision To Approve Release of DO-230I for Final Review and Comment
(FRAC)
8. Discussion on Terms of Reference (TOR) and DO-230J Revision
9. Action Items for Next Meeting
10. Time and Place of Next Meeting
11. Any Other Business
12. Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on February 7, 2018.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17,
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2018-02833 Filed 2-12-18; 8:45 am]
 BILLING CODE 4910-13-P


Pendimethalin FOCUS Meeting	 Contact Sheet  	11/20/2012 Name Organization Email Phone Elizabeth Riley EFED <EMAIL_ADDRESS>703-347-0227 Stephanie Syslo EFED <EMAIL_ADDRESS>703-305-6355 Sunil Ratnayake BEAD <EMAIL_ADDRESS>703-308-8191 Arnet Jones BEAD <EMAIL_ADDRESS>703-305-7416 Thomas Moriarty PRD <EMAIL_ADDRESS>703-305-5035 Bridgett Bobowiec HED <EMAIL_ADDRESS>703-308-0087 P. Yvonne Barnes HED <EMAIL_ADDRESS>703-305-0091 Christine Olinger HED <EMAIL_ADDRESS>703-305-5406 Shalu Shelat HED <EMAIL_ADDRESS>703-347-8660 Mark Corbin EFED <EMAIL_ADDRESS>703-605-0033 Neil Anderson PRD <EMAIL_ADDRESS>703-308-8187 Melissa Grable EFED <EMAIL_ADDRESS>703-308-3953 Kable "Bo" Davis RD <EMAIL_ADDRESS>703-306-0415 Cathy Eiden PRD <EMAIL_ADDRESS>703-305-7887 Huns Nejad BASF <EMAIL_ADDRESS>919-547-2379 Jeff Holmsen BASF <EMAIL_ADDRESS> Craig Kleppe BASF <EMAIL_ADDRESS>919-547-2615 Spencer Mortensen BASF <EMAIL_ADDRESS>919-547-2954 Gary Orr United Phosphorus <EMAIL_ADDRESS>919-802-8809 Khue Nguyen PRD <EMAIL_ADDRESS>703-347-0248 Ibrahim Abdel-Saheb EFED <EMAIL_ADDRESS>703-305-5463 Derek Berwald BEAD <EMAIL_ADDRESS>703-308-8115


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.  C.  20460

				OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

	Chemical:  Fomesafen

	PC Code:  123802

DP Barcode: 302766, 314014, 314112

MEMORANDUM

DATE:		January 30, 2006

SUBJECT: 	Ecological Risk Assessment for New Uses of Fomesafen on Cotton
(DP 302766), Snap Beans (DP 314014), and Dry Beans (DP 314112)

FROM:	Paige Doelling Brown, Ph.D., Fisheries Biologist

		James Hetrick, Ph.D., Senior Chemist

Nader Elkassabany, Acting Branch Chief

		Environmental Risk Branch 1

Environmental Fate and Effects Division (7507C)

PEER REVIEWERS:	Edward Odenkirchen, Ph.D., Senior Scientist

	Environmental Risk Branch 1

	Kevin Costello, Fate Scientist

			Environmental Fate and Effects Division (7507C)

TO:		Joanne Miller, Product Manager, Herbicide Branch (23)

		Barbara Madden, Risk Integration, Minor Use,

			Emergency Response Branch

		Registration Division (7507C)

Attached please find the Environmental Fate and Effects Divisions’s
(EFED) environmental risk assessment for the proposed use of fomesafen
(PC 123802) on cotton, snap beans, and dry beans.  Fomesafen is proposed
as a pre-plant, and pre- or post-emergent herbicide.   It is currently
registered for use on soybeans, and has been the subject of a number of
Section 18 actions.  Methods of application assessed include aerial
spray (0.375 lb ai/A) and ground spray (0.50 lb ai/A).  An alternative
ground spray application rate (0.2 lb ai/A) was also considered.

Sufficient fate and toxicity data were available to conduct a screening
level assessment.  The majority of the studies used were submitted to
the Agency in the 1980’s, when fomesafen was initially registered.
Existing fate studies were re-reviewed to establish half-lives, and new
data evaluation reviews (DERs) were generated.  Revised fate DERs will
be transmitted under separate cover.  In some cases, aquatic toxicity
tests were conducted on formulations, rather than the active ingredient.
 If necessary, concentrations were corrected for percent active
ingredient, and endpoints re-calculated.  Details of the toxicity
corrections are contained in the ecological effects data appendix.  In
support of the registration action, EFED requested and the registrant
submitted seven aquatic and terrestrial plant toxicity studies (MRIDs
46673801-46673807).  Based on initial review, these studies have
provisionally been classified supplemental, and the data from them has
been used in the risk assessment.  These studies are currently
undergoing the full review process, and the classification of the
studies may be modified.  DERs for these studies will be provided to RD
at a later date, under DP 323262.  Existing avian reproduction studies
did not establish a lowest observable adverse effect concentration
(LOAEC), so there is significant uncertainty associated with the chronic
bird component of the assessment.

Key findings of this assessment include:

(	The greatest acute risk associated with fomesafen use was for
non-target terrestrial plants.  Due to the high toxicity of the compound
to terrestrial plants and proposed high application rates, spray drift
buffers will likely have a minimal impact on reducing risk to non-target
plants unless they are extremely wide (>900 ft for aerial applications,
>350 ft for ground applications).

(	Degradation of plant communities (hedgerows, wetlands, riparian
corridors) surrounding the treated fields could have effects on the
wildlife residing in or dependent on them.

(	A significant concern is the persistence and mobility of fomesafen in
both soil and aquatic environments.

(	Accumulation in the soil of a field repeatedly treated with fomesafen
may adversely affect crops subsequently planted in the field.  Effects
from a single treatment may persist for 3-18 months.

(	Concentrations of fomesafen in shallow groundwater used for irrigation
purposes may be high enough to adversely affect crops subsequently
planted in the field.

(	Fomesafen is practically non-toxic to slightly toxic to aquatic
animals, both freshwater and estuarine/marine.  No adverse effects to
aquatic animals are anticipated based on proposed rates.

(	Fomesafen does exert toxic effects on aquatic plants but risk
quotients (RQs) for the scenarios modeled were below the level of
concern (LOC).

(	Fomesafen is practically non-toxic to slightly toxic to birds and
mammals on an acute basis.  Chronic reproductive effects were noted in
rats.  A chronic LOAEC for birds was not established.  No acute risk
LOCs were exceeded, but acute endangered species LOCs were exceeded for
small mammals at application rates of 0.5 and 0.375 lb ai/A, but not at
0.2 lb ai/A.  Some chronic RQs for both birds and mammals exceeded the
LOC at all application rates.  The meaning of the exceedence for birds
is uncertain, as the guideline study submitted did not determine a
LOAEC.  Better data may significantly affect the chronic risk picture
for birds.

Endangered Species

(	Based on LOC exceedences, the following taxa of endangered species
were identified as potentially being at risk from fomesafen use:
amphibians (terrestrial phase), birds, dicotyledon plants, mammals,
monocotyledon plants, and reptiles.  A LOCATES search (Ver 2.2.11)
showed 807 unique endangered species are known to occur in counties
growing cotton, snap beans, and dry beans.  Of these species, 627 (78%)
are plants.  A significant number of these plants are endemic to Hawaii
and California.

(	Fomesafen is likely to affect plants near the treated areas, with
potential effects extending to >900 ft away from the treatment source in
the case of aerial application.  Direct effects (reduction of growth,
survival, or fecundity) may occur for endangered plants in the drift
zone.  Effects on non-endangered plants in the drift zone may constitute
indirect effects (reduction of food or cover) on endangered animals.

(	Based on an analysis of food habits and size, only 5 species of listed
mammals appear to be in the direct acute risk category, at the maximum
application rate (0.5 lb ai/A).  Reduction of the application rate to
0.375 lb ai/A reduces exposure sufficiently that RQs for these organisms
drop below the LOC.

(	Based on an analysis of food habits and size, 13 species of mammals
appear to be in the chronic risk category.  RQ values for birds are used
to estimate risk for reptiles and amphibians.  Based on current chronic
bird data, there may be chronic risk for birds, reptiles and amphibians
at the proposed application rates of 0.5 lb ai/A and 0.375 lb ai/A.
Reduction of the application rate to 0.2 lb ai/A reduces exposure
sufficiently that RQs for all animals except 2 reptiles drop below the
LOC.

