[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Page 8496]
[FR Doc No: 2019-04252]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 258

[EPA-HQ-RCRA-2015-0354; FRL-9990-49-OLEM]

Revisions to the Criteria for Municipal Solid Waste Landfills To
Address Advances in Liquids Management; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; extension of comment
period.

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SUMMARY: The Environmental Protection Agency (EPA) issued an advance
notice of proposed rulemaking (ANPRM) in the Federal Register on
December 26, 2018, to solicit comment on potential revisions to the
criteria for municipal solid waste landfills and associated issues
related to advances in liquids management. This ANPRM, entitled
``Revisions to the Criteria for Municipal Solid Waste Landfills to
Address Advances in Liquids Management,'' provided for a 90-day public
comment period ending on March 26, 2019. The EPA received a number of
requests from public interest groups for additional time to review the
ANPRM and to develop and submit comments. This ANPRM extends the
comment period for 45 days, from March 26, 2019, to May 10, 2019.

DATES: Comments must be received on or before May 10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2015-0354; Title: Revisions to the Criteria for Municipal Solid
Waste Landfills to Address Advances in Liquids Management at http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Materials Recovery and
Waste Management Division, Office of Resource Conservation and
Recovery, Mail Code 5304P, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: (703)
308-9037; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA is considering whether to propose
revisions to the criteria for Municipal Solid Waste Landfills (MSWLFs)
to support advances in effective liquids management. To this end, EPA
is seeking information relating to: removing the prohibition on the
addition of bulk liquids to MSWLFs; defining a particular class of
MSWLF units (i.e., bioreactor landfill units) to operate with increased
moisture content; and establishing revised MSWLF criteria to address
additional technical considerations associated with liquids management,
including waste stability, subsurface reactions, and other important
safety and operational issues. This ANPRM also discusses the results of
related research conducted to date, describes EPA's preliminary
analysis of that research, and seeks additional scientific studies,
data, and public input on issues that may inform a future proposed
rule. The EPA is not reopening any existing regulations through this
ANPRM.
    The ANPRM was published on December 26, 2018, and the comment
period was scheduled to end on March 26, 2019. See 83 FR 66210. Since
publication of the ANPRM, several stakeholders have requested
additional time to review the ANPRM and to develop and submit comments.
Therefore, after considering these requests for additional time, the
EPA has decided to extend the comment period until May 10, 2019.

List of Subjects in 40 CFR Part 258

    Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution and control.

    Dated: February 21, 2019.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2019-04252 Filed 3-7-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Proposed Rules]
[Page 11307-11313]
[DOCID:fr13mr07-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2006-0903; FRL-8286-8]

Public Hearings and Submission of Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing changes to EPA's regulations specifying the
public hearing requirements for State Implementation Plan (SIP)
submissions, identifying the method for submission of SIPs and
preliminary review of plans; and revising the criteria for determining
the completeness of plan submissions requirements to reflect the
changes to the public hearing and plan submission requirements. EPA is
also making administrative changes to update the addresses to several
Regional offices. These proposed revisions will modify when state
agencies are required to hold public hearings, modify the number of
hard copies of SIP submissions required to be submitted to the Regional
office and the administrative portion of the completeness criteria for
plan submissions.

DATES: Comments must be received on or before April 12, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0903 by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>

    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-HQ-OAR-2006-0903'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.5.
    5. Hand Delivery: Sean Lakeman, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division 12th
floor, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0903. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov, or e-mail. The http://www.regulations.gov Web site is

an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through  http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 For additional instructions on submitting

comments, go to unit I.B of the SUPPLEMENTARY INFORMATION section of
this preamble.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Regulatory Development

Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For general questions concerning
today's rule, please contact Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:

I. General Information
II. Background
III. Proposed Actions
IV. Administrative Changes
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    The proposed revisions will modify the public hearing requirements
for SIPs. The proposed revision will also modify the number of hard
copies States are required to submit to the Regional office. We are
also proposing to revise the administrative portion of the completeness
criteria to reflect the changes to the public hearing and plan
submission requirements. These actions may affect anyone wanting to
participate in the rulemaking process. If you have any questions
regarding the applicability of this rule to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Expedited Review. To expedite review of your comments by Agency
staff, you are encouraged to send a separate copy of your comments, in
addition to the copy you submit to the official docket, to: Sean
Lakeman, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Lakeman can
also be reached via electronic mail at<EMAIL_ADDRESS>    2. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov
 or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address Sean Lakeman,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is<PHONE_NUMBER>. Mr. Lakeman can also be reached via
electronic mail at<EMAIL_ADDRESS>Attention Docket ID No. EPA-
HQ-OAR-2006-0903.
    3. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    Today, EPA is proposing to change the requirements of 40 CFR
51.102, 51.103 and Appendix V to Part 51. In addition, we are making
administrative changes to 40 CFR 52.02 and 52.16 to update the
addresses for several of the EPA Regional offices.
    The Clean Air Act (CAA) provides that each revision to an SIP
submitted by a State must be adopted by such State ``after reasonable
notice and public hearing.'' EPA's regulations on public hearings in 40
CFR 51.102(a) state ``Except as otherwise provided in paragraph (c) of
this section, States must conduct one or more public hearings on the
following prior to adoption and submission to EPA.'' The completeness
criteria indicate that a complete submission must include ``Evidence
that public notice was given of the proposed change consistent with
procedures approved by EPA, including the date of publication of such
notice'' and ``Certification that public hearings(s) were held in
accordance with the information provided in the public notice and the
State's laws and constitution, if applicable.'' 40 CFR part 51,
appendix V (2.1)(f) and (g). Following these public hearing
requirements, states hold public hearings on any revision to a SIP, no
matter how minor or noncontroversial and these hearings consume both
valuable time and resources, whether or not the public participates in
these hearings.
    Forty CFR 51.103(a) and (b) require states to submit ``five copies
of the plan to the appropriate Regional Office.'' The completeness
criteria in Appendix V(2.1)(d) of part 51 provide that a complete
submission must include ``indication of the changes made to the
existing approved plan, where applicable.'' Since the time these
regulations were promulgated, electronic access to documents has become
readily available and there is no longer the same need for the State to
provide multiple printed copies of the submitted plan. We are proposing
to revise these regulations to allow the Regions and the States
flexibility to determine the number of printed and electronic copies of
the plan submission necessary to ensure full public access to the
submitted plan (including identification of the changes made) and to
allow the agency to review the plan for approvability.
    Since the promulgation of 40 CFR 52.02 and 52.16, the Region 3,
Region 4, Region 7 and Region 8 offices have relocated and EPA is
revising these sections to reflect the correct addresses for these
Regional offices.

