include in such records an explanation to support that such conditions
represent normal operation. Section 63.7(e) requires that the owner or
operator make available upon request by the Administrator such records
``as may be necessary to determine the condition of the performance
test,'' but does not specifically require the information to be
recorded. The regulatory text the EPA is proposing to add to this
provision builds on that requirement and makes explicit the requirement
to record the information.
6. Monitoring
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.8(c)(1)(i) and (c)(1)(iii) by changing the ``yes''
in column 3 to a ``no.'' The cross-references to the general duty and
SSM plan requirements in those subparagraphs are not necessary in light
of the removal of the SSM exemption and other requirements of 40 CFR
63.8 that require good air pollution control practices (40 CFR
63.8(c)(1)) and that set out the requirements of a quality control
program for monitoring equipment (40 CFR 63.8(d)).
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.8(d)(3) by changing the ``yes'' in column 3 to a
``no.'' The final sentence in 40 CFR 63.8(d)(3) refers to the General
Provisions' SSM plan requirement which is no longer applicable. The EPA
is proposing to add to the rule at 40 CFR 63.9005(d)(5) text that is
identical to 40 CFR 63.8(d)(3) except that the final sentence is
replaced with the following sentence: ``The program of corrective
action should be included in the plan required under Sec.
63.8(d)(2).''
7. 40 CFR 63.9055 Recordkeeping
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(b)(2)(i) by changing the ``yes'' in column 3 to
a ``no.'' Section 63.10(b)(2)(i) describes the recordkeeping
requirements during startup and shutdown. These recording provisions
are no longer necessary because the EPA is proposing that recordkeeping
and reporting applicable to normal operations will apply during startup
and shutdown. In the absence of special provisions applicable to
startup and shutdown, such as a startup and shutdown plan, there is no
reason to