Data Requirements

In general, providing updated fate and/or toxicity studies to the Agency
may reduce uncertainty in the risk assessment.  Specific studies that
may affect risk conclusions include:

(	Avian Reproduction Study (71-4).  The study the Agency currently has
does not establish an LOAEC, only an NOAEC of approximately 50 ppm for
both bobwhite quail and mallard duck.  This NOAEC is based on the
highest dose tested, and the actual no-effects may be higher.

 PAGE

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[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9307-9310]
[FR Doc No: 2018-04418]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0617; FRL-9971-35]

FIFRA Scientific Advisory Panel; Notice of Public Meeting and
Request for Nomination of Ad Hoc Expert Members

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: There will be a 4-day, in-person meeting of the Federal
Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel
(FIFRA SAP) to consider and review the Resistance of Lepidopteran Pests
to Bacillus thuringiensis (Bt) Plant Incorporated Protectants in The
United States: EPA's Analysis of Scientific Uncertainties Related to
Resistance Management and Options to Enhance the Current Insect
Resistance Management Program. Preceding the in-person meeting, there
will be a half-day virtual preparatory meeting, conducted via webinar
using Adobe Connect, to consider and review the clarity and scope of
the meeting's draft charge questions. Registration is required to
attend this virtual meeting. The date and registration instructions
will be on the FIFRA SAP website http://www.epa.gov/sap by mid-March to
early April.

DATES: The virtual preparatory meeting will be announced in a future
Federal Register Notice and on http://www.epa.gov/sap. The 4-day, in-
person meeting will be held July 17 to July 20, 2018, from
approximately 9 a.m. to 5 p.m.

ADDRESSES: Meeting: The location of the 4-day, in-person meeting will
be announced in a future Federal Register Notice and on http://www.epa.gov/sap. The virtual meeting will be webcast. Please refer to
the following website for information on how to access the webcast:
http://www.epa.gov/sap.
    Comments. Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0617, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not
electronically submit any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    How to submit nominations, requests to present oral comments, and
requests for special accommodations. Submit nominations of candidates
to serve as ad hoc members of the FIFRA SAP Meeting, requests for
special accommodations, or requests to present oral comments to the DFO
listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Tamue L. Gibson, DFO, Office of
Science Coordination and Policy (7201M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address: [email protected].
    Comments. Written comments should be submitted for both the virtual
preparatory meeting and the in-person meeting on or before May 10,
2018. FIFRA SAP may not be able to fully consider written comments
submitted after May 10, 2018. Requests to make oral comments should be
submitted on or before May 24, 2018 by contacting the Designated
Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT.
You may also subscribe to the following listservs to be notified when
notices regarding this and other SAP related activities are published.
https://public.govdelivery.com/accounts/USAEPAOPPT/subscriber/new?topic_id=USAEPAOPPT_101, https://public.govdelivery.com/accounts/USAEPAOPPT/subscribers/qualify. For additional instructions, see Unit
I.C. of the SUPPLEMENTARY INFORMATION.
    Nominations. Nominations of candidates to serve as ad hoc members
of FIFRA SAP for this review should be provided on or before April 4,
2018. More information can be found under unit I.C.4., Request for
nominations to serve as ad hoc expert members of FIFRA SAP for this
meeting.
    Webcast. The virtual preparatory meeting will be webcast only and
registration is required. Please refer to the following website for
information on how to access the webcast: http://www.epa.gov/sap. The
4-day, in-person SAP meeting may also be webcast. You may refer to the
FIFRA SAP website at http://www.epa.gov/sap for information on how to
access the webcast. Please note that the webcast for the in-person
meeting is a supplementary public process provided only for
convenience. If difficulties arise resulting in webcasting outages, the
in-person meeting will continue as planned.
    Special accommodations. For information on access or services for
individuals with disabilities, and to request accommodation for a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to allow EPA time to
process your request.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may
be of interest to persons who are or may be required to conduct testing
of chemical substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) and FIFRA. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
regulations.gov or email. If your comments contain any information that
you consider to be CBI or otherwise protected, please contact the DFO
listed under FOR FURTHER INFORMATION CONTACT to obtain special
instructions before submitting your comments.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

C. How may I participate in both meetings?

    You may participate in both meetings by following the instructions
in this unit. To ensure proper receipt of comments, nominations or
other requests by EPA, it is imperative that you identify docket ID
number EPA-HQ-OPP-2017-0617 in the subject line on the first page of
your request.
    1. Written comments. Written comments for both the in-person and
virtual meetings should be submitted, using the instructions in
ADDRESSES and Unit I.B., on or before May 10, 2018, to provide FIFRA
SAP the time necessary to consider and review the written comments.
FIFRA SAP may not be able to fully consider written comments submitted
after May 10, 2018.
    2. Oral comments. The Agency encourages each individual or group
wishing to make brief oral comments to FIFRA SAP during the in-person
or virtual meetings to submit their request to the DFO listed under FOR
FURTHER INFORMATION CONTACT on or before May 24, 2018, to be included
on the meeting agenda. Requests to present oral comments during the in-
person meeting will be accepted until the date of the meeting and, to
the extent that time permits, the Chair of FIFRA SAP may permit the
presentation of oral comments at the meeting by interested persons who
have not previously requested time. Oral comments during the virtual
meeting are limited to approximately 5 minutes due to the time
constraints of this webcast. Oral comments during the 4-day, in-person
meeting are limited to approximately 5 minutes unless arrangements have
been made prior to May 24, 2018. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment. In addition, each speaker should bring 15 copies of his or
her oral remarks and presentation slides (if required) for distribution
to FIFRA SAP at the meeting by the DFO.
    3. Seating at the meeting. Seating at the in-person meeting will be
open and on a first-come basis.
    4. Request for nominations to serve as ad hoc expert members of
FIFRA SAP for this meeting. As part of a broader process for developing
a pool of candidates for each meeting, FIFRA SAP staff routinely
solicits the stakeholder community for nominations of prospective
candidates for service as ad hoc members of FIFRA SAP. Any interested
person or organization may

nominate qualified individuals to be considered as prospective
candidates for a specific meeting. Individuals nominated for this
meeting should have expertise in one or more of the following areas:
Field entomologists with expertise in the southern United States (U.S.)
corn and cotton systems who are either corn earworm/bollworm (both
systems), fall armyworm, and/or western bean cutworm experts; pesticide
resistance modelers with a strong background in entomology, ecology,
and population biology; insect resistance management experts;
population biologists understanding the life-history of corn earworm/
bollworm, fall armyworm, and/or western bean cutworm; corn breeders,
molecular biologists in the field of entomology with an understanding
of the agricultural system in the southern U.S.; social scientists with
expertise in resistance management issues and understanding of dynamics
in the agricultural U.S. (e.g., human and market factors); and
economists with expertise in the U.S. agricultural system and Bt
technology-related issues. Nominees should be scientists who have
sufficient professional qualifications, including training and
experience, to provide expert comments on the scientific issues for
this meeting. Nominees should be identified by name, occupation,
position, address, email address, and telephone number. Nominations
should be provided to the DFO listed under FOR FURTHER INFORMATION
CONTACT on or before April 4, 2018. The Agency will consider all
nominations of prospective candidates for this meeting that are
received on or before that date. However, final selection of ad hoc
members for this meeting is a discretionary function of the Agency.
    The selection of scientists to serve on FIFRA SAP is based on the
function of the Panel and the expertise needed to address the Agency's
charge to the Panel. No interested scientists shall be ineligible to
serve by reason of their membership on any other advisory committee to
a Federal department or agency or their employment by a Federal
department or agency, except EPA. Other factors considered during the
selection process include availability of the potential Panel member to
fully participate in the Panel's review, absence of any conflicts of
interest or appearance of loss of impartiality, independence with
respect to the matters under review, and lack of bias. Although
financial conflicts of interest, the appearance of loss of
impartiality, lack of independence, and bias may result in
disqualification, the absence of such concerns does not assure that a
candidate will be selected to serve on FIFRA SAP. Numerous qualified
candidates are identified for each Panel; therefore, selection
decisions involve carefully weighing a number of factors, including the
candidates' areas of expertise and professional qualifications and
achieving an overall balance of different scientific perspectives on
the Panel. In order to have the collective breadth of experience needed
to address the Agency's peer review charge for this meeting, the Agency
anticipates selecting approximately 13 ad hoc scientists.
    FIFRA SAP members are subject to the provisions of 5 CFR part
2634--Executive Branch Financial Disclosure, Qualified Trusts, and
Certificates of Divestiture, as supplemented by EPA in 5 CFR part 6401.
In anticipation of this requirement, prospective candidates for service
on FIFRA SAP will be asked to submit confidential financial information
which shall fully disclose, among other financial interests, the
candidate's employment, stocks, and bonds, and where applicable,
sources of research support. EPA will evaluate the candidate's
financial disclosure form to assess whether there are financial
conflicts of interest, appearance of a loss of impartiality, or any
prior involvement with the development of the documents under
consideration (including previous scientific peer review) before the
candidate is considered further for service on FIFRA SAP. Those who are
selected from the pool of prospective candidates will be asked to
attend the public meetings and to participate in the discussion of key
issues and assumptions at these meetings. In addition, they will be
asked to review and to help finalize the meeting minutes and final
report. The list of FIFRA SAP members participating at this meeting
will be posted on the FIFRA SAP website at http://www.epa.gov/scipoly/sap or may be obtained from the OPP Docket at http://www.regulations.gov.