III. Proposed Actions

(1) Section 51.102 Public Hearings

    Section 51.102(a) currently states ``Except as otherwise provided
in paragraph (c) of this section, States must conduct one or more
public hearings on the following prior to adoption and submission to
EPA of:'' EPA proposes to revise this section to read ``Except as
otherwise provided in paragraph (c) of this section and within the 30
day notification period as required by paragraph (d) of this section,
States must provide notice, provide the opportunity to submit written
comments and allow the public the opportunity to request a public
hearing. The State must hold a public hearing or provide the public the
opportunity to request a public hearing by including the date, place
and time of hearing in the notice announcing the 30 day notification
period. If the State provides the public the opportunity to request a
public hearing and a request is received the State must hold the
scheduled hearing. If no request for a public hearing is received
during the 30 day notification period and the original notice
announcing the 30 day notification period clearly states that if no
request for a public hearing is received the hearing will be cancelled,
then the public hearing may be cancelled. These requirements apply for
adoption and submission to EPA of:''
    The current regulation as written requires states to hold public
hearings for any revision to SIPs. States currently hold public
hearings whether or not the public attends and participates in these
hearings. Many of these plan revisions are minor or noncontroversial in
nature and no member of the public or the regulated community attends
or participates in the hearing. These hearings consume both valuable
time and resources. Rather than requiring a public hearing for all SIP
revisions, the proposed revision will allow states to determine those
actions for which there may be little or no interest by the public or
the regulated community and, for those actions, to provide the public
the opportunity to request a public hearing. If no request for public
hearing is made, then the State would have fulfilled the requirements
of 51.102(a) and no public hearing is required to be held.
    Whether or not a public hearing is held, the State is required to
provide a 30-day period for the written submission of comments from the
public.
    The proposed rule change defines the minimum requirements for
satisfying the ``after reasonable notice and public hearing'' or
``after public notice and opportunity for public hearing'' requirements
of the CAA. With today's multiple means of communication available to
the public, EPA believes this rule revision will have no affect on
public participation in the rulemaking process, but will help state
agencies reduce costs by not needing to pay for facilities for public
hearings for which no one is interested in attending and participating.
In addition, it will increase efficiency by allowing limited staff
resources to be devoted to productive activities rather than staffing a
hearing that is not attended.
    Section 51.102(f) currently states ``The State must submit with the
plan, revision, or schedule a certification that the hearing required
by paragraph (a) of this section was held in accordance with the notice
required by paragraph (d) of this section.'' EPA proposes to revise
this section to read ``The State must submit with the plan, revision,
or schedule, a certification that the requirements in paragraph (a) and
(d) of this section were met. Such certification will include the date
and place of any public hearing (s) held or that no public hearing was
requested during the 30 day notification period.''
    The purpose of this revision is to eliminate the reference to
public hearings in light of the proposed revision to allow the State to
provide the opportunity for a public hearing. Thus, we are simplifying
the language to provide the State must certify that it has met the
public hearing and public notification requirements of section
51.102(a) and (d).

(2) Section 51.103 Submission of Plans, Preliminary Review of Plans

    Section 51.103(a) currently states ``The State makes an official
plan submission to EPA only when the submission conforms to the
requirements of appendix V to this part, and the State delivers five
copies of the plan to the appropriate Regional Office,

with a letter giving notice of such action.'' And Section 51.103(b)
currently states ``Upon request of a State, the Administrator will
provide preliminary review of a plan or portion thereof submitted in
advance of the date such plan is due. Such requests must be made in
writing to the appropriate Regional Office and must be accompanied by
five copies of the materials to be reviewed. Requests for preliminary
review do not relieve a State of the responsibility of adopting and
submitting plans in accordance with prescribed due dates.''
    EPA is proposing to revise section 51.103(a) to read ``The State
makes an official plan submission to EPA only when the submission
conforms to the requirements of appendix V to this part, and the State
delivers five hard copies or at least two hard copies with an
electronic version of the hard copy (unless otherwise agreed to by the
State and Regional Office) of the plan to the appropriate Regional
Office, with a letter giving notice of such action. If the State
submits an electronic copy, it must be an exact duplicate of the hard
copy.''
    EPA is proposing to revise section 51.103(b) to read ``Upon request
of a State, the Administrator will provide preliminary review of a plan
or portion thereof submitted in advance of the date such plan is due.
Such requests must be made in writing to the appropriate Regional
Office, must indicate changes (such as, redline/strikethrough) to the
existing approved plan, where applicable and must be accompanied by
five hard copies or at least two hard copies with an electronic version
of the hard copy (unless otherwise agreed to by the State and Regional
Office). Requests for preliminary review do not relieve a State of the
responsibility of adopting and submitting plans in accordance with
prescribed due dates.'' These proposed revisions establish the minimum
required number of electronic and hard copies to be submitted with all
official submittals or preliminary requests for EPA review.
    With today's use of electronic processing and the use of the
internet these revisions align the regulatory requirements with the way
States and EPA interact and with the way information is made available
to the public. Rulemaking dockets are now available electronically,
providing greater access to the public because there are no geographic
or time limits on where or when documents may be obtained. Previously,
when the dockets were comprised solely of hard copies of documents, the
public needed to travel to specified locations to review the docket and
the docket was available only during business hours. These revisions
will reduce costs for States but will not interfere with the public's
access to SIP revisions being reviewed by EPA. Rather, as described
above, the availability of electronic files simplifies access for the
public.

(3) Appendix V of Part 51--Criteria for Determining the Completeness of
Plan Submissions

    The completeness criteria in Appendix V identify the minimum
elements needed for a SIP to be determined complete and thus to be
reviewed for approvability. We are proposing to revise the completeness
criteria to conform to the revisions above regarding public hearing
requirements and official plan submissions.
    To be complete, paragraph 2.1(d) of the completeness criteria,
currently require that the submission include ``A copy of the actual
regulation, or document submitted for approval and incorporation by
reference into the plan, including indication of the changes made to
the existing approved plan, where applicable. The submittal shall be a
copy of the official State regulation/document signed, stamped, dated
by the appropriate State official indicating that it is fully
enforceable by the State. The effective date of the regulation/document
shall, whenever possible, be indicated in the document itself.'' EPA is
proposing to revise this paragraph to include the underlined language:
``A copy of the actual regulation, or document submitted for approval
and incorporation by reference into the plan, including indication of
the changes made (such as, redline/strikethrough) to the existing
approved plan, where applicable. The submittal shall be a copy of the
official State regulation/ document signed, stamped and dated by the
appropriate State official indicating that it is fully enforceable by
the State. The effective date of the regulation/document shall,
whenever possible, be indicated in the document itself. If the State
submits an electronic copy, it must be an exact duplicate of the hard
copy with changes indicated, signed documents need to be in portable
document format, rules need to be in text format and files need to be
submitted in manageable amounts (e.g., a file for each section or
chapter, depending on size, and separate files for each distinct
document) unless otherwise agreed to by the State and Regional
Office.''
    Paragraph 2.1(g) currently states that a complete plan must
include:

    ``Certification that public hearings(s) were held in accordance
with the information provided in the public notice and the State's
laws and constitution, if applicable.'' EPA proposes to revise
paragraph (g) to read ``Certification that public hearing(s) were
held in accordance with the information provided in the public
notice and the State's laws and constitution, if applicable and
consistent with the public hearing requirements in 40 CFR 51.102.''