retain recordkeeping for startup and shutdown periods separate from the
requirement that applies during normal operation.
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(b)(2)(ii) by changing the ``yes'' in column 3 to
a ``no.'' Section 63.10(b)(2)(ii) describes the recordkeeping
requirements during a malfunction. The EPA is proposing to add such
requirements to 40 CFR 63.9055. The regulatory text we are proposing to
add differs from the General Provisions it is replacing; the General
Provisions require the creation and retention of a record of the
occurrence and duration of each malfunction of process, air pollution
control, and monitoring equipment. The EPA is proposing that this
requirement apply to any failure to meet an applicable standard and is
requiring that the source record the date, time, and duration of the
failure rather than the ``occurrence.'' The EPA is also proposing to
add to 40 CFR 63.9055 a requirement that sources keep records that
include a list of the affected source or equipment and actions taken to
minimize emissions, an estimate of the quantity of each regulated
pollutant emitted over the standard for which the source failed to meet
the standard, and a description of the method used to estimate the
emissions. Examples of such methods would include product-loss
calculations, mass balance calculations, measurements when available,
or engineering judgment based on known process parameters. The EPA is
proposing to require that sources keep records of this information to
ensure that there is adequate information to allow the EPA to determine
the severity of any failure to meet a standard, and to provide data
that may document how the source met the general duty to minimize
emissions when the source has failed to meet an applicable standard.
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(b)(2)(iv) by changing the ``yes'' in column 3 to
a ``no.'' When applicable, the provision requires sources to record
actions taken during SSM events when those actions were inconsistent
with their SSM plan. The requirement is no longer appropriate if the
EPA finalizes its proposal that SSM plans will no longer be required.
The requirement previously applicable under 40 CFR 63.10(b)(2)(iv)(B)
to record actions to minimize emissions and record corrective actions
is now applicable in 40 CFR 63.9055.
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(b)(2)(v) by changing the ``yes'' in column 3 to
a ``no.'' When applicable, the provision requires sources to record
actions taken during SSM events to show that actions taken were
consistent with their SSM plan. The requirement is no longer
appropriate because SSM plans will no longer be required.
8. 40 CFR 63.9050 Reporting
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(d)(5) by changing the ``yes'' in column 3 to a
``no.'' Section 63.10(d)(5) describes the reporting requirements for
startups, shutdowns, and malfunctions. To replace the General
Provisions reporting requirement, the EPA is proposing to add reporting
requirements to 40 CFR 63.9050(c)(5). The replacement language differs
from the General Provisions requirement in that it eliminates periodic
SSM reports as a stand-alone report. We are proposing language that
requires sources that fail to meet an applicable standard at any time
to report the information concerning such events in the semi-annual
compliance report already required in 40 CFR 63.9050. We are proposing
that the report must contain the number, date, time, duration, and the
cause of such events (including unknown cause, if applicable), a list
of the affected source or equipment, an estimate of the quantity of
each regulated pollutant emitted over any emission limit, and a
description of the method used to estimate the emissions.
    Examples of such methods would include product-loss calculations,
mass balance calculations, measurements when available, or engineering
judgment based on known process parameters. The EPA is proposing this
requirement to ensure that there is adequate information to determine
compliance, to allow the EPA to determine the severity of the failure
to meet an applicable standard, and to provide data that may document
how the source met the general duty to minimize emissions during a
failure to meet an applicable standard.
    The proposed amendments eliminate the cross reference to 40 CFR
63.10(d)(5)(i) that contains the description of the previously required
SSM report format and submittal schedule. These specifications are no
longer necessary because the events will be reported in otherwise
required reports with similar format and submittal requirements.
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(d)(5)(ii) by changing the ``yes'' in column 3 to
a ``no.'' Section 63.10(d)(5)(ii) describes an immediate report for
startups, shutdown, and malfunctions when a source failed to meet an
applicable standard, but did not follow the SSM plan. We will no longer
require owners and operators to report when actions taken during a
startup, shutdown, or malfunction were not consistent with an SSM plan,
because plans would no longer be required.
    We are proposing to revise the General Provisions table (Table 7)
entry for 40 CFR 63.10(c)(15) by changing the ``yes'' in column 3 to a
``no.'' The EPA is proposing that 40 CFR 63.10(c)(15) no longer apply.
When applicable, the provision allows an owner or operator to use the
affected source's SSM plan or records kept to satisfy the recordkeeping
requirements of the SSM plan, specified in 40 CFR 63.6(e), to also
satisfy the requirements of 40 CFR 63.10(c)(10) through (12). The EPA
is proposing to eliminate this requirement because SSM plans would no
longer be required, and, therefore, 40 CFR 63.10(c)(15) would no longer
be available to satisfy the requirements of 40 CFR 63.10(c)(10) through
(12).
9. Electronic Reporting
    Through this proposal, the EPA is proposing that owners and
operators of HCl production facilities submit electronic copies of
required performance test reports, performance evaluations,
notifications of compliance status, site-specific monitoring plans, and
semiannual compliance reports through the EPA's Central Data Exchange
(CDX) using the Compliance and Emissions Data Reporting Interface
(CEDRI). A description of the electronic data submission process is
provided in the memorandum, Electronic Reporting Requirements for New
Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID No.
EPA-HQ-OAR-2018-0417. The proposed rule requires that performance test
results collected using test methods that are supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the ERT website \19\ at
the time of the test be submitted in the format generated through the
use of the ERT and that other performance test results be submitted in
portable document format (PDF) using the attachment module of the ERT.
Similarly, we are proposing that performance evaluation results of
continuous monitoring systems and other performance evaluation results
be

submitted in PDF using the attachment module of the ERT.
---------------------------------------------------------------------------

    \19\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For performance test reports, performance evaluations, and
semiannual compliance reports, the proposed rule requires that owners
and operators submit information to CEDRI using the appropriate
spreadsheet template. A draft version of the proposed templates for
these reports is included in the docket for this rulemaking.\20\ The
EPA specifically requests comment on the content, layout, and overall
design of the templates.
---------------------------------------------------------------------------

    \20\ See Electronic Reporting Templates for Hydrochloric Acid
Production, Subpart NNNNN, available at Docket ID No. EPA-HQ-OAR-
2018-0417.
---------------------------------------------------------------------------