II. Background

A. Purpose of FIFRA SAP

    The FIFRA SAP serves as one of the primary scientific peer review
mechanisms of EPA's Office of Chemical Safety and Pollution Prevention
(OCSPP) and is structured to provide independent scientific advice,
information and recommendations to the EPA Administrator on pesticides
and pesticide-related issues as to the impact of regulatory actions on
human health and the environment. FIFRA SAP is a Federal advisory
committee established in 1975 under FIFRA that operates in accordance
with requirements of the Federal Advisory Committee Act (5 U.S.C.
Appendix). The FIFRA SAP is composed of a permanent panel consisting of
seven members who are appointed by the EPA Administrator from nominees
provided by the National Institutes of Health (NIH) and the National
Science Foundation (NSF). FIFRA established a Science Review Board
(SRB) consisting of at least 60 scientists who are available to FIFRA
SAP on an ad hoc basis to assist in reviews conducted by FIFRA SAP. As
a scientific peer review mechanism, FIFRA SAP provides comments,
evaluations, and recommendations to improve the effectiveness and
quality of analyses made by Agency scientists. Members of FIFRA SAP are
scientists who have sufficient professional qualifications, including
training and experience, to provide expert advice and recommendation to
the Agency.

B. Public Meeting

    The purpose of the July 2018 SAP is for the Agency to present major
risk factors believed responsible for expediting lepidopteran
adaptation to Bt toxins in the U.S. and associated scientific
uncertainties. Furthermore, the Agency will discuss identified
shortcomings of the current insect sampling methodologies, rearing and
resistance testing of populations and the feasibility of successful
mitigation when resistance is confirmed. In addition, the meeting
serves to assess whether it is warranted scientifically to develop a
resistance management plan for western bean cutworm. The overall goal
of the meeting is to receive recommendations that reduce the resistance
risks for lepidopteran pests, increase the longevity of currently
functional Bt traits and future technologies, and improve the current
insect resistance management program for lepidopteran pests of Bt corn
and cotton.
    Lepidopteran resistance to Bacillus thuringiensis (Bt) traits of
corn and cotton were published by academic scientists for the
continental U.S. in 2014 for the fall armyworm (Spodoptera frugiperda),
in 2016 for the corn earworm (Helicoverpa zea), and in 2017 for the
western bean cutworm (Striacosta albicosta). Likewise, industry
reported resistance for the southwestern corn borer (Diatraea
grandiosella) in their resistance monitoring reports to the U.S. EPA in
2016. The Agency identified several risk factors that may have had the
greatest impact on these resistance

developments. Some of these are: (1) Lack of high dose traits; (2) use
of single modes of action possible year-after-year; (3) corn seed
blends in the southern U.S.; (4) poor refuge compliance for Bt corn in
southern states; (5) continuous selection with same traits expressed in
Bt corn and Bt cotton in a given year; (6) methodological approaches
with monitoring for resistant field populations; and (7) challenges
with identifying resistance using diet bioassays for non-high-dose
pests. The Agency will discuss its analysis of identified risk factors
underlying lepidopteran resistance development in the U.S. as well as
associated scientific uncertainties. Furthermore, the Agency will
discuss its analysis of methodological issues with collecting insects
from the field, rearing and testing populations for resistance, and the
feasibility of mitigating field resistance for Lepidopteran pests.

C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, charge/questions to FIFRA SAP, and related
supporting materials will be available by mid to late March 2018. In
addition, a list of candidates under consideration as prospective ad
hoc panelists for this meeting will be available for a 15-day public
comment period by late March to early April 2018. You may obtain
electronic copies of most meeting documents, including FIFRA SAP
composition (i.e., members and ad hoc members for this meeting) and the
meeting agenda, at http://www.regulations.gov and the FIFRA SAP website
at http://www.epa.gov/scipoly/sap.
    FIFRA SAP will prepare the meeting minutes and final report
approximately 90 calendar days after the in-person meeting. The meeting
minutes and final report will be posted on the FIFRA SAP website:
https://www.epa.gov/sap and may be accessed in the docket at https://www.regulations.gov.

    Authority:  7 U.S.C. 136 et. seq.; 21 U.S.C. 301 et seq.

    Dated: February 21, 2018.
Stanley Barone Jr.,
Acting Director, Office of Science Coordination and Policy.
[FR Doc. 2018-04418 Filed 3-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5826-5833]
[FR Doc No: 2023-01500]

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

40 CFR Part 52

[EPA-R09-OAR-2022-0427; FRL-10165-01-R9]

Air Plan Approval and Limited Approval-Limited Disapproval;
California; Antelope Valley Air Quality Management District; Stationary
Source Permits; New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval, and a limited approval and limited disapproval of a revision
to the Antelope Valley Air Quality Management District (AVAQMD or
``District'') portion of the California State Implementation Plan
(SIP). The EPA is proposing to take action on nine rules submitted on
August 3, 2021. We are proposing approval of three rules, and limited
approval and limited disapproval of six rules. These revisions concern
the District's New Source Review (NSR) permitting program for new and
modified sources of air pollution under part D of title I of the Clean
Air Act (CAA or ``Act''). If finalized, this action will update the
AVAQMD's current SIP with nine revised rules. We are taking comments on
this proposal and plan to follow with a final action.

DATES: Comments must be received on or before March 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0427 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, Permits Office (Air-
3-1), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules are in the current SIP?
    B. What rules did the State submit?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation
    A. What is the background for this proposal?
    B. How is the EPA evaluating the rules?
    C. Do the rules meet the evaluation criteria?
    D. What are the rule deficiencies?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:

    (i) The word or initials AVAQMD or District mean or refer to the
Antelope Valley Air Quality Management District.
    (ii) The word or initials CAA or Act mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (iii) The word or initials CARB mean or refer to the California
Air Resources Board.
    (iv) The initials CFR mean or refer to Code of Federal
Regulations.
    (v) The initials or words EPA, we, us or our mean or refer to
the United States Environmental Protection Agency.
    (vi) The initials NA mean or refer to nonattainment.
    (vii) The initials NAAQS mean or refer to the National Ambient
Air Quality Standards.
    (viii) The initials NSR mean or refer to New Source Review.
    (ix) The initials NNSR mean or refer to nonattainment New Source
Review.
    (x) The initials SIP mean or refer to State Implementation Plan.
    (xi) The word State means or refers to the State of California.
    (xii) The word TSD means or refers to the Technical Support
Document.

I. The State's Submittal

A. What rules are in the current SIP?

    Table 1 lists the rules in the current SIP with the dates they were
adopted or amended by AVAQMD, submitted by the California Air Resources
Board (CARB), the governor's designee for California SIP submittals,
and approved by the EPA.