IV. Administrative Changes

    Since the promulgation of 40 CFR 52.02 and 52.16 EPA Regional
Offices 3, 4, 7 and 8 have relocated. EPA is making the following
revision to 40 CFR 52.02 and 52.16 to provide the public with the
current addresses of Regions 3, 4, 7 and 8 offices.
    40 CFR 52.02(d)(2)(iii) currently states ``Delaware, District of
Columbia, Pennsylvania, Maryland, Virginia, and West Virginia.
Environmental Protection Agency, Region 3, 841 Chestnut Building,
Philadelphia, PA 19107.'' EPA is revising the address for Region 3 to
read ``Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.'' and 40 CFR 52.16(b)(3)
currently states ``Delaware, District of Columbia, Pennsylvania,
Maryland, Virginia, and West Virginia. EPA Region 3, 841 Chestnut
Building, Philadelphia, PA 19107.'' EPA is revising the address for
Region 3 to read ``Delaware, District of Columbia, Pennsylvania,
Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.''
    Section 52.02(d)(2)(iv) currently states ``Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and
Tennessee Environmental Protection Agency, Region 4, 345 Courtland
Street, N.E., Atlanta, GA 30365.'' EPA is revising the address for
Region 4 to read ``Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.'' and
Section 52.16(b)(4) currently states ``Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
EPA Region 4, 345 Courtland Street, NE., Atlanta, GA 30365.'' EPA is
revising the address for Region 4 to read ``Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.''
    40 CFR 52.02(d)(2)(vii) currently states ``Iowa, Kansas, Missouri,
and Nebraska. Environmental Protection Agency, Region 7, 726 Minnesota
Avenue, Kansas City, KS 66101.'' EPA is

revising the address for Region 7 to read ``Iowa, Kansas, Missouri, and
Nebraska. Environmental Protection Agency, Region 7, 901 North 5th
Street, Kansas City, KS 66101.'' and 40 CFR 52.16(b)(7) currently
states ``Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726
Minnesota Avenue, Kansas City, KS 66101.'' EPA is revising the address
for Region 7 to read ``Iowa, Kansas, Missouri, and Nebraska. EPA Region
7, 901 North 5th Street, Kansas City, KS 66101.''
    40 CFR 52.02(d)(2)(viii) currently states ``Colorado, Montana,
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection
Agency, Region 8, 999 18th Street, Suite 500, Denver, CO 80202-2466.''
EPA is revising the address for Region 8 to read ``Colorado, Montana,
North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection
Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.'' and 40
CFR 52.16(b)(8) currently states ``Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming. EPA, Region 8, 999 18th Street, Suite
500, Denver, CO 80202-2466.'' EPA is revising the address for Region 8
to read ``Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.''

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to the Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Pursuant to the terms of Executive Order 12866, it has been
determined that the proposed rule is not a ``significant regulatory
action'' because none of the above factors applies. As such, this
proposed rule was not formally submitted to OMB for review.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This proposed rule only modifies the public hearing requirements for
SIPs by clarifying that public hearings need only be held when
requested by the public rather than automatically and provides a less
costly alternative to the pre-existing requirement to submit five
printed copies of each SIP revision. The present proposed rule does not
establish any new information collection burden apart from that
required by law. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information. An agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of today's proposed rule on small entities,
small entity is defined as: (1) A small business that is a small
industrial entity as defined in the U.S. Small Business Administration
(SBA) size standards (See 13 CFR 121.); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. This
proposed rule only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. After considering the economic impacts of today's
proposed rule on small entities, I certify that this rule will not have
a significant economic impact on a substantial number of small
entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation to why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory

proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements. Today's proposed rule does not include a
Federal mandate within the meaning of UMRA that may result in
expenditures of $100 million or more in any one year by either State,
local, or Tribal governments in the aggregate or to the private sector,
and therefore, is not subject to the requirements of sections 202 and
205 of the UMRA. This proposed rule only modifies the public hearing
requirements for SIPs by clarifying that public hearings need only be
held when requested by the public rather than automatically and
provides a less costly alternative to the pre-existing requirement to
submit five printed copies of each SIP revision.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.'' This
proposed rule only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. This proposed rule will not modify the relationship of
the States and EPA for purposes of developing programs to implement the
NAAQS. Thus, Executive Order 13132 does not apply to this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have ``Tribal implications'' as specified in Executive Order 13175.
This proposed rule only modifies the public hearing requirements for
SIPs by clarifying that public hearings need only be held when
requested by the public rather than automatically and provides a less
costly alternative to the pre-existing requirement to submit five
printed copies of each SIP revision. The Clean Air Act and the Tribal
Authority Rule establish the relationship of the Federal Government and
Tribes in developing plans to attain the NAAQS, and this rule does
nothing to modify that relationship.

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

    Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This
proposed rule only modifies the public hearing requirements for SIPs by
clarifying that public hearings need only be held when requested by the
public rather than automatically and provides a less costly alternative
to the pre-existing requirement to submit five printed copies of each
SIP revision. The proposed rule is not subject to Executive Order 13045
because it is not economically significant as defined in E.O. 12866,
and because the Agency does not have reason to believe the
environmental health risks or safety risks addressed by this rule
present a disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211, ``Actions That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act

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

List of Subjects in 40 CFR Parts 51 and 52

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

    Dated: March 7, 2007.
Stephen L. Johnson,
Administrator.
    In consideration of the foregoing, the Environmental Protection
Agency proposes to amend 40 CFR parts 51 and 52 as follows:

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.

    2. Section 51.102 is amended by revising paragraphs (a)
introductory text and (f) to read as follows:

Sec.  51.102  Public hearings.

    (a) Except as otherwise provided in paragraph (c) of this section
and within the 30 day notification period as required by paragraph (d)
of this section, States must provide notice, provide the opportunity to
submit written comments and allow the public the opportunity to request
a public hearing. The State must hold a public hearing or provide the
public the opportunity to request a public hearing by including the
date, place and time of hearing in the notice announcing the 30 day
notification period. If the State provides the public the opportunity
to request a public hearing and a request is received the State must
hold the scheduled hearing. If no request for a public hearing is
received during the 30 day notification period and the original

notice announcing the 30 day notification period clearly states that if
no request for a public hearing is received the hearing will be
cancelled, then the public hearing may be cancelled. These requirements
apply for adoption and submission to EPA of:
* * * * *
    (f) The State must submit with the plan, revision, or schedule, a
certification that the requirements in paragraph (a) and (d) of this
section were met. Such certification will include the date and place of
any public hearing(s) held or that no public hearing was requested
during the 30 day notification period.
* * * * *
    3. Section 51.103 is revised to read as follows:

Sec.  51.103  Submission of plans, preliminary review of plans.