    Additionally, the EPA has identified two broad circumstances in
which electronic reporting extensions may be provided. In both
circumstances, the decision to accept the claim of needing additional
time to report is within the discretion of the Administrator, and
reporting should occur as soon as possible. The EPA is providing these
potential extensions to protect owners and operators from noncompliance
in cases where they cannot successfully submit a report by the
reporting deadline for reasons outside of their control. First, the
situation where an extension may be warranted due to outages of the
EPA's CDX or CEDRI, which precludes an owner or operator from accessing
the system and submitting required reports, is addressed in 40 CFR
63.9050(m). Second, the situation where an extension may be warranted
due to a force majeure event, which is defined as an event that will be
or has been caused by circumstances beyond the control of the affected
facility, its contractors, or any entity controlled by the affected
facility that prevents an owner or operator from complying with the
requirement to submit a report electronically as required by this rule,
is addressed in 40 CFR 63.9050(n). Examples of such events are acts of
nature, acts of war or terrorism, or equipment failure or safety
hazards beyond the control of the facility.
    The electronic submittal of the reports addressed in this proposed
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability and
transparency, will further assist in the protection of public health
and the environment, will improve compliance by facilitating the
ability of regulated facilities to demonstrate compliance with
requirements and by facilitating the ability of delegated state, local,
tribal, and territorial air agencies and the EPA to assess and
determine compliance, and will ultimately reduce burden on regulated
facilities, delegated air agencies, and the EPA. Electronic reporting
also eliminates paper-based, manual processes, thereby saving time and
resources, simplifying data entry, eliminating redundancies, minimizing
data reporting errors, and providing data quickly and accurately to the
affected facilities, air agencies, the EPA, and the public. Moreover,
electronic reporting is consistent with the EPA's plan \21\ to
implement Executive Order 13563 and is in keeping with the EPA's
agency-wide policy \22\ developed in response to the White House's
Digital Government Strategy.\23\ For more information on the benefits
of electronic reporting, see the memorandum, Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,
available in Docket ID No. EPA-HQ-OAR-2018-0417.
---------------------------------------------------------------------------

    \21\ EPA's Final Plan for Periodic Retrospective Reviews, August
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \22\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \23\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

E. What compliance dates are we proposing?

    The EPA is proposing that existing affected sources and affected
sources that commenced construction or reconstruction on or before
February 4, 2019 must comply with all of the amendments no later than
180 days after the effective date of the final rule. The final action
is not expected to be a ``major rule'' as defined by 5 U.S.C. 804(2),
so the effective date of the final rule will be the promulgation date
as specified in CAA section 112(d)(10). For existing sources, we are
proposing a change that would impact ongoing compliance requirements
for 40 CFR part 63, subpart NNNNN. As discussed elsewhere in this
preamble, we are proposing to change the requirements for SSM by
removing the exemption from the requirements to meet the standard
during SSM periods and by removing the requirement to develop and
implement an SSM plan. Our experience with similar industries shows
that this sort of regulated facility generally requires a time period
of 180 days to read and understand the amended rule requirements; to
evaluate their operations to ensure that they can meet the standards
during periods of startup and shutdown as defined in the rule and make
any necessary adjustments; and to update their operations to reflect
the revised requirements. From our assessment of the timeframe needed
for compliance with the revised requirements, the EPA considers a
period of 180 days to be the most expeditious compliance period
practicable, and, thus, is proposing that existing affected sources be
in compliance with this regulation's revised requirements within 180
days of the regulation's effective date. We solicit comment on this
proposed compliance period, and we specifically request submission of
information from sources in this source category regarding specific
actions that would need to be undertaken to comply with the proposed
amended requirements, including the proposed amendments related to
recordkeeping and reporting and the time needed to make the adjustments
for compliance with them. We note that information provided may result
in changes to the proposed compliance date. Affected sources that
commence construction or reconstruction after February 4, 2019 must
comply with all requirements of the subpart, including the amendments
being proposed, no later than the effective date of the final rule or
upon startup, whichever is later. All affected facilities would have to
continue to meet the current requirements of 40 CFR part 63, subpart
NNNNN, until the applicable compliance date of the amended rule.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    We anticipate that 19 HCl production facilities currently operating
in the United States will be affected by these proposed amendments. The
basis for our estimate of affected facilities are provided in the
memorandum, Industry Characterization for the Hydrochloric Acid
Production NESHAP Residual Risk and Technology Review, which is
available in the docket for this action. We are not currently aware of
any planned or potential new or reconstructed HCl production
facilities.

B. What are the air quality impacts?

    We do not anticipate that the proposed amendments to this subpart
will impact air quality. We are not proposing changes to the standard
that

will result in additional emission reductions beyond the levels already
achieved by the NESHAP.

C. What are the cost impacts?

    The cost impacts from these proposed amendments are savings in
costs to affected production facilities. One way to present cost
estimates is in present value (PV terms). The PV for these proposed
amendments is equal to a savings of $84,514 at a discount rate of 3
percent and a savings of $62,136 at a discount rate of 7 percent,
discounted to 2016. The equivalent annualized value, which is an
annualized value consistent with the PV estimates, is equal to $22,736
at a discount rate of 3 percent and $18,344 at a discount rate of 7
percent (2016 dollars). These calculations are documented in the
Economic Impact Analysis for the Proposed HCl Production RTR, which is
available in the docket for this rulemaking.

D. What are the economic impacts?

    With cost savings occurring for affected facilities, we do not
anticipate the proposed amendments to yield adverse economic impacts,
including negative impacts on employment.