                                           Table 1--Current SIP Rules
----------------------------------------------------------------------------------------------------------------
                                                 Amendment or                     EPA action
             Rule                 Rule title     adoption date  Submittal date       date          FR citation
----------------------------------------------------------------------------------------------------------------
                                             Regulation II (Permits)
----------------------------------------------------------------------------------------------------------------
Rule 206.....................  Posting of            2/21/1976       4/21/1976       11/9/1978  43 FR 52237.
                                Permit to
                                Operate.
Rule 219.....................  Equipment Not          9/4/1981      10/23/1981        7/6/1982  47 FR 29231.
                                Requiring a
                                Written Permit
                                Pursuant to
                                Regulation II.
----------------------------------------------------------------------------------------------------------------
                                       Regulation XIII (New Source Review)
----------------------------------------------------------------------------------------------------------------
Rule 1301....................  General........       12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
Rule 1302....................  Definitions....       12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
Rule 1303....................  Requirements...       5/10/1996       8/28/1996       12/4/1996  61 FR 64291.
Rule 1304....................  Exemptions.....       6/14/1996       8/28/1996       12/4/1996  61 FR 64291.
Rule 1306....................  Emission              6/14/1996       8/28/1996       12/4/1996  61 FR 64291.
                                Calculations.
Rule 1309....................  Emission              12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
                                reduction
                                Credits.
Rule 1309.1..................  Priority              12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
                                Reserve.
Rule 1310....................  Analysis and          12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
                                Reporting.
Rule 1311....................  Power Plants...       2/25/1980        4/3/1980       1/21/1981  46 FR 5965.
Rule 1313....................  Permits to            12/7/1995       8/28/1996       12/4/1996  61 FR 64291.
                                Operate.
----------------------------------------------------------------------------------------------------------------

B. What rules did the State submit?

    The CARB provided submittals to the EPA on October 30, 2001, April
22, 2020, and August 3, 2021 (hereafter referred to as the ``2001
Submittal,'' ``2020 Submittal,'' and ``2021 Submittal,'' respectively),
for revisions to the AVAQMD's NSR permitting program in the California
SIP.
    The CARB's 2021 Submittal provided the amended NSR permitting
program rules listed in Table 2 that were adopted by the AVAQMD and
submitted by the CARB for inclusion in the SIP. The submitted rules
listed in Table 2 would replace the current EPA-approved SIP rules that
are listed in Table 1. The rule subsections 1302(C)(5) and
1302(C)(7)(c) are not submitted for inclusion in the California SIP
because they are requirements for regulating toxic air contaminants
(TAC) and hazardous air pollutants (HAP) under the AVAQMD Rule 1401
(New Source Review for Toxic Air Contaminants).\1\
---------------------------------------------------------------------------

    \1\ Subsections 1302(C)(5)(d) and 1302(C)(7)(c)(iii) of Rule
1302 specifically state that subsections 1302(C)(5) and
1302(C)(7)(c) are not submitted to the EPA and are not intended to
be included as part of the California SIP.

                                            Table 2--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Adoption or   Submittal date
                    Rule                                  Rule title              amendment date        \a\
----------------------------------------------------------------------------------------------------------------
                                             Regulation II (Permits)
----------------------------------------------------------------------------------------------------------------
Rule 219...................................  Equipment not Requiring a Permit...       6/15/2021        8/3/2021
----------------------------------------------------------------------------------------------------------------
                                       Regulation XIII (New Source Review)
----------------------------------------------------------------------------------------------------------------
Rule 1300..................................  New Source Review General..........       7/20/2021        8/3/2021
Rule 1301..................................  New Source Review Definitions......       7/20/2021        8/3/2021
Rule 1302 (except 1302(C)(5) and             New Source Review Procedure........       7/20/2021        8/3/2021
 1302(C)(7)(c)).
Rule 1303..................................  New Source Review Requirements.....       7/20/2021        8/3/2021
Rule 1304..................................  New Source Review Emissions               7/20/2021        8/3/2021
                                              Calculations.
Rule 1305..................................  New Source Review Emissions Offsets       7/20/2021        8/3/2021
Rule 1306..................................  New Source Review for Electric            7/20/2021        8/3/2021
                                              Energy Generating Facilities.
Rule 1309..................................  Emission Reduction Credit Banking..       7/20/2021        8/3/2021
----------------------------------------------------------------------------------------------------------------
\a\ The submittal for Rules 219, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1309, and 1700 was transmitted to the
  EPA via a letter from CARB dated August 3, 2021.

    The CARB's 2001 and 2020 Submittals requested removal of the rules
listed in Table 3 from the District's portion of the California SIP
because they were locally rescinded.

                                            Table 3--Rescinded Rules
----------------------------------------------------------------------------------------------------------------
                                                           EPA approval date (FR    Rescission
               Rule                       Rule title             citation)             date       Submittal date
----------------------------------------------------------------------------------------------------------------
                                             Regulation II (Permits)
----------------------------------------------------------------------------------------------------------------
Rule 206..........................  Posting of Permit to   11/9/1978 (43 FR            1/21/2020       4/22/2020
                                     Operate.               52237).
----------------------------------------------------------------------------------------------------------------
                                       Regulation XIII (New Source Review)
----------------------------------------------------------------------------------------------------------------
Rule 1309.1.......................  Priority Reserve.....  12/4/1996 (61 FR            3/20/2001      10/30/2001
                                                            64291).
Rule 1310.........................  Analysis and           12/4/1996 (61 FR            3/20/2001      10/30/2001
                                     Reporting.             64291).
Rule 1311 \a\.....................  Power Plants.........  1/21/1981 (46 FR            3/20/2001      10/30/2001
                                                            5965).
Rule 1313.........................  Permits to Operate...  12/4/1996 (61 FR            3/20/2001      10/30/2001
                                                            64291).
----------------------------------------------------------------------------------------------------------------
\a\ Rule 1311 was rescinded by South Coast AQMD on June 28, 1990 and submitted to the EPA for removal from the
  SIP on January 28, 1992 (see 64 FR 71660, December 22, 1999). Rule 1311 was rescinded by AVAQMD on March 20,
  2001 and submitted to the EPA for removal from the SIP on October 30, 2001.

    The CARB's 2021 Submittal also requested that all previous versions
of Rule 219 and the rules under Regulation XIII codified in 40 CFR
52.220 prior to July 1, 1997, as listed in Table 4, which are in effect
within the jurisdiction of the AVAQMD be removed from the California
SIP. These rules will be superseded by the submitted versions of Rule
219 as amended on June 15, 2021, and Rules 1300 through 1306, and 1309
as amended on July 20, 2021, upon the EPA's approval of these rules
into the California SIP.
    The District was officially formed on July 1, 1997, as the agency
with jurisdiction over the Los Angeles County portion of the Mojave
Desert Air Basin. Prior to that time, the jurisdiction of the Antelope
Valley area was part of the Los Angeles County Air Pollution Control
District (APCD), the Southern California APCD, and the South Coast
AQMD.

                         Table 4--Codified Rules in 40 CFR 52.220 Prior to July 1, 1997
----------------------------------------------------------------------------------------------------------------
                                                                                EPA approval date (FR
                  Rule                         Submittal agency       Submittal date           citation)
----------------------------------------------------------------------------------------------------------------
                                             Regulation II (Permits)
----------------------------------------------------------------------------------------------------------------
Rule 11 (Exemptions)....................  Los Angeles County APCD...       6/30/1972  9/22/1972 (37 FR 19812).
Rule 219................................  Southern California APCD..       4/21/1976  11/9/1978 (43 FR 52237).
Rule 219................................  Southern California APCD..        8/2/1976  11/9/1978 (43 FR 52237).
Rule 219................................  Los Angeles County APCD...        6/6/1977  11/9/1978 (43 FR 52237).
Rule 219................................  South Coast AQMD..........      10/23/1981  7/6/1982 (47 FR 29231).
----------------------------------------------------------------------------------------------------------------

                                       Regulation XIII (New Source Review)
----------------------------------------------------------------------------------------------------------------
Rules 1301, 1303, 1304, 1305, 1306,       South Coast AQMD..........        4/3/1980  1/21/1981 (46 FR 5965).
 1307, 1310, 1311, and 1313.
Rules 1302 and 1308.....................  South Coast AQMD..........       8/15/1980  1/21/1981 (46 FR 5965).
Rules 1301, 1302, 1303, 1304, 1305,       Los Angeles County APCD...        9/5/1980  6/9/1982 (47 FR 25013).
 1306, 1307, 1308, 1310, 1311, and 1313.
Rules 1301, 1302, 1309, 1309.1, 1310,     South Coast AQMD..........       8/28/1996  12/4/1996 (61 FR 64291).
 and 1313, adopted on 12/7/1995; Rule
 1303 adopted on 5/10/1996; and Rules
 1304 and 1306 adopted on 6/14/1996.
----------------------------------------------------------------------------------------------------------------

    On February 3, 2021, the amended Rules 219, 1300, 1301, 1302
(except 1302(C)(5) and 1302(C)(7)(c)), 1303, 1304, 1305, 1306, and 1309
were deemed complete by operation of law to meet the completeness
criteria in 40 CFR part 51, appendix V, which must be met before formal
EPA review. Additionally, on October 22, 2020, rescinded Rule 206 was
deemed complete by operation of law, and on April 30, 2002, rescinded
Rules 1309.1, 1310, 1311, and 1313 were deemed complete by operation of
law to meet the completeness criteria in 40 CFR part 51, appendix V.