    (a) The State makes an official plan submission to EPA only when
the submission conforms to the requirements of appendix V to this part,
and the State delivers five hard copies or at least two hard copies
with an electronic version of the hard copy (unless otherwise agreed to
by the State and Regional Office) of the plan to the appropriate
Regional Office, with a letter giving notice of such action. If the
State submits an electronic copy, it must be an exact duplicate of the
hard copy.
    (b) Upon request of a State, the Administrator will provide
preliminary review of a plan or portion thereof submitted in advance of
the date such plan is due. Such requests must be made in writing to the
appropriate Regional Office, must indicate changes (such as, redline/
strikethrough) to the existing approved plan, where applicable and must
be accompanied by five hard copies or at least two hard copies with an
electronic version of the hard copy (unless otherwise agreed to by the
State and Regional Office). Requests for preliminary review do not
relieve a State of the responsibility of adopting and submitting plans
in accordance with prescribed due dates.
    4. Appendix V to Part 51 is amended by revising paragraphs (d) and
(g) under Section 2.1 to read as follows:

Appendix V of Part 51--Criteria for Determining the Completeness of
Plan Submissions

* * * * *

2.1. * * *

    (d) A copy of the actual regulation, or document submitted for
approval and incorporation by reference into the plan, including
indication of the changes made (such as, redline/strikethrough) to
the existing approved plan, where applicable. The submittal shall be
a copy of the official State regulation/document signed, stamped and
dated by the appropriate State official indicating that it is fully
enforceable by the State. The effective date of the regulation/
document shall, whenever possible, be indicated in the document
itself. If the State submits an electronic copy, it must be an exact
duplicate of the hard copy with changes indicated, signed documents
need to be in portable document format, rules need to be in text
format and files need to be submitted in manageable amounts (e.g., a
file for each section or chapter, depending on size, and separate
files for each distinct document) unless otherwise agreed to by the
State and Regional Office.
* * * * *
    (g) Certification that public hearing(s) were held in accordance
with the information provided in the public notice and the State's
laws and constitution, if applicable and consistent with the public
hearing requirements in 40 CFR 51.102.
* * * * *

PART 52--[AMENDED]

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

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

    6. Section 52.02 is amended by revising paragraphs ``(d)(2)(iii)'',
``(d)(2)(iv)'', ``(d)(2)(vii)'', and ``(d)(2)(viii)'' to read as
follows:

Sec.  52.02  Introduction.

* * * * *
    (d) * * *
    (2) * * *
    (iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.
    (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
* * * * *
    (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental
Protection Agency, Region 7, 901 North 5th Street, Kansas City, KS
66101.
    (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, CO 80202-1129.
* * * * *
    7. Section 52.16 is amended by revising paragraphs ``(b)(3)'',
``(b)(4)'', ``(b)(7)'' and ``(b)(8)'' to read as follows:

Sec.  52.16  Submission to administrator.

* * * * *
    (b) * * *
    (3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.
    (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth
Street, Atlanta, Georgia 30303.
* * * * *
    (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 901 North
5th Street, Kansas City, KS 66101.
    (8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
* * * * *
[FR Doc. E7-4563 Filed 3-12-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30576]
[DOCID:fr01jn07-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-422-001]

Cameron LNG, LLC; Notice of Filing

May 25, 2007.
    Take notice that on February 15, 2007, Cameron LNG, LLC (Cameron
LNG) tendered for filing a supplemental request for a modification of
the Commission's January 18, 2007 Order granting authorization under
section 3 of the Natural Gas Act (NGA) for Cameron LNG to construct its
Terminal Expansion Project. Cameron LNG requests authority to increase
the send-out rate of its LNG terminal prior to the construction of any
Terminal Expansion Project facilities, rather than during the
construction of those facilities as authorized by the January 18, 2007
Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Anyone filing a protest must serve a copy of that document
on all the parties to the proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 8, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10544 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Pages 65369-65373]
[FR Doc No: 2016-22894]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address

listed in the table below and online through the FEMA Map Service
Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 26, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chief executive, officer      Community map                                       Community
         State and county           Location and case No.         of community             repository       Effective date of  modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Shelby (FEMA Docket No.: B-     City of Hoover (15-04- The Honorable Gary Ivey,   Building Inspections  Jun. 13, 2016..................       010123
     1611).                          7711P).                Mayor, City of Hoover,     Department, 2020
                                                            100 Municipal Lane,        Valleydale Road,
                                                            Hoover, AL 35216.          Hoover, AL 35244.
    Shelby (FEMA Docket No.: B-     Unincorporated areas   The Honorable Rick         Shelby County         Jun. 13, 2016..................       010191
     1611).                          of Shelby County,      Shepherd, Chairman,        Engineer's Office,
                                     (15-04-7711P).         Shelby County              506 Highway 70,
                                                            Commission, 200 West       Columbiana, AL
                                                            College Street,            35051.
                                                            Columbiana, AL 35051.
Arizona: Maricopa (FEMA Docket      City of Scottsdale,    The Honorable W.J.         Stormwater and        Jun. 10, 2016..................       045012
 No.: B-1611).                       (15-09-1857P).         ``Jim'' Lane, Mayor,       Floodplain
                                                            City of Scottsdale, 3939   Management
                                                            North Drinkwater           Department, 7447
                                                            Boulevard, Scottsdale,     East Indian School
                                                            AZ 85251.                  Road, Suite 125,
                                                                                Scottsdale, AZ
                                                                                85251.
Arkansas:
    Van Buren (FEMA Docket No.: B-  City of Clinton, (15-  The Honorable Richard      City Hall, 342 Main   Mar. 4, 2016...................       050211
     1555).                          06-3659P).             McCormac, Mayor, City of   Street, Clinton, AR
                                                            Clinton, P.O. Box 970,     72031.
                                                            Clinton, AR 72031.
    Van Buren (FEMA Docket No.: B-  Unincorporated areas   The Honorable Roger        Van Buren County      Mar. 4, 2016...................       050566
     1555).                          of Van Buren County,   Hooper, Van Buren County   Clerk's Office,
                                     (15-06-3659P).         Judge, P.O. Box 60,        1414 Highway 65
                                                            Clinton, AR 72031.         South, Clinton, AR
                                                                                72031.
    White (FEMA Docket No.: B-      City of Beebe, (15-06- The Honorable Mike         City Hall, 321 North  Jun. 22, 2016..................       050223
     1614).                          1373P).                Robertson, Mayor, City     Elm Street, Beebe,
                                                            of Beebe, 321 North Elm    AR 72012.
                                                            Street, Beebe, AR 72012.
    White (FEMA Docket No.: B-      Unincorporated areas   The Honorable Michael      White County Office   Jun. 22, 2016..................       050467
     1614).                          of White County, (15-  Lincoln, White County      of Emergency
                                     06-1373P).             Judge, 300 North Spruce    Management, 417
                                                            Street, Searcy, AR 72143.  North Spruce
                                                                                Street, Searcy, AR
                                                                                72143.
California: Santa Barbara (FEMA     City of Santa          The Honorable Helene       Public Works          Jun. 13, 2016..................       060335
 Docket No.: B-1611).                Barbara, (15-09-       Schneider, Mayor, City     Department, 630
                                     1420P).                of Santa Barbara, P.O.     Garden Street,
                                                            Box 1990, Santa Barbara,   Santa Barbara, CA
                                                            CA 93102.                  93101.
Colorado:
    Douglas (FEMA Docket No.: B-    Town of Castle Rock,   The Honorable Paul         Utilities             Jun. 24, 2016..................       080050
     1614).                          (16-08-0265P).         Donahue, Mayor, Town of    Department, 175
                                                            Castle Rock, 100 North     Kellogg Court,
                                                            Wilcox Street, Castle      Castle Rock, CO
                                                            Rock, CO 80104.            80109.
    Jefferson (FEMA Docket No.: B-  Unincorporated areas   The Honorable Casey        Department of         Jul. 22, 2016..................       080087
     1618).                          of Jefferson County,   Tighe, Chairman,           Planning and
                                     (15-08-0540P).         Jefferson County Board     Zoning, 100
                                                            of Commissioners, 100      Jefferson County
                                                            Jefferson County           Parkway, Golden, CO
                                                            Parkway, Golden, CO        80419.
                                                            80419.
Florida:
    Alachua (FEMA Docket No.: B-    City of Hawthorne,     The Honorable Matthew      Building Department,  Jun. 16, 2016..................       120682
     1611).                          (15-04-8602P).         Surrency, Mayor, City of   6700 Southeast
                                                            Hawthorne, P.O. Box        221st Street,
                                                            2413, Hawthorne, FL        Hawthorne, FL 32640.
                                                            32640.