E. What are the benefits?

    As discussed above, we do not anticipate the proposed amendments to
this subpart to impact air quality. The electronic submittal of the
reports addressed in this proposed rulemaking will increase the
usefulness of the data contained in those reports, is in keeping with
current trends in data availability and transparency, will further
assist in the protection of public health and the environment, will
improve compliance by facilitating the ability of regulated facilities
to demonstrate compliance with requirements and by facilitating the
ability of delegated state, local, tribal, and territorial air agencies
and the EPA to assess and determine compliance, and will ultimately
reduce burden on regulated facilities, delegated air agencies, and the
EPA. Electronic reporting also eliminates paper-based, manual
processes, thereby saving time and resources, simplifying data entry,
eliminating redundancies, minimizing data reporting errors, and
providing data quickly and accurately to the affected facilities, air
agencies, the EPA, and the public.

VI. Request for Comments

    We solicit comments on all aspects of this proposed action. In
addition to general comments on this proposed action, we are also
interested in additional data that may improve the risk assessments and
other analyses. We are specifically interested in receiving any
improvements to the data used in the site-specific emissions profiles
used for risk modeling. Such data should include supporting
documentation in sufficient detail to allow characterization of the
quality and representativeness of the data or information. Section VII
of this preamble provides more information on submitting data.
    Prior to publication of this proposal, Dow Chemical submitted
several suggestions for changes to the HCl Production NESHAP. Most of
these changes relate to monitoring, recordkeeping, and reporting
requirements. The correspondence from Dow,\24\ including their
suggested regulatory language, are available in the docket for this
action. We are specifically seeking comment on one issue raised by Dow
in their May 30, 2018, correspondence, which is available in the docket
for this action. Dow states that a definition for ``maintenance vents''
should be added to the rule if the exemptions for periods of SSM are
removed.\25\ Dow claims that regular maintenance activities require
opening equipment after the equipment is cleaned and purged, presumably
during periods that the equipment is being shut down which would
previously be exempt from the emissions limits, and that these
activities that only emit to the atmosphere during periods of
maintenance or inspection would become subject to the requirements of
the NESHAP if the exemption is removed. Dow recommends that certain
emission points that exist due solely to maintenance and inspection of
equipment be defined as maintenance vents and that EPA set work
practice standards that require thoroughly purging and degassing the
equipment to a control device prior to opening it to the atmosphere.
They submitted recommended regulatory text for the definition of
``maintenance vent'' and corresponding work practices. We are seeking
comment on:
---------------------------------------------------------------------------

    \24\ Emails from Russell Wozniak to Nathan Topham, dated May 30,
2018, and September 24, 2018. Available in the docket for this
action, Docket ID No. EPA-HQ-OAR-2018-0417.
    \25\ In section IV.D, above, the EPA has proposed to remove the
SSM exemptions in the HCl Production NESHAP.
---------------------------------------------------------------------------

     The necessity of this change for the HCl Production NESHAP
in light of our proposed removal of the SSM exemptions;
     The estimated frequency of these maintenance activities;
     The cost associated with making (or not making) this
change;
     The emissions impact of making (or not making) this
change;
     Whether the regulatory language recommended by Dow
reflects the best performers across the industry; and
     Whether it is feasible to set a numerical emission limit
rather than a work practice standard, as Dow suggests.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html. The data files include detailed information for each HAP
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2018-0417 (through the method described in the
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are
provided on the RTR website at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html.

VIII. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action and was,
therefore, not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 2032.09. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here.
    We are proposing changes to the recordkeeping and reporting
requirements associated with 40 CFR part 63, subpart NNNNN, in the form
of eliminating the SSM plan and reporting requirements and adding
electronic reporting.
    Respondents/affected entities: The respondents to the recordkeeping
and reporting requirements are owners or operators of facilities that
produce HCl subject to 40 CFR part 63, subpart NNNNN.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart NNNNN).
    Estimated number of respondents: Nineteen (19) facilities.
    Frequency of response: Initially and semiannually.
    Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the NESHAP, averaged over the 3 years of this ICR, is estimated to
be 22,000 hours (per year). These proposed amendments reflect 314 hours
(per year) in reduced burden to comply with the rule due to the removal
of SSM recordkeeping/reporting requirements and the addition of
electronic reporting. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
NESHAP, averaged over the 3 years of this ICR, is estimated to be
$2,200,000 (rounded, per year), including $754,000 annualized capital
or operation and maintenance costs. This results in a decrease of
$17,000 (rounded, per year) to comply with the proposed amendments to
the rule.
    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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this rule. You may also send your ICR-related
comments to OMB's Office of Information and Regulatory Affairs via
email to<EMAIL_ADDRESS>Attention: Desk Officer for the
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than March 6, 2019. The EPA will respond to any ICR-related
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. There are no
small entities among the 14 ultimate parent companies impacted by this
proposed action given the Small Business Administration small business
size definition for this industry (1,000 employees or greater for NAICS
325180), and no significant economic impact on any of these entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

F. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in
Executive Order 13175. No tribal facilities are known to be engaged in
HCl production processes that would be affected by this action. Thus,
Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections III.A and IV.A and B of this preamble.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

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

J. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. Therefore, the EPA
conducted a search to identify potentially applicable voluntary
consensus standards. However, the Agency identified no such standards.
A thorough summary of the search conducted and results are included in
the memorandum titled Voluntary Consensus Standard Results for
Hydrochloric Acid Production Residual Risk and Technology Review, which
is available in the docket for this action.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in section IV.A.6 of this
preamble and the technical report, Hydrochloric Acid Production

Demographic Analysis, which is available in the docket for this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: December 20, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons stated in the preamble, the EPA proposes to amend
title 40, chapter I, part 63 of the Code of Federal Regulations as
follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart NNNNN--National Emission Standards for Hazardous Air
Pollutants for Hydrochloric Acid Production

0
2. Section 63.8985 is amended by revising paragraph (f) to read as
follows:

Sec.  63.8985  Am I subject to this subpart?

* * * * *
    (f) An HCl production facility is not subject to this subpart if
all of the gaseous streams containing HCl and chlorine (Cl2)
from HCl process vents, HCl storage tanks, and HCl transfer operations
are recycled or routed to another process for process purpose, prior to
being discharged to the atmosphere.
0
3. Section 63.9005 is amended by revising paragraphs (a)-(c) and
(d)(4)-(6) to read as follows:

Sec.  63.9005  What are my general requirements for complying with this
subpart?

    (a) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, you must be in
compliance with the emission limitations and work practice standards in
this subpart at all times, except during periods of startup, shutdown,
and malfunction. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], for each such source you must be in
compliance with the emission limitations in this subpart at all times.
For new and reconstructed sources for which construction or
reconstruction commenced after February 4, 2019, you must be in
compliance with the emissions limitations in this subpart at all times.
    (b) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, you must always
operate and maintain your affected source, including air pollution
control and monitoring equipment, according to the provisions in Sec.
63.6(e)(1)(i). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] for each such source, and after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and
reconstructed sources for which construction or reconstruction
commenced after February 4, 2019, at all times you must operate and
maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. The general duty to minimize emissions does not require you
to make any further efforts to reduce emissions if levels required by
the applicable standard have been achieved. Determination of whether a
source is operating in compliance with operation and maintenance
requirements will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.
    (c) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, you must develop a
written startup, shutdown, and malfunction plan according to the
provisions in Sec.  63.6(e)(3). For each such source, a startup,
shutdown, and malfunction plan is not required after [DATE 180 DAYS
AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]. No startup,
shutdown, and malfunction plan is required for any new or reconstructed
source for which construction or reconstruction commenced after
February 4, 2019.
    (d) * * *
    (4) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, ongoing operation
and maintenance (O&M) procedures in accordance with the general
requirements of Sec. Sec.  63.8(c)(1), (3), (4)(ii), (7), and (8), and
63.9025. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed
sources for which construction or reconstruction commenced after
February 4, 2019, ongoing operation and maintenance (O&M) procedures in
accordance with the general requirements of Sec. Sec.  63.8(c)(1)(ii),
(3), (4)(ii), (7), and (8), and 63.9025.
    (5) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, ongoing data quality
assurance procedures in accordance with the general requirements of
Sec.  63.8(d). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] for each such source, and after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and
reconstructed sources for which construction or reconstruction
commenced after [February 4, 2019, ongoing data quality assurance
procedures in accordance with the general requirements of Sec.  63.8(d)
except for the requirements related to startup, shutdown, and
malfunction plans referenced in Sec.  63.8(d)(3). The owner or operator
shall keep these written procedures on record for the life of the
affected source or until the affected source is no longer subject to
the provisions of this part, to be made available for inspection, upon
request, by the Administrator. If the performance evaluation plan is
revised, the owner or operator shall keep previous (i.e., superseded)
versions of the performance evaluation plan on record to be made
available for inspection, upon request, by the Administrator, for a
period of 5 years after each revision to the plan. The program of
corrective action should be included in the plan required under Sec.
63.8(d)(2).