C. What is the purpose of the submitted rule revisions?

    The rules listed in Table 2 are intended to replace the rules
currently in the SIP as listed in Table 1. The submitted rules are also
intended to satisfy the minor NSR and nonattainment NSR (NNSR)
requirements of section 110(a)(2)(C) and part D of title I of the Act,
and the EPA's implementing regulations at title 40 of the Code of
Federal Regulations (CFR) part 51.\2\ Minor NSR requirements are
generally applicable for SIPs in all areas, while NNSR requirements
apply only in areas designated as nonattainment for one or more
National Ambient Air Quality Standards (NAAQS). The AVAQMD is currently
designated Severe nonattainment for the 2015 ozone NAAQS. See 40 CFR
81.305. Therefore, the designation of AVAQMD as a federal ozone
nonattainment area triggered the requirement for the District to
develop and submit an NNSR program to the EPA for approval into the
California SIP.
---------------------------------------------------------------------------

    \2\ The CARB also submitted a PSD rule for SIP inclusion (AVAQMD
Rule 1700, `Prevention of Significant Deterioration (PSD)'). We
intend to take action on the District's PSD rule in a subsequent
rulemaking.
---------------------------------------------------------------------------

II. The EPA's Evaluation

A. What is the background for this proposal?

    Section 110(a) of the CAA requires states to submit regulations
that include a pre-construction permit program for new or modified
stationary sources of pollutants, including a permit program as
required by part D of title I of the CAA.
    On October 26, 2015, the EPA finalized a revised 8-hour NAAQS for
ozone, which was lowered from 0.75 parts per billion (ppb) to 0.70
ppb.\3\ On June 4, 2018, the Los Angeles County portion of the Mojave
Desert Air Basin, under the jurisdiction of the AVAQMD, was designated
as nonattainment for 2015 8-hour ozone NAAQS and classified Severe-
15.4 5 (40 CFR 81.305.) This designation became effective on
August 3, 2018. On December 6, 2018, the EPA finalized the
implementation rule for the 2015 ozone NAAQS, which required the AVAQMD
to submit an NSR certification to the EPA by August 3, 2021 (83 FR
62998). On August 3, 2021, the CARB submitted to the EPA the amended
NSR rules listed in Table 2 and requested to remove the rescinded rules
listed in Table 3 and the rules listed in Table 4. The 2021 Submittal
from the CARB is intended to satisfy this NSR requirement.
---------------------------------------------------------------------------

    \3\ 80 FR 65291 (October 26, 2015).
    \4\ 83 FR 25776 (June 4, 2018). A classification of Severe-15
under the 2015 ozone NAAQS is an area with a design value of 0.105
ppm up to but not including 0.111 ppm.
    \5\ 40 CFR 51.1105 provides anti-backsliding requirements for
areas that were nonattainment for standards that were revoked. The
AVAQMD has the same designation of Severe for the 1997 8-hour, 2008
8-hour, and the 2015 8-hour ozone NAAQS. Therefore, the
nonattainment NSR requirements are the same, and have not changed.
---------------------------------------------------------------------------

    The NSR rules contain the District's preconstruction permit program
for new and modified major stationary sources for areas designated
nonattainment for at least one NAAQS. They also include the District's
minor NSR permit program. We provide a more detailed analysis in our
technical support document (TSD), which is available in the docket for
this proposed action.

B. How is the EPA evaluating the rules?

    The EPA has reviewed the AVAQMD rules listed in Table 2 for
compliance with the CAA requirements as follows: (1) the general SIP
requirements as set forth in CAA section 110(a)(2), including
110(a)(2)(A) and 110(a)(2)(E)(i); (2) the stationary source
preconstruction permitting program requirements as set forth in CAA
part D of title I, including CAA sections 172(c)(5), 173, and 182; (3)
the requirements for the review and modification of major sources in
accordance with 40 CFR 51.160-51.165 as applicable in Severe ozone
nonattainment areas; (4) the requirements for the review of new major
stationary sources or major modifications in a designated nonattainment
area that may have an impact on visibility in any mandatory Class I
federal area in accordance with 40 CFR 51.307; (5) the SIP revision
requirements as set forth in CAA sections 110(l) and 193; and (6) the
provisions of CAA section 302(z).
    Sections 110(a)(2) and 110(l) of the Act require that each SIP or
revision to a SIP submitted by the State must be adopted after
reasonable notice and public hearing. In addition, section 110 of the
Act requires that SIP rules be enforceable. Section 110(a)(2)(C) of the
Act requires each SIP to include a program to regulate the modification
and construction of any stationary source within the areas covered by
the SIP as necessary to assure attainment and maintenance of the NAAQS.
Section 110(a)(2)(E)(i) of the Act requires that each SIP provide
necessary assurances that the state will have

adequate personnel, funding, and authority under state (and, as
appropriate, local) law to carry out such implementation plan.
    Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), referred to
as nonattainment NSR (NNSR), including preconstruction permit
requirements for new major sources and major modifications proposing to
construct in nonattainment areas (section 173) and the de minimis SIP
requirements for Severe nonattainment areas (sections 182(c)(6) and
182(d)).
    The EPA's regulations at 40 CFR 51.160-51.164 provide general
programmatic requirements to implement the statutory mandate under
section 110(a)(2)(C) of the Act that is commonly referred to as the
``general'' or ``minor'' NSR program. These NSR program regulations
impose requirements for approval of state and local programs that are
more general in nature as compared to the specific statutory and
regulatory requirements for NSR permitting programs under part D of
title I of the Act.
    The EPA's regulations at 40 CFR 51.165 set forth the EPA's
regulatory requirements for SIP-approval of a nonattainment NSR permit
program. Our review also evaluated the submittal for compliance with
the NNSR requirements applicable to Severe ozone nonattainment areas
and ensured that the submittal addressed the NNSR requirements for the
2015 ozone NAAQS.
    The EPA's regulations at 40 CFR 51.307 set forth the protection of
visibility requirements that apply to NSR programs. This provision
requires that certain actions be taken in consultation with the local
Federal Land Manager if a new major source or major modification may
have an impact on visibility in any mandatory Federal Class I Area.
    Section 110(l) of the Act prohibits the EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the CAA.
    Section 193 of the Act, which only applies in nonattainment areas,
prohibits the modification of a SIP-approved control requirement in
effect before November 15, 1990, in any manner unless the modification
insures equivalent or greater emission reductions of such air
pollutant.
    Section 302(z) of the Act defines the term ``Stationary Source'' as
generally any source of an air pollutant except those emissions
resulting directly from an internal combustion engine for
transportation purposes or from a nonroad engine or nonroad vehicle as
defined in title II of the Act.
    Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.

C. Do the rules meet the evaluation criteria?

    The EPA has reviewed the submitted rules listed in Table 2 in
accordance with the rule evaluation criteria described in Section II.B
of this notice.
    With respect to procedural requirements, CAA sections 110(a)(2) and
110(l) require SIP revisions to be adopted by the state after
reasonable notice and public hearing. Based on our review of the public
process documentation included in the 2021 Submittal for the amended
rules listed in Table 2 and included in the 2001 and 2020 Submittals
for the rescinded rules listed in Tables 3 and 4, we find that the
AVAQMD has provided sufficient evidence of public notice, opportunity
for comment, and a public hearing prior to the adoption, rescission,
and submittal of these rules to the EPA.
    We have determined that while the submitted rules mostly satisfy
the statutory and regulatory requirements in parts C and D of the Act
(including sections 172, 173, 182(c)(6) and 182(d)), section 110(a)(2)
(including 110(a)(2)(A) and 110(a)(2)(E)(i)) and 302(z) of the Act, and
40 CFR 51.160-51.165 and 51.307, and strengthen the SIP, they also
contain deficiencies that prevent full approval. We describe these
identified deficiencies in Section II.D of this notice. Our TSD
contains a more detailed evaluation of the deficiencies, as well as
recommendations for program improvements.