    Alachua (FEMA Docket No.: B-    Unincorporated areas   The Honorable Robert       Alachua County        Jun. 21, 2016..................       120001
     1611).                          of Alachua County,     ``Hutch'' Hutchinson,      Public Works
                                     (15-04-A130P).         Chairman, Alachua County   Department, 5620
                                                            Board of Commissioners,    Northwest 120th
                                                            12 Southeast 1st Street,   Lane, Gainesville,
                                                            Gainesville, FL 32601.     FL 32601.
    Bay (FEMA Docket No.: B-1611).  City of Panama City    The Honorable Gayle        Engineering           Jun. 21, 2016..................       120013
                                     Beach, (15-04-9706P).  Oberst, Mayor, City of     Department, 110
                                                            Panama City Beach, 110     South Arnold Road,
                                                            South Arnold Road,         Panama City Beach,
                                                            Panama City Beach, FL      FL 32413.
                                                            32413.
    Bay (FEMA Docket No.: B-1614).  Unincorporated areas   The Honorable Mike         Bay County Planning   Jun. 27, 2016..................       120004
                                     of Bay County, (15-    Nelson, Chairman, Bay      and Zoning
                                     04-8357P).             County Board of            Division, 840 West
                                                            Commissioners, 840 West    11th Street, Panama
                                                            11th Street, Panama        City, FL 32401.
                                                            City, FL 32401.
    Bay (FEMA Docket No.: B-1611).  Unincorporated areas   The Honorable Mike         Bay County Planning   Jun. 21, 2016..................       120004
                                     of Bay County, (15-    Nelson, Chairman, Bay      and Zoning
                                     04-9706P).             County Board of            Division, 840 West
                                                            Commissioners, 840 West    11th Street, Panama
                                                            11th Street, Panama        City, FL 32401.
                                                            City, FL 32401.
    Collier (FEMA Docket No.: B-    Unincorporated areas   The Honorable Donna        Collier County        Jun. 15, 2016..................       120067
     1611).                          of Collier County,     Fiala, Chair, Collier      Floodplain
                                     (16-04-1863P).         County Board of            Management Section,
                                                            Commissioners, 3299        2800 North
                                                            Tamiami Trail East,        Horseshoe Drive,
                                                            Suite 303, Naples, FL      Naples, FL 34104.
                                                            34112.
    Monroe (FEMA Docket No.: B-     City of Marathon, (16- The Honorable Mark         Planning Department,  Jun. 16, 2016..................       120681
     1611).                          04-1559P).             Senmartin, Mayor, City     9805 Overseas
                                                            of Marathon, 9805          Highway, Marathon,
                                                            Overseas Highway,          FL 33050.
                                                            Marathon, FL 33050.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   The Honorable Heather      Monroe County         Jun. 30, 2016..................       125129
     1614).                          of Monroe County,      Carruthers, Mayor,         Building
                                     (16-04-0898P).         Monroe County Board of     Department, 2798
                                                            Commissioners, 500         Overseas Highway,
                                                            Whitehead Street, Suite    Suite 300,
                                                            102, Key West, FL 33040.   Marathon, FL 33050.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   The Honorable Heather      Monroe County         Jun. 17, 2016..................       125129
     1611).                          of Monroe County,      Carruthers, Mayor,         Building
                                     (16-04-1380P).         Monroe County Board of     Department, 2798
                                                            Commissioners, 500         Overseas Highway,
                                                            Whitehead Street, Suite    Suite 300,
                                                            102, Key West, FL 33040.   Marathon, FL 33050.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   The Honorable Heather      Monroe County         Jun. 17, 2016..................       125129
     1611).                          of Monroe County,      Carruthers, Mayor,         Building
                                     (16-04-1801P).         Monroe County Board of     Department, 2798
                                                            Commissioners, 500         Overseas Highway,
                                                            Whitehead Street, Suite    Suite 300,
                                                            102, Key West, FL 33040.   Marathon, FL 33050.
    Sarasota (FEMA Docket No.: B-   Unincorporated areas   The Honorable Alan Maio,   Sarasota County       Jun. 23, 2016..................       125144
     1614).                          of Sarasota County,    Chairman, Sarasota         Development
                                     (16-04-1646P).         County Board of            Services
                                                            Commissioners, 1660        Department, 1001
                                                            Ringling Boulevard,        Sarasota Center
                                                            Sarasota, FL 34236.        Boulevard,
                                                                                Sarasota, FL 34240.
    Seminole (FEMA Docket No.: B-   City of Altamonte      The Honorable Patricia     Public Works          Jun. 29, 2016..................       120290
     1614).                          Springs, (16-04-       Bates, Mayor, City of      Department, 950
                                     0514P).                Altamonte Springs, 225     Calabria Drive,
                                                            Newburyport Avenue,        Altamonte Springs,
                                                            Altamonte Springs, FL      FL 32701.
                                                            32701.
    St. Johns (FEMA Docket No.: B-  Unincorporated areas   The Honorable Jeb Smith,   St. Johns County,     Jun. 13, 2016..................       125147
     1611).                          of St. Johns County,   Chairman, St. Johns        Building Services
                                     (15-04-9500P).         County Board of            Division, 4040
                                                            Commissioners, 500 San     Lewis Speedway, St.
                                                            Sebastian View, St.        Augustine, FL 32084.
                                                            Augustine, FL 32084.
    St. Johns (FEMA Docket No.: B-  Unincorporated areas   The Honorable Jeb Smith,   St. Johns County      Jun. 28, 2016..................       125147
     1614).                          of St. Johns County,   Chairman, St. Johns        Building Services
                                     (16-04-1087P).         County Board of            Division, 4040
                                                            Commissioners, 500 San     Lewis Speedway, St.
                                                            Sebastian View, St.        Augustine, FL 32084.
                                                            Augustine, FL 32084.
Maine: Hancock (FEMA Docket No.: B- Town of Gouldsboro,    The Honorable Dana Rice,   Town Hall, 59 Main    Jun. 24. 2016..................       230283
 1614).                              (15-01-2374P).         Chair, Town of             Street, Prospect
                                                            Gouldsboro Board of        Harbor, ME 04669.
                                                            Selectmen, P.O. Box 68,
                                                            Prospect Harbor, ME
                                                            04669.
New Mexico: Bernalillo (FEMA        Unincorporated areas   The Honorable Art De La    Bernalillo County     Jun 7, 2016....................       350001
 Docket No.: B-1618).                of Bernalillo          Cruz, Chairman,            Public Works
                                     County, (15-06-        Bernalillo County Board    Department, 2400
                                     4028P).                of Commissioners, 1        Broadway Southeast,
                                                            Civic Plaza Northwest,     Albuquerque, NM
                                                            Albuquerque, NM 87102.     87102.
North Carolina:
    Buncombe (FEMA Docket No.: B-   Unincorporated areas   The Honorable David        Buncombe County       Jun. 30, 2016..................       370031
     1614).                          of Buncombe County,    Gantt, Chairman,           Planning
                                     (15-04-4244P).         Buncombe County Board of   Department, 46
                                                            Commissioners, 200         Valley Street,
                                                            College Street,, Suite     Ashville, NC 28801.
                                                            316, Ashville, NC 28801.
    Forsyth (FEMA Docket No.: B-    City of Winston-       The Honorable Allen        City Hall, 101 North  Jun. 16, 2016..................       375360
     1611).                          Salem, (15-04-9863P).  Joines, Mayor, City of     Main Street,
                                                            Winston-Salem, 101 North   Winston-Salem, NC
                                                            Main Street, Suite 150,    27101.
                                                            Winston Salem, NC 27101.
Ohio: Montgomery (FEMA Docket No.:  City of Centerville,   The Honorable Brooks       Public Works          Jun. 15, 2016..................       390408
 B-1611).                            (15-05-1744P).         Compton, Mayor, City of    Department, 7970
                                                            Centerville, 350           South Suburban
                                                            Roselake Drive,            Road, Centerville,
                                                            Centerville, OH 45458.     OH 45458.
Pennsylvania:
    Elk (FEMA Docket No.: B-1618).  Borough of             The Honorable Theresa      Borough Hall, 100     Jun. 27, 2016..................       420443
                                     Johnsonburg, (14-03-   Cherry, Mayor, Borough     Main Street,
                                     2810P).                of Johnsonburg, 100 Main   Johnsonburg, PA
                                                            Street, Johnsonburg, PA    15845.
                                                            15845.
    Elk (FEMA Docket No.: B-1618).  Township of Ridgway,   The Honorable Richard      Township Municipal    Jun. 27, 2016..................       420445
                                     (14-03-2810P).         Glover, Chairman,          Building, 1537-A
                                                            Township of Ridgway        Montmorenci Road,
                                                            Board of Supervisors,      Ridgway, PA 15853.
                                                            1537-A Montmorenci Road,
                                                            Ridgway, PA 15853.
    Lebanon (FEMA Docket No.: B-    Township of            The Honorable Paul         Township Hall, 111    Jun. 16, 2016..................       420969
     1605).                          Heidelberg, (15-03-    Fetter, Chairman,          Mill Road,
                                     0736P).                Township of Heidelberg     Schaefferstown, PA
                                                            Board of Supervisors,      17088.
                                                            111 Mill Road,
                                                            Schaefferstown, PA 17088.