    (6) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, ongoing
recordkeeping and reporting procedures in accordance with the general
requirements of Sec.  63.10(c) and (e)(1) and (2)(i). After [DATE 180
DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each
such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER] for new and reconstructed sources for which
construction or reconstruction commenced after February 4, 2019,
ongoing recordkeeping and reporting procedures in accordance with the
general requirements of Sec.  63.10(c)(1) through (c)(14), and (e)(1)
and (2)(i).
0
4. Section 63.9020 is amended by revising paragraphs (a)(2) and (a)(3)
to read as follows:

Sec.  63.9020  What performance tests and other procedures must I use?

    (a) * * *
    (2) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], for each existing source, and for each new or
reconstructed source for which construction or reconstruction commenced
after April 17, 2003, but before February 5, 2019, you must conduct
each performance test under representative conditions according to the
requirements in Sec.  63.7(e)(1) and under the specific conditions that
this subpart specifies in Table 3. After [DATE 180 DAYS AFTER
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such
source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER] for new and reconstructed sources for which construction or
reconstruction commenced after February 4, 2019, you must conduct each
performance test under conditions representative of normal operations.
The owner or operator must record the process information that is
necessary to document operating conditions during the test and include
in such record an explanation to support that such conditions represent
normal operation. Upon request, the owner or operator shall make
available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (3) You may not conduct performance tests during periods of
startup, shutdown, or malfunction.
* * * * *
0
5. Section 63.9025 is amended by revising paragraph (a)(3) to read as
follows:

Sec.  63.9025  What are my monitoring installation, operation, and
maintenance requirements?

    (a) * * *
    (3) For at least 75 percent of the operating hours in a 24-hour
period, you must have valid data (as defined in your site-specific
monitoring plan) for at least 4 equally spaced periods each hour.
* * * * *
0
6. Section 63.9030 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9030  How do I demonstrate initial compliance with the
emission limitations and work practice standards?

* * * * *
    (c) For existing sources and for new or reconstructed sources which
commenced construction or reconstruction after April 17, 2003, but
before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], You must submit the Notification
of Compliance Status containing the results of the initial compliance
demonstration according to the requirements in Sec.  63.9045(f)-(g).
After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER] for new or reconstructed sources which
commence construction or reconstruction after February 4, 2019, you
must submit the Notification of Compliance Status containing the
results of the initial compliance demonstration according to the
requirements in Sec.  63.9045(f)-(g) and Sec.  63.9050(d).
0
7. Section 63.9040 is amended by revising paragraph (e) to read as
follows:

Sec.  63.9040  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (e) For existing sources and for new or reconstructed sources which
commenced construction or reconstruction after April 17, 2003, but
before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], consistent with Sec. Sec.  63.6(e)
and 63.7(e)(1), deviations that occur during a period of startup,
shutdown, or malfunction are not violations if you demonstrate to the
Administrator's satisfaction that you were operating in accordance with
Sec.  63.6(e)(1). The Administrator will determine whether deviations
that occur during a period of startup, shutdown, or malfunction are
violations, according to the provisions in Sec.  63.6(e). After [DATE
180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for
such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER] for new and reconstructed sources which commence
construction or reconstruction after February 4, 2019, the exemptions
for periods of startup, shutdown, and malfunction in Sec.  63.6(e) no
longer apply.
0
8. Section 63.9045 is amended by revising paragraph (f) to read as
follows:

Sec.  63.9045  What notifications must I submit and when?

* * * * *
    (f) You must submit the Notification of Compliance Status,
including the performance test results, within 180 calendar days after
the applicable compliance dates specified in Sec.  63.8995.
* * * * *
0
9. Section 63.9050 is amended by revising paragraphs (a), (c)(4),
(c)(5), (d) introductory text, (f) introductory text and adding
paragraphs (g) through (n).

Sec.  63.9050  What reports must I submit and when?