D. What are the rule deficiencies?

    The EPA identified the following deficiencies in the rules proposed
for inclusion in the SIP. Our TSD, which can be found in the docket for
this proposed action, contains a more detailed discussion for our
proposed action.
1. Simultaneous Emission Reductions (SERs) Calculation Methodology
    SERs, as defined in 1301(UUU), are a ``Federally Enforceable
reduction in the emissions of an existing Emissions Unit(s), calculated
pursuant to the provisions of District Rule 1304(C).'' As the name
suggests, these are emission reductions that are proposed to occur in
conjunction with emission increases from a proposed project. SERs
calculated pursuant to 1304(C)(2)(d) are required to be based on real
emissions reductions pursuant to 1301(A), 1301(LLL), and 1304(C)(1).\6\
SERs are used for the following purposes under the District's NSR
rules: (1) as Offsets pursuant to 1301(AAA) and 1305(C)(2),\7\ (2) to
determine the Net Emission Increase (NEI) for determining whether a
project at a Modified Major Facility is a Major Modification pursuant
to 1301(UU) and the related provisions in 1301(MM), 1301(RR),
1301(TTT), and 1304(B)(2); \8\ and (3) to determine the amount of
Offsets required at a new or Modified Facility pursuant to 1302(C)(3)
and 1303(B)(1).\9\
---------------------------------------------------------------------------

    \6\ Rule 1301(A) is the definition for Actual Emissions,
1301(LLL) is the definition for Real, and 1304(C)(1) states that
``SERs as defined in District Rule 1301(UUU) may result from the
Modification or shut down of Existing Emission Unit(s) so long as
the resulting reductions are Federally Enforceable, Real, Surplus,
Permanent, Quantifiable and Enforceable, and are reductions in of
the Emissions Unit(s).''
    \7\ Rule 1301(AAA) is the definition of Offset Emission
Reductions (Offsets), and 1305(C)(2) provides the eligibility
requirements for SERs used as offsets.
    \8\ Rule 1301(MM) is the definition for Major Modification,
1301(RR) is the definition for Modification (Modified), 1301(TTT) is
the definition for Significant, and 1304(B)(2) provides the NEI
calculation procedures.
    \9\ Rule 1302(C)(3) provides the District's procedures for the
determination of offsets, and Rule 1303(B)(1) states the District's
procedures for determining the amount of offsets required.
---------------------------------------------------------------------------

    The EPA has identified deficiencies in how the District calculates
and applies SERs. Rule 1304(C)(2)(d) allows SERs to be calculated using
a potential-to-emit (PTE)-to-PTE calculation method rather than an
actuals-to-PTE calculation method. Specifically, 1304(C)(2)(d) states
that, in the case of a Modified Major Facility, the historic actual
emissions (HAE) for a specific Emission Unit may in some circumstances
be equal to the Potential to Emit for that Emission Unit if the
particular Emission Unit has been previously offset in a documented
prior permitting action.
    CAA section 173(c)(1) requires that the SIP must contain provisions
to assure that emission increases from new or modified major stationary
sources are offset by real reductions in actual emissions. In addition,
40 CFR 51.165(a)(3)(i) specifies that the baseline for determining
credit for emissions reductions shall be the ``actual'' emissions of
the source from which the offset credit is obtained where the
demonstration of reasonable further progress (RFP) and attainment of
the NAAQS is based upon the actual emissions of sources located within
the nonattainment area. The District's attainment plan and
demonstration of RFP are based on actual emissions. SERs

calculated pursuant to 1304(C)(2)(d) and used as offsets pursuant to
1301(AAA) and 1305(C)(2) may not be real reductions in actual emissions
as required by CAA section 173(c)(1) because the provision allows an
Emission Unit's potential to emit, rather than historic actual
emissions to be used as the baseline for the calculations. Calculating
emissions decreases using a potential emissions baseline allows
reductions ``on paper'' that do not represent real emissions
reductions. Under the CAA, such paper reductions cannot be used to
offset actual emission increases. Moreover, since SERs calculated using
a potential to emit baseline are not based on real reductions in actual
emissions as required in CAA section 173(c)(1), it makes offsets that
rely on the use of such SERs deficient.
    As discussed in the preceding paragraph, SERs calculated pursuant
to 1304(C)(2)(d) may not represent real reductions in actual emissions
because the provision allows an Emission Unit's potential to emit,
rather than historic actual emissions, to be used as the baseline for
calculating emission decreases. This provision is inconsistent with the
plain language of the definition of ``net emissions increase'' (NEI)
found in 40 CFR 51.165(a)(1)(vi)(E)(1), which states that: ``A decrease
in actual emissions is creditable only to the extent that the old level
of actual emission or the old level of allowable emissions whichever is
lower, exceeds the new level of actual emissions.'' Therefore, we find
the definition of NEI in 1301(UU) and all related provisions in
1301(MM), 1301(RR), 1301(TTT), and 1304(B)(2) are deficient.
    40 CFR 51.165(a)(3)(ii)(J) requires that the increased emissions,
in tons per year, resulting from a major modification that must be
offset in accordance with section 173(c)(1) of the Act shall be
determined by summing the difference between the allowable emissions
after the modification and the actual emissions before the modification
for each emissions unit. SERs calculated pursuant to 1304(C)(2)(d) and
used to determine the quantity of offsets required at a new or Modified
Facility pursuant to 1303(B)(1) may not be based on the difference
between the allowable emissions after the modification and the actual
emissions before the modification for each emissions unit as required
by 40 CFR 51.165(a)(3)(ii)(J). Therefore, because 1303(B)(1) allows
SERs to be used to calculate the quantity of offsets required, we find
this provision to be deficient, as well as 1302(C)(3).
    These three deficiencies identified in the preceding paragraphs
make portions of Rules 1301, 1302, 1303, 1304, and 1305 not fully
approvable. Deviations from federal definitions and requirements are
generally approvable only if a state specifically demonstrates that the
submitted provisions are more stringent, or at least as stringent, in
all respects as the corresponding federal provisions and definitions.
See 40 CFR 51.165(a)(1) and 51.165(a)(2)(ii). These deficiencies may be
corrected by revising 1304(C)(2)(d) to require HAE or actual emissions,
rather than PTE, to always be used when calculating SERs, regardless of
whether ``the particular Emissions Unit ha[s] been previously offset''
in a past NSR permit action. The District may also correct the
deficiencies by providing a revised calculation method that meets or is
at least as stringent as the requirements in CAA section 173(c)(1), 40
CFR 51.165(a)(3)(i), 40 CFR 51.165(a)(1)(vi)(E)(1), and 40 CFR
51.165(a)(3)(ii)(J).
2. Calculation Method for Determining HAE
    Rule 1304(E)(2) defines the calculation method for determining the
HAE as it relates to emission changes at a Facility pursuant to 1304.
Rule 1304(E)(2) states that HAE, in pounds per year, is the actual
emissions of an emission unit, ``(i) . . . averaged from the 2-year
period which immediately proceeds the date of application and which is
representative of Facility operations; or (ii) averaged for any 2 years
of the 5-year period which immediately precedes the date of application
which the APCO has determined is more representative of Facility
operations. . . .''
    The provision contains a typographical error making the provision
deficient. The actual emissions must be based on emissions emitted
preceding the date of application. This deficiency may be corrected by
replacing the word ``proceeds'' with ``precedes'' in Rule
1304(E)(2)(i).
3. Use of Contracts
    The District rule provisions 1302(D)(6)(a)(iii), 1304(C)(4)(c),
1309(D)(3)(c), and 1309(E)(6) are used to meet requirements in CAA
section 173(c)(1), and 40 CFR 51.165(a)(3)(ii)(G) and 40 CFR
51.165(a)(3)(ii)(J). The provisions allow an owner and/or operator to
obtain a valid District permit or ``contract'' enforceable by the
District. The terms ``Authority to Construct (ATC)'' and ``Permit to
Operate (PTO)'' are defined in Rule 1301(H) and 1301(CCC),
respectively. SIP-approved Rules 201, 203, and 204 provide additional
requirements for ATCs and PTOs. However, neither the NSR rules
submitted for approval nor any other SIP-approved NSR rules define the
term ``contract'' or provide requirements for how a contract is an
enforceable mechanism that may be used in the same way as an ATC or
PTO. For this reason, rule sections 1302(D)(6)(a)(iii), 1304(C)(4)(c),
1309(D)(3)(c), and 1309(E)(6) are deficient and therefore are not fully
approvable. This deficiency may be corrected by either removing the
term ``contract'' or adding provisions that define and delineate how a
contract is a federally enforceable mechanism that may be used in the
same way as an ATC or a PTO.
4. Interprecursor Trading
    Rule 1305(C)(6) allows interprecursor trading (IPT) between
nonattainment pollutants and their precursors on a case-by-case basis.
A footnote to this section states: ``Use of this subsection [is]
subject to the Ruling in Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir.
2021) and subsequent guidance as issued by USEPA.'' This footnote
appears to reference the D.C. Circuit Court of Appeals decision issued
on January 29, 2021,\10\ vacating the provisions of the 2018
Implementation Rule that allowed IPT for the ozone precursors volatile
organic compounds (VOCs) and nitrogen oxides (NOX).\11\ On
July 19, 2021, the EPA issued a final rulemaking that removed the IPT
provisions found in 40 CFR 51.165(a)(11) pertaining to ozone
precursors, consistent with the D.C. Circuit Court decision.\12\
Therefore, the provision in Rule 1305(C)(6) allowing IPT for ozone
precursors is no longer permissible under EPA regulations. Accordingly,
we find Rule 1305 deficient in this regard. We acknowledge the
District's attempt to address the D.C. Circuit Court decision, but with
the EPA's revisions to the NSR regulations, the District must revise
Rule 1305(C)(6) to make clear that IPT is not permissible for ozone
precursors.
---------------------------------------------------------------------------