    Lebanon (FEMA Docket No.: B-    Township of            The Honorable Donald R.    Planning and Zoning   Jun. 16, 2016..................       420574
     1605).                          Millcreek, (15-03-     Leibig, Chairman,          Department, 400
                                     0736P).                Township of Millcreek      South 8th Street,
                                                            Board of Supervisors, 81   Newmanstown, PA
                                                            East Alumni Avenue,        17042.
                                                            Newmanstown, PA 17073.
South Carolina: Berkeley (FEMA      Unincorporated areas   The Honorable William W.   Berkeley County       Jun. 30, 2016..................       450029
 Docket No.: B-1614).                of Berkeley County,    Peagler, III, Chairman,    Planning and Zoning
                                     (16-04-1799P).         Berkeley County Council,   Department, 1003
                                                            1003 Highway 52, Moncks    Highway 52, Moncks
                                                            Corner, SC 29461.          Corner, SC 29461.
South Dakota:
    Lawrence (FEMA Docket No.: B-   City of Hill City,     The Honorable Dave Gray,   Planning Department,  Jun. 30, 2016..................       460064
     1614).                          (15-08-0904P).         Mayor, City of Hill        243 Deerfield Road,
                                                            City, P.O. Box 395, Hill   Hill City, SD 57745.
                                                            City, SD 57745.
    Lawrence (FEMA Docket No.: B-   City of Spearfish,     The Honorable Dana Boke,   Municipal Services    Jun. 24, 2016..................       460046
     1614).                          (15-08-0993P).         Mayor, City of             Centre, 625 5th
                                                            Spearfish, 625 5th         Street, Spearfish,
                                                            Street, Spearfish, SD      SD 57783.
                                                            57783.
    Pennington (FEMA Docket No.: B- Unincorporated areas   The Honorable Lyndell H.   Pennington County     Jun. 30, 2016..................       460116
     1614).                          of Pennington          Petersen, Chairman,        Planning
                                     County, (15-08-        Pennington County Board    Department, 832 St.
                                     0904P).                of Commissioners, 130      Joseph Street,
                                                            Kansas City Street,        Rapid City, SD
                                                            Suite 100, Rapid City,     57701.
                                                            SD 57701.
Texas:
    Bexar (FEMA Docket No.: B-      City of San Antonio,   The Honorable Ivy R.       Transportation and    Jun. 16, 2016..................       480045
     1611).                          (15-06-0951P).         Taylor, Mayor, City of     Capital
                                                            San Antonio, P.O. Box      Improvements
                                                            839966, San Antonio, TX    Department, Storm
                                                            78283.                     Water Division,
                                                                                1901 South Alamo
                                                                                Street, 2nd Floor,
                                                                                San Antonio, TX
                                                                                78204.
    Bexar (FEMA Docket No.: B-      City of San Antonio,   The Honorable Ivy R.       Transportation and    Jun. 22, 2016..................       480045
     1614).                          (15-06-4534P).         Taylor, Mayor, City of     Capital
                                                            San Antonio, P.O. Box      Improvements
                                                            839966, San Antonio, TX    Department,
                                                            78283.                     Stormwater
                                                                                Division, 1901
                                                                                South Alamo Street,
                                                                                2nd Floor, San
                                                                                Antonio, TX 78204.
    Bexar (FEMA Docket No.: B-      Unincorporated areas   The Honorable Nelson W.    Bexar County Public   Jun. 27, 2016..................       480035
     1614).                          of Bexar County, (15-  Wolff, Bexar County        Works Department,
                                     06-2058P).             Judge, Paul Elizondo       233 North Pecos-La
                                                            Tower, 101 West Nueva      Trinidad Street,
                                                            Street, 10th Floor, San    Suite 420, San
                                                            Antonio, TX 78205.         Antonio, TX 78207.
    Dallas (FEMA Docket No.: B-     City of Mesquite, (15- The Honorable Stan         Engineering           Jun. 17, 2016..................       485490
     1614).                          06-2748P).             Pickett, Mayor, City of    Division, 1515
                                                            Mesquite, 1515 North       North Galloway
                                                            Galloway Avenue,           Avenue, Mesquite,
                                                            Mesquite, TX 75149.        TX 75149.
    Denton (FEMA Docket No.: B-     City of Carrollton,    The Honorable Matthew      Building Inspections  Jun. 13, 2016..................       480167
     1611).                          (15-06-3828P).         Marchant, Mayor, City of   Department, 1945
                                                            Carrollton, P.O. Box       East Jackson Road,
                                                            110535, Carrollton, TX     Carrollton, TX
                                                            75011.                     75006.
    Denton (FEMA Docket No.: B-     City of Plano, (15-06- The Honorable Harry        City Hall, 1520 K     Jun. 13, 2016..................       480140
     1611).                          3828P).                LaRosiliere, Mayor, City   Avenue, Plano, TX
                                                            of Plano, P.O. Box         75074.
                                                            860358, Plano, TX 75086.
    Denton (FEMA Docket No.: B-     City of The Colony,    The Honorable Joe          Engineering           Jun. 13, 2016..................       481581
     1611).                          (15-06-3828P).         McCourry, Mayor, City of   Department, 6800
                                                            The Colony, 6800 Main      Main Street, The
                                                            Street, The Colony, TX     Colony, TX 75056.
                                                            75056.
    Harris (FEMA Docket No.: B-     Unincorporated areas   The Honorable Ed Emmett,   Harris County Permit  Jun. 29, 2016..................       480287
     1614).                          of Harris County,      Harris County Judge,       Office, 10555
                                     (15-06-0921P).         1001 Preston Street,       Northwest Freeway,
                                                            Suite 911, Houston, TX     Houston, TX 77002.
                                                            77002.
    Montgomery (FEMA Docket No.: B- City of Conroe, (15-   The Honorable Webb K.      Department of Public  Jun. 13, 2016..................       480484
     1611).                          06-1222P).             Melder, Mayor, City of     Works, Engineering
                                                            Conroe, P.O. Box 3066,     Division, 300 West
                                                            Conroe, TX 77305.          Davis Street,
                                                                                Conroe, TX 77301.
    Wichita (FEMA Docket No.: B-    City of Wichita        The Honorable Glenn        City Hall, 1300 7th   Jun. 14, 2016..................       480662
     1611).                          Falls, (15-06-2136P).  Barham, Mayor, City of     Street, Room 105,
                                                            Wichita Falls, P.O. Box    Wichita Falls, TX
                                                            1431, Wichita Falls, TX    76301.
                                                            76307.
Utah:
    Davis (FEMA Docket No.: B-      City of Farmington,    The Honorable H. James     City Hall, 160 South  Jun. 24, 2016..................       490044
     1611).                          (15-08-1200P).         Talbot, Mayor, City of     Main Street,
                                                            Farmington, P.O. Box       Farmington, UT
                                                            160, Farmington, UT        84025.
                                                            84025.
    Davis (FEMA Docket No.: B-      Unincorporated areas   The Honorable John         Davis County          Jun. 24, 2016..................       490038
     1611).                          of Davis County, (15-  Petroff, Jr., Chairman,    Planning
                                     08-1200P).             Davis County Board of      Department, 61
                                                            Commissioners, P.O. Box    South Main Street,
                                                            618, Farmington, UT        Room 304,
                                                            84025.                     Farmington, UT
                                                                                84025.
    Washington (FEMA Docket No.: B- City of St. George,    The Honorable Jon Pike,    City Hall, 175 East   Jun. 27, 2016..................       490177
     1614).                          (16-08-0186P).         Mayor, City of St.         200 North, St.
                                                            George, 175 East 200       George, UT 84770.
                                                            North, St. George, UT
                                                            84770.
    Washington (FEMA Docket No.: B- Unincorporated areas   The Honorable Alan D.      Washington County     Jun. 15, 2016..................       490224
     1611).                          of Washington          Gardner, Chairman,         Planning and Zoning
                                     County, (15-08-        Washington County Board    Department, 197
                                     1225P).                of Commissioners, 197      East Tabernacle
                                                            East Tabernacle Street,    Street, St. George,
                                                            St. George, UT 84770.      UT 84770.
Virginia:

    Chesterfield (FEMA Docket No.:  Unincorporated areas   The Honorable Steve A.     Chesterfield County   Jun. 22, 2016..................       510035
     B-1614).                        of Chesterfield        Elswick, Chairman,         Department of
                                     County, (15-03-        Chesterfield County        Environmental
                                     1125P).                Board of Supervisors,      Engineering, 9800
                                                            P.O. Box 40,               Government Center
                                                            Chesterfield, VA 23832.    Parkway,
                                                                                Chesterfield, VA
                                                                                23832.
    Prince William (FEMA Docket     Unincorporated areas   The Honorable Corey A.     Prince William        Jun. 30, 2016..................       510119
     No.: B-1618).                   of Prince William      Stewart, Chairman At-      County Department
                                     County, (16-03-        Large, Prince William      of Public Works, 5
                                     0467P).                County, Board of           County Complex
                                                            Supervisors, 1 County      Court, Prince
                                                            Complex Court, Prince      William, VA 22192.
                                                            William, VA 22192.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-22894 Filed 9-21-16; 8:45 am]
 BILLING CODE 9110-12-P


Technical Support Document (TSD) for the Response to the September 2010 Section 126 Petition from New Jersey Regarding Sulfur Dioxide (SO2) Emissions from the Portland Generating Station                                                               Docket ID No. EPA-HQ-OAR-2011-0081                                                                                Trajectory Analysis of High SO2 Episodes at the Chester, New Jersey Monitor                                                                                U.S Environmental Protection Agency                                                            March 2011ADDITIONAL SUPPORTING INFORMATION

Trajectory Analysis of High SO2 Episodes at the Chester, NJ Monitor     A. Summary of trajectory analysis submitted by NJDEP

   The New Jersey Department of Environmental Protection (NJDEP) submitted an analysis using air parcel trajectories on days with high concentrations to support its assertion that the Portland Plant causes violations of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey.  NJDEP examined air trajectories from two episodes with high SO2 concentrations recorded at the nearby Chester ambient air monitor in 2008 and 2009.  The Chester monitor (34-027-3001) is located in Morris County, New Jersey, approximately thirty-four kilometers from the Portland Plant.  The Chester monitor is part of New Jersey's regular State and Local Air Monitoring Station network and was situated to monitor the exposure of the general population of the area to SO2 and was not designed to monitor the specific impact of the Portland Plant or any other impact of any particular emissions source.          B.  HYSPLIT Model selection

NJDEP used the Air Resources Laboratory's HYbrid Single-Particle Lagrangian Integrated Trajectory (HYSPLIT) model  as a tool to help determine if high concentrations of SO2 are coming from the Portland Plant.  HYSPLIT is a complete system for computing both simple air parcel trajectories and complex dispersion and deposition simulations.  The model calculation method is a hybrid between the Lagrangian approach, which uses a moving frame of reference as the air parcels move from their initial location, and the Eulerian approach, which uses a fixed three-dimensional grid as a frame of reference.  In the model, advection and diffusion calculations are made in a Lagrangian framework following the transport of the air parcel, while pollutant concentrations are calculated on a fixed grid.

In this case, NJDEP used the Lagrangian features of the model to determine the direction and speed of the air.  When NJDEP applied the HYSPLIT model, it used a meteorological data set with a grid size of 12 kilometers, which is the finest resolution data set available for use with the model.   The HYSPLIT model's grid size is less than the distance between the Portland Plant and the Chester monitor, so the model is using a data set that is more likely to be an appropriate tool for this analysis.   EPA agrees that using the HYSPLIT model as NJDEP applied it provides useful information on the direction and speed of air parcels in the atmosphere.