    (a) You must submit a compliance report that includes the
information in Sec.  63.9050(c) through (e), as applicable, as
specified in Table 6 to this subpart.
* * * * *
    (c) * * *
    (4) For existing sources and for new or reconstructed sources for
which construction or reconstruction commenced after April 17, 2003,
but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], if you had a startup, shutdown, or
malfunction during the reporting period and you took actions consistent
with your startup, shutdown, and malfunction plan, the compliance
report must include the information in Sec.  63.10(d)(5)(i). A startup,
shutdown, and malfunction plan and the information in Sec.
63.10(d)(5)(i) is not required after [DATE 180 DAYS AFTER PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER].
    (5) For existing sources and for new or reconstructed sources which
commenced construction or reconstruction after April 17, 2003, but
before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF

FINAL RULE IN THE FEDERAL REGISTER], if there are no deviations from
any emission limitations that apply to you, a statement that there were
no deviations from the emission limitations during the reporting
period.
* * * * *
    (d) For each deviation from an emission limitation occurring at an
affected source where you are using a CMS to comply with the emission
limitation in this subpart, you must include the information in
paragraphs (c)(1) through (6) of this section and the following
information in paragraphs (d)(1) through (9) of this section and Sec.
63.10(e)(3)(vi). This includes periods of startup, shutdown, and
malfunction.
* * * * *
    (f) For existing sources and for new or reconstructed sources which
commenced construction or reconstruction after April 17, 2003, but
before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], for each startup, shutdown, or
malfunction during the reporting period that is not consistent with
your startup, shutdown, and malfunction plan you must submit an
immediate startup, shutdown and malfunction report. Unless the
Administrator has approved a different schedule for submission of
reports under Sec.  63.10(a), you must submit each report according to
paragraphs (f)(1) and (2) of this section. An immediate startup,
shutdown, and malfunction report is not required after [DATE 180 DAYS
AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
* * * * *
    (g) Within 60 days after the date of completing each performance
test required by this subpart, you must submit the results of the
performance test following the procedures specified in paragraphs
(g)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the Compliance and Emissions Data
Reporting Interface (CEDRI). CEDRI can be accessed through the EPA's
Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be
submitted in a file format generated through the use of the EPA's ERT.
Alternatively, you may submit an electronic file consistent with the
extensible markup language (XML) schema listed on the EPA's ERT
website.
    (2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
Submit the results of the performance test as an attachment in the ERT.
    (3) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (a)(1) is CBI, you must
submit a complete file, including information claimed to be CBI, to the
EPA. The file must be generated through the use of the EPA's ERT or an
alternate electronic file consistent with the XML schema listed on the
EPA's ERT website. Submit the file on a compact disc, flash drive or
other commonly used electronic storage medium and clearly mark the
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02,
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described in
paragraph (a)(1) of this section.
    (h) Within 60 days after the date of completing each continuous
monitoring system (CMS) performance evaluation (as defined in Sec.
63.2), you must submit the results of the performance evaluation
following the procedures specified in paragraphs (h)(1) through (3) of
this section.
    (1) Performance evaluations of CMS measuring relative accuracy test
audit (RATA) pollutants that are supported by the EPA's ERT as listed
on the EPA's ERT website at the time of the evaluation. Submit the
results of the performance evaluation to the EPA via CEDRI, which can
be accessed through the EPA's CDX. The data must be submitted in a file
format generated through the use of the EPA's ERT. Alternatively, you
may submit an electronic file consistent with the XML schema listed on
the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that
are not supported by the EPA's ERT as listed on the EPA's ERT website
at the time of the evaluation. Submit the results of the performance
evaluation as an attachment in the ERT.
    (3) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (a)(1) is CBI, you must
submit a complete file, including information claimed to be CBI, to the
EPA. The file must be generated through the use of the EPA's ERT or an
alternate electronic file consistent with the XML schema listed on the
EPA's ERT website. Submit the file on a compact disc, flash drive or
other commonly used electronic storage medium and clearly mark the
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02,
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described in
paragraph (a)(1) of this section.
    (i) You must submit to the Administrator compliance reports.
Beginning on [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], submit all subsequent reports following the
procedure specified in paragraph (l) of this section.
    (j) You must submit to the Administrator performance evaluations.
Beginning on [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], submit all subsequent reports following the
procedure specified in paragraph (l) of this section.
    (k) You must submit to the Administrator a Notification of
Compliance Status. Beginning on [DATE 181 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], submit all subsequent reports
following the procedure specified in paragraph (l) of this section.
    (l) If you are required to submit reports following the procedure
specified in this paragraph, you must submit reports to the EPA via
CEDRI. CEDRI can be accessed through the EPA's Central Data Exchange
(CDX) (https://cdx.epa.gov/). You must use the appropriate electronic
report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become
available will be listed on the CEDRI website. The report must be
submitted by the deadline specified in this subpart, regardless of the
method in which the report is submitted. If you claim some of the
information required to be submitted via CEDRI is confidential business
information (CBI), submit a complete report, including information
claimed to be CBI, to the EPA. The report must be generated using the
appropriate form on the CEDRI website. Submit the file on a compact
disc, flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement

Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
file with the CBI omitted must be submitted to the EPA via the EPA's
CDX as described earlier in this paragraph.
    (m) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (m)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning 5 business days prior to the date that the submission is due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or caused a delay
in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date, time and length of the outage;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (n) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with the reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (n)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning 5 business days prior to
the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or caused a delay
in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
0
10. Section 63.9055 is amended by revising paragraph (b)(1) and adding
paragraphs (c) and (d).