    \10\ Sierra Club v. EPA, 21 F.4th 815 (D.C. Cir. 2021). This is
the same D.C. Circuit Court decision cited in Rule 1305; the Court
simply updated the citation.
    \11\ 83 FR 62998 (December 6, 2018).
    \12\ 86 FR 37918 (July 19, 2021).
---------------------------------------------------------------------------

5. De Minimis Rule
    Pursuant to section 182(c) and (d) of the CAA, the SIP requirements
for Severe nonattainment areas must include all the provisions under
section 182(c) for Serious nonattainment areas as well as the SIP
requirements in section 182(d) for Severe ozone nonattainment areas.
CAA section 182(c)(6) requires that the NSR provisions in the SIP
``shall ensure

increased emissions of volatile organic compounds resulting from any
physical change in, or change in the method of operation of, a
stationary source located in the area shall not be considered de
minimis for purposes of determining the applicability of the permit
requirements established by this Act unless the increase in net
emissions of such air pollutant from such source does not exceed 25
tons when aggregated with all other net increases in emissions from the
source over any period of 5 consecutive calendar years which includes
the calendar year in which such increase occurred.'' The de minimis SIP
requirements in CAA section 182(c)(6) are not provided in AVAQMD's
submitted nonattainment NSR rules. Therefore, the District rules are
deficient and not fully approvable with respect to CAA section
182(c)(6) or purposes of determining the applicability of the NSR
permit requirements. This deficiency may be corrected by incorporating
the de minimis SIP requirements in CAA section 182(c)(6) in the
Regulation XIII nonattainment NSR rules.
    Our TSD, which can be found in the docket for this proposed action,
contains a more detailed discussion of the rule deficiencies as well as
a complete analysis of the District's submitted rules that form the
basis for our proposed action.

III. Proposed Action and Public Comment

    The EPA is proposing approval of AVAQMD Rules 219, 1300, and 1306
as authorized in section 110(k)(3) of the Act. If a portion of a plan
revision meets all the applicable CAA requirements, CAA sections
110(k)(3) and 301(a) authorize the EPA to approve the plan revision in
part and disapprove the plan revision in part. The EPA is proposing a
limited approval and limited disapproval of Rules 1301, 1302, 1303,
1304, 1305, and 1309 as authorized in sections 110(k)(3) and 301(a) of
the Act because although they fulfill most of the relevant CAA
requirements and strengthen the SIP, they also contain six deficiencies
as discussed in Section II.D of this notice.
    Regarding the additional substantive requirements of CAA sections
110(l) and 193, our proposed action will result in a more stringent
SIP, while not relaxing any existing provision contained in the SIP. We
have concluded that our action would comply with section 110(l) because
it will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable CAA
requirement. In addition, our proposed action will not relax any pre-
November 15, 1990 requirement in the SIP, therefore changes to the SIP
resulting from this action ensure greater or equivalent emission
reductions of ozone and its precursors in the District. Accordingly, we
have concluded that our action is consistent with the requirements of
CAA section 193.
    If we finalize this action as proposed, our action will be codified
through revisions to 40 CFR 52.220 (Identification of plan--in part).
This action would incorporate the submitted rules into the SIP,
including those provisions identified as deficient. This approval is
limited because the EPA is simultaneously proposing a limited
disapproval of Rules 1301, 1302, 1303, 1304, 1305, and 1309 under CAA
sections 110(k)(3) and 301(a).
    In conjunction with our SIP approval of the District's visibility
provisions for major sources subject to review under the NNSR program,
we also propose to revise 40 CFR 52.281(d) regarding applicability of
the visibility Federal Implementation Plan (FIP) at 40 CFR 52.28 as it
pertains to California. Approval of the District's visibility
provisions under 40 CFR 51.307 would mean that this FIP is not needed
to satisfy the CAA visibility requirements at 40 CFR 51.307 for sources
subject to the District's NNSR program. This revision will clarify the
application of this FIP in California following our final action.
    If finalized as proposed, our limited disapproval action would
trigger an obligation on the EPA to promulgate a FIP unless the State
corrects the deficiencies, and the EPA approves the related plan
revisions, within two years of the final action. Additionally, because
the deficiencies relate to NNSR requirements under part D of title I of
the Act, the offset sanction in CAA section 179(b)(2) would apply in
the AVAQMD's jurisdiction 18 months after the effective date of a final
limited disapproval, and the highway funding sanctions in CAA section
179(b)(1) would apply in the area six months after the offset sanction
is imposed. Section 179 sanctions will not be imposed under the CAA if
the State submits, and we approve, prior to the implementation of the
sanctions, a SIP revision that corrects the deficiencies that we
identify in our final action. The EPA intends to work with the District
to correct the deficiencies in a timely manner.
    We will accept comments from the public on this proposal until
March 1, 2023.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the AVAQMD rules listed in Table 2 of this preamble, which
contain the District's NSR permitting program for new and modified
sources of air pollution under part D of title I of the CAA. The EPA
has made, and will continue to make, these materials available through
https://www.regulations.gov and in hard copy at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-01500 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Page 38524]
[FR Doc No: 2021-15429]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-50, OMB Control No. 3235-0060]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form 8-K

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Form 8-K (17 CFR 249.308) is filed by issuers to satisfy their
current reporting obligations pursuant to Section 13 and 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m and 78o(d)) in
connection with the occurrence of significant corporate events. The
purpose of Form 8-K is to provide investors with prompt disclosure of
material information so that investors will be able to make investment
and voting decisions better informed and receive information more
timely. We estimate that Form 8-K takes 9.2145 hours per response and
is filed by 118,387 responses annually. We estimate that 75% of the
9.2145 hours per response (6.91087 hours) is prepared by the issuer for
a total annual reporting burden of 818,158 hours (6.91087 hours per
response x 118,387 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by
sending an email to<EMAIL_ADDRESS>
    Dated: July 15, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15429 Filed 7-20-21; 8:45 am]
BILLING CODE 8011-01-P


   62-730.020 Definitions.
   (1) The Department adopts by reference the definitions contained in 40 Code of Federal Regulations (CFR) 260.10 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12292, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10439, and as amended in the 84 83 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, November 30, 2018 (61552-61563) http://www.flrules.org/Gateway/reference.asp?No=Ref-10779, except for the optional addition of "or 267.101" to subsection (2), of the definition of "facility" in the Federal Register dated September 8, 2005 (70 FR 53419).
   (2) through (5) No change.
Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History - New 5-28-81, Amended 9-8-81, 12-6-81, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 7-5-85, Formerly 17-30.02, Amended 9-19-86, 10-31-86, 4-13-88, Formerly 17-30.020, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.020, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19,	.
   62-730.030 Identification of Hazardous Waste.
   (1) The Department adopts by reference 40 CFR Part 261 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12294, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10441, and as amended in the 84 83 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, November 30, 2018 (61552-61563) http://www.flrules.org/Gateway/reference.asp?No=Ref-10779, and the 84 Federal Register dated February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780, and all appendices, with the exceptions described in paragraphs (1)(a) and (b), of this rule. 40 C.F.R. Part 261 [as adopted in this subsection] contains EPA's rules on the identification and listing of hazardous waste. No delisting published by EPA in 40 C.F.R. Part 261 is effective in Florida until it is adopted by the Department.
    (a) through (b) No change.
   (2) through (3) No change.
Rulemaking Authority 403.72, 403.721, 403.8055 FS. Law Implemented 403.72, 403.721 FS. History - New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, Formerly 17-30.030, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.030, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19,    .
   62-730.180 Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities.
   (1) The Department adopts by reference 40 C.F.R. Part 264 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12293, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10444, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780, including all appendices, with the exceptions described in paragraphs (1)(a) through (c) of this section.
   (a) through (c) No change.
   (2) The Department adopts by reference 40 C.F.R. Part 265 revised as of  July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12295, July 1, 2018 https://www.flrules.org/Gateway/reference.asp?No=Ref-10445, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780, including all appendices, with the exceptions described in paragraphs (2)(a) through (e) of this rule.
   (a) through (e) No change.
   (3) through (6) No change.
Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS. History - New 5-19-82, Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82, 11-25-82, 2-3-83, 3-31-83, 5-19-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85, Formerly 17-30.18, Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, 6-28-88, Formerly 17-30.180, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.180, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 6-17-15, 6-18-18, 6-26-19,     .
   62-730.183 Land Disposal Restrictions.
The Department adopts by reference 40 C.F.R. Part 268 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12296, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10447, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780, and all appendices, with the exception of subsections (1) and (2), of this rule.
   (1) through (2) No change.
Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History - New 1-25-89, Formerly 17-30.183, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.183, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 6-29-12, 6-18-18, 6-26-19,       .
   62-730.185 Standards for Universal Waste Management.
   (1) The Department adopts by reference 40 C.F.R. Part 273 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12297, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10448, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299 February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780.
   (2) No change.
Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.061, 403.704, 403.721 FS. History - New 9-7-95, Amended 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-18-18, 6-26-19,     .
   62-730.220 Applications for Permits and Other Authorizations.
   (1) The Department adopts by reference the following sections of 40 C.F.R. Part 270 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12298, July 1, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-10449, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220), http://www.flrules.org/Gateway/reference.asp?No=Ref-12299 February 22, 2019 (5816-5950) http://www.flrules.org/Gateway/reference.asp?No=Ref-10780: 270.1(c), except for the Project XL site-specific regulations in 270.1(c)(2)(ix); 270.2, except for the optional amendments to the definition of "permit" and "Standardized Permit" in the Federal Register dated September 8, 2005 (70 FR 53419); 270.3; 270.4; 270.6; 270.10 except for the optional amendments to 270.10(a) and (h) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.11; 270.12 through 270.28; 270.30; 270.31; 270.32(b)(2); 270.33; 270.51 except for the optional amendments to 270.51(e) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.61; 270.62; 270.65; 270.66; 270.68; 270.72; 270.79 through 270.230; and 270.235.
   (2) through (11) No change.
Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722, 403.8055 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722, 403.723, 403.727 FS. History - New 7-9-82, Amended 1-5-84, 8-19-84, 7-22-85, Formerly 17-30.22, Amended 9-23-87, 6-28-88, 12-12-88, Formerly 17-30.220, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.220, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 6-18-18, 6-26-19, 11-13-19,      .