C.  NJDEP's Review of Monitoring Data and Nearby Emission Sources       NJDEP reviewed air monitoring data for days when high concentrations occurred at its Chester, NJ monitor located 34 kilometers east-southeast of the Portland Power Plant.  The monitoring data from the Chester, NJ monitor have been fully quality controlled, validated and certified by NJDEP, as required by EPA.  The data are available in EPA's Air Quality System (AQS) database.       During the years 2008 and 2009, the highest 1-hour SO2 concentrations occurred in two episodes, July 17-18, 2008 and December 7, 2009.  During the July 2008 and the December 2009 episodes, the Portland reported that the Plant was operating at 85 and 55 percent of capacity, respectively.  NJDEP's review of emission inventories from its emissions database and Pennsylvania's PADEP eFACTS database show that yearly emissions from Portland are 1000 times greater than any other sources between the Chester monitor and the Portland Plant.  In the area around surrounding the Portland Plant, the Portland Plant's yearly emissions are 1000 times greater than any other source in the area, except for the Martins Creek Power Plant.  Hourly continuous emissions monitoring systems (CEMS) data from EPA's Clean Air Markets database (see http://www.epa.gov/airmarkets/) show that the Martins Creek Power Plant was operating at very low levels during these two episodes, with actual emissions recorded well under the level of emissions measured at the Portland Plant.         D.  Episode I:  July 17-18, 2008

The 1-hour SO2 concentrations measured during Episode I were the highest three hourly concentrations recorded at the Chester monitor during 2008-2009.  Data in EPA's Air Quality System show that during three consecutive hours beginning at 10 pm local time on the 17[th], hourly SO2 concentrations ranged from 85 parts per billion (ppb)  to 53 ppb.  The first two hours of the episode exceeded the 75 ppb 1-hour SO2 NAAQS.  NJDEP included plots of these data showing a rapid rise at the beginning of the episode and drop off at the end of the episode of SO2 values; values were at or near zero ppb except during the air quality episode.

NJDEP used the HYSPLIT model to calculate forward trajectories from the Portland Plant at a height representative of the plume emitted from its stacks (i.e., 100 meter plume rise added to the 121 meter stack height), and backward trajectories at a height representative of the Chester monitor (i.e., 10 meters above ground) during the time periods associated with high SO2 concentrations at the Chester monitor on July 17, 2008.  New Jersey submitted forward and back trajectories for a 6 hour period (to allow for the transport of the plume from the stack to the Chester monitor) based on wind speeds of 4.5 meters per second (m/s) at 221 m above ground level (near plume height) to 2.7 m/s at 10 m above ground level (near the monitor's height) during the episode.

E.  Episode II:  December 7, 2009     The 1-hour SO2 concentrations measured during Episode II included four of the twelve highest hourly concentrations in the Air Quality System for the Chester monitor during 2008-2009.  During four consecutive hours beginning at 1am local time on the 7[th], hourly SO2 concentrations ranged from 28 to 33 ppb.  Hourly SO2 during this episode rose and fell more gradually; concentrations were less than 10 ppb on either side of the seven-hour episode.

NJDEP used the HYSPLIT model to calculate forward trajectories from the Portland Plant at a height representative of the plume emitted from its stacks (i.e. 100 meter plume rise added to the 121 meter stack height), and backward trajectories at a height representative of the Chester monitor (i.e. 10 meters above ground) during the time periods associated with high SO2 concentrations at the Chester monitor on December 7, 2009.   NJDEP submitted forward and back trajectories for a 3 hour period (to allow for the transport of the plume from the stack to the Chester monitor) based on wind speeds of 11.2 m/s at 221 m above ground level (near plume height) to 3 m/s at 10 m above ground level (near the monitor's height) during the episode.

F.  Possible Sources Affecting the Readings Observed at Chester

At the time of these two episodes, emissions from the Portland Plant were vastly greater than other sources between Chester and the Portland Plant or around the Portland Plant.  The only other facility in the vicinity showing potentially significant amounts of SO2 is the Martins Creek Power Plant, however, it was operating at levels well less than the Portland Plant, during the two episodes.

The following tables show the hourly emissions from Portland Units 1 and 2, and from Martins Creek Units 3 and 4 during the two air quality episodes.

Table 1 Hourly Sulfur Dioxide Emissions on July 17, 2008

Hour (EDT) Portland Unit 1 (lbs/hr) Portland Unit 2 (lbs/hr) Martins Creek Units 3 & 4  (lbs/hr) 15 5,024 7,574 35 16 5,041 7,536 42 17 5,051 7,436 33 18 5,013 7,569 21 19 5,003 7,556 16 20 4,969 7,580 16 21 4,913 7,532 9 22 4,986 7,548 0 23 4,475 6,792 0

Table 2 Hourly Sulfur Dioxide Emissions on December 6 and 7, 2009

Hour (EDT) Portland Unit 1 (lbs/hr) Portland Unit 2 (lbs/hr) Martins Creek Units 3 & 4 (lbs/hr) Dec 6-18 3,503 5,326 0 19 3,554 5,818 0 20 3,493 5,819 0 21 3,352 5,611 0 22 2,830 4,612 0 23 2,856 4,535 0 Dec 7-00 3,192 4,617 0 01 3,305 4,653 0 02 3,423 4,532 0

The forward trajectories provided by NJDEP show that the SO2 emissions from the Portland Plant arrive in the vicinity of the Chester monitor during high concentrations at the monitor.  For example, winds from the Portland Plant at hour 15 (4 pm EDT) on July 17, 2008, end during the three-hour episode of high SO2 concentrations at the Chester monitor.  In addition, trajectories starting at hour 17 (5 pm EDT) on July 17, 2008 at Chester and going backward end up near the Portland Plant.  The trajectories submitted by NJDEP visibly show, that high concentrations at Chester were associated with a source in the vicinity of the Portland Plant.   Since the Portland Plant is the only large emission sources in its vicinity, it is likely that emissions from the Portland Plant caused the high concentrations during these episodes.

G.   EPA analysis       NJDEP's method of using HYSPLIT trajectory analyses during the two episodes of high concentrations of SO2 at the Chester NJ air monitoring station uses acceptable methods that support the conclusion that SO2 that was recorded at the Chester monitor was mainly due to emissions from the Portland Plant.  The trajectories, run forward and backwards, show air coming from the vicinity of the Portland Plant to the area near the Chester monitor.  The Martins Creek Power Plant is the only facility in the area that has potential SO2 emissions on the order of the potential emissions of the Portland Plant.  However, during these episodes, emissions from the Martins Creek Power Plant are less than one percent of the emissions of the Portland Plant.  Thus, it is unlikely that any facility other than the Portland Plant caused these high concentrations.               NJDEP's analysis of monitoring data and wind trajectories provides supporting evidence that the Portland Plant has a noticeable influence over a wide area around the facility.  For reasons explained in the preamble to the proposed rule, EPA continues to rely primarily on modeling to determine whether downwind areas constitute nonattainment or maintenance receptors for purpose of analyzing a section 126 petition with respect to the 1-hour SO2 NAAQS.  Nonetheless, elevated concentrations, of SO2 appear to come from the Portland Plant,  observed at a monitor distant from the area of Portland Plant's peak impact.  This finding underscores the need for EPA to approve the petition and to establish limits and a compliance schedule to address these elevated concentrations of SO2 and  is consistent with EPA's finding that the Portland Plant contributes significantly to and interferes with maintenance of the 1-hour SO2 NAAQS in New Jersey.