[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]
[Page 27582]
[DOCID:fr13my08-94]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register Citation Of Previous Announcement: 73 FR 21165, April
18, 2008 and 73 FR 22184, dated April 24, 2008.

Status: Open Meeting.

Place: 100 F Street, NE., Washington, DC.

Date and Time of Previously Announced Meeting: May 14, 2008 at 10 a.m.

Change in the Meeting: Additional Item.
    The following matter will also be considered during the 10 a.m.
Open Meeting scheduled for Wednesday, May 14, 2008, at 10 a.m., in the
Auditorium, Room L-002:
    Item 2: The Commission will consider whether to propose amendments
to provide for mutual fund risk/return summary information to be filed
with the Commission in interactive data format.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: May 7, 2008.
Nancy M. Morris,
Secretary.
 [FR Doc. E8-10617 Filed 5-12-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Page 12187]
[FR Doc No: 2021-04261]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos: AF21-6-000; AD20-6-000]

RTO/ISO Credit Principles and Practices, Credit Reforms in
Organized Wholesale Electric Markets; Supplemental Notice of Technical
Conference

    As first announced in the Notice of Technical Conference issued in
this proceeding on November 4, 2020, the Federal Energy Regulatory
Commission (Commission) will convene a staff-led technical conference
in the above referenced proceeding on Thursday, February 25, 2021 from
9:00 a.m. to 5:00 p.m. and Friday, February 26, 2021 from 9:00 a.m. to
1:00 p.m. Eastern Time. The conference will be held electronically and
broadcast on the Commission's website. Commissioners may attend and
participate. This conference will discuss principles and best practices
for credit risk management in organized wholesale electric markets.
    We note that discussions at the conference may involve issues
raised in proceedings that are currently pending before the Commission.
These proceedings include, but are not limited to: DC Energy, LLC v.
PJM Interconnection, L.L.C., Docket No. EL18-170; Shell Energy North
America (US), L.P., Docket No. EL20-49; PJM Interconnection, L.L.C.,
Docket No. ER21-520; ISO New England Inc., New England Power Pool
Participants Committee, Docket No. ER21-816; Midcontinent Independent
System Operator, Inc., Docket No. ER21-920; PJM Interconnection,
L.L.C., Docket No. ER21-972; Southwest Power Pool, Inc., ER21-1185;
Southwest Power Pool, Inc., ER21-1193.
    Attached to this Supplemental Notice is an agenda for the technical
conference, which includes the final conference program and speakers.
The conference will be open for the public to attend. Registration for
the conference is not required, however members of the public may
preregister online at: https://ferc.webex.com/ferc/onstage/g.php?MTID=e2b36f2a0411532188b8cd973144668ff. Anyone who registers by
Monday, February 22, 2021 will be given instructions on how to access
the event. Information on the technical conference will also be posted
on the Calendar of Events on the Commission's website, http://www.ferc.gov, prior to the event. The conference will be transcribed.
Transcripts of the conference will be available for a fee from Ace-
Federal Reporters, Inc.<PHONE_NUMBER>).
    For more information about this technical conference, please
contact: Michael Hill (Technical Information), Office of Energy Policy
and Innovation,<PHONE_NUMBER><EMAIL_ADDRESS>Sarah McKinley
(Logistical Information), Office of External Affairs,<PHONE_NUMBER>
<EMAIL_ADDRESS>
    Dated: February 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-04261 Filed 3-1-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8987-8988]
[FR Doc No: 2023-02913]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Meeting of the National Parks Overflights Advisory
Group

ACTION: Notice of meeting.

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SUMMARY: The Federal Aviation Administration (FAA) and the National
Park Service (NPS), in accordance with the National Parks Air Tour
Management Act of 2000, announce the next meeting of the National Parks
Overflights Advisory Group (NPOAG). This notification provides the
date, location, and agenda for the meeting.

DATES: The NPOAG will meet on March 8-9, 2023.

ADDRESSES: The meeting will take place in the Room C210 located in the
Georgia World Congress Center, 285 Andrew Young International Blvd. NW,
Atlanta, GA 30313. The meeting will be held from 1:00 p.m. to 5:00 p.m.
on March 8 and from 8:30 a.m. to 12:30 p.m. on March 9, 2023. This
NPOAG meeting will be open to the public.

FOR FURTHER INFORMATION CONTACT: Sandi Fox, Environmental Protection
Specialist, Federal Aviation Administration, Office of Environment and
Energy, 800 Independence Ave. SW, Suite 900W, Washington, DC 20591,
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION: The National Parks Air Tour Management Act
of 2000 (NPATMA), enacted on April 5, 2000, as Public Law 106-181,
required the establishment of the NPOAG within one year after its
enactment. The Act requires that the NPOAG be a balanced group of
representatives of general aviation, commercial air tour operations,
environmental concerns, and Native American tribes. The Administrator
of the FAA and the Director of NPS (or their designees) serve as ex
officio members of the group. Representatives of the Administrator and
Director serve alternating 1-year terms as chairperson of the advisory
group.
    The duties of the NPOAG include providing advice, information, and
recommendations to the FAA Administrator and the NPS Director on;
implementation of Public Law 106-181; quiet aircraft technology; other
measures that might accommodate interests to visitors of national
parks; and at the request of the Administrator and the Director, on
safety, environmental, and other issues related to commercial air tour
operations over national parks or Tribal lands.

Agenda for the March 8-9, 2023 NPOAG Meeting

    The agenda for the meeting will include, but is not limited to, an
update on ongoing park specific air tour management plans or voluntary
agreements, status of agency implementation of court approved plan/
schedule, update on environmental review process and special purpose
law consultations, and public comment review process.

Attendance at the Meeting and Submission of Written Comments

    Although this is not a public meeting, interested persons may
attend. Because seating is limited, if you plan to attend please
contact the person listed under FOR FURTHER INFORMATION CONTACT no
later than February 22, 2023 so that meeting space may be made to
accommodate all attendees. Written comments regarding the meeting will
be accepted directly from attendees or may be sent to the person listed
under FOR FURTHER INFORMATION CONTACT.

Record of the Meeting

    If you cannot attend the NPOAG meeting, a summary record of the
meeting will be made available under the NPOAG section of the FAA ATMP
website at: http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/parks_overflights_group/minutes.cfm or through the Office of Environment and Energy, 800
Independence Ave. SW, Suite 900W, Washington, DC 20591, telephone:
(202) 267-0928.

    Issued in Washington, DC, on February 7, 2023.
Sandra Fox,
Environmental Protection Specialist, Office of Environment and Energy.
[FR Doc. 2023-02913 Filed 2-9-23; 8:45 am]
BILLING CODE 4910-13-P