Sec.  63.9055  What records must I keep?

* * * * *
    (b) * * *
    (1) For existing sources and for new or reconstructed sources which
commenced construction or reconstruction after April 17, 2003, but
before February 5, 2019, before [DATE 180 DAYS AFTER PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], the records in Sec.
63.6(e)(3)(iii) through (v) related to startup, shutdown, and
malfunction. for a period of five years. A startup, shutdown, and
malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER].
* * * * *
    (c) After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], you must keep records of each deviation specified in
paragraphs (c)(1) through (3) of this section.
    (1) For each deviation record the date, time and duration of each
deviation.
    (2) For each deviation, record and retain a list of the affected
sources or equipment, an estimate of the quantity of each regulated
pollutant emitted over any emission limit and a description of the
method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with
63.9005(b), and any corrective actions taken to return the affected
unit to its normal or usual manner of operation.
    (d) Any records required to be maintained by this part that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
0
11. Table 1 to subpart NNNNN of part 63 is amended by correcting a
typographical error in entry 2.

 Table 1 to Subpart NNNNN of Part 63--Emission Limits and Work Practice
                                Standards
                              * * * * * * *
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                  emission limit and work
                                                practice standard
------------------------------------------------------------------------

                              * * * * * * *
2. Emission stream from an HCl storage   Reduce HCl emissions by 99
 tank at an existing source.              percent or greater or achieve
                                          an outlet concentration of 120
                                          ppm by volume or less.

                              * * * * * * *
------------------------------------------------------------------------

0
12. Revise table 6 of subpart NNNNN of part 63 to read as follows:

Table 6 to Subpart NNNNN of Part 63--Requirements for Reports

    As stated in Sec.  63.9050(a), you must submit a compliance report
that includes the information in Sec.  63.9050(c) through (e) as well
as the information in the following table. For existing sources and for
new or reconstructed sources which commenced construction or
reconstruction after April 17, 2003, but before February 5, 2019,
before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], you must also submit startup, shutdown, and malfunction
(SSM) reports according to the requirements in Sec.  63.9050(f) and the
following. A startup, shutdown, and malfunction plan is not required
after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER].

------------------------------------------------------------------------
                                          Then you must submit a report
                If . . .                        or statement that:
------------------------------------------------------------------------
1. There are no deviations from any      There were no deviations from
 emission limitations that apply to you.  any emission limitations that
                                          apply to you during the
                                          reporting period. Include this
                                          statement in the compliance
                                          report.
2. There were no periods during which    There were no periods during
 the operating parameter monitoring       which the CMS were out-of-
 systems were out-of-control in           control during the reporting
 accordance with the monitoring plan.     period. Include this statement
                                          in the compliance report.
3. There was a deviation from any        Contains the information in
 emission limitation during the           Sec.   63.9050(d). Include
 reporting period.                        this statement in the
                                          compliance report.
4. There were periods during which the   Contains the information in
 operating parameter monitoring systems   Sec.   63.9050(d). Include
 were out-of-control in accordance with   this statement in the
 the monitoring plan.                     compliance report.
5. There was a SSM during the reporting  For existing sources and for
 period that is not consistent with       new or reconstructed sources
 your SSM plan.                           which commenced construction
                                          or reconstruction after April
                                          17, 2003, but before February
                                          5, 2019, before [DATE 181 DAYS
                                          AFTER PUBLICATION OF FINAL
                                          RULE IN THE FEDERAL REGISTER],
                                          contains the information in
                                          Sec.   63.9050(f). Include
                                          this statement in the
                                          compliance report. A startup,
                                          shutdown, and malfunction plan
                                          is not required after [DATE
                                          180 DAYS AFTER PUBLICATION OF
                                          FINAL RULE IN THE FEDERAL
                                          REGISTER].
6. There were periods when the           Contains the information in
 procedures in the LDAR plan were not     Sec.   63.9050(c)(7). Include
 followed.                                this statement in the
                                          compliance report.
------------------------------------------------------------------------

0
13. Table 7 to subpart NNNNN of part 63 is amended by:
0
a. Removing the entry ``Sec.  63.6(e)(1)-(2)'';
0
b. Adding the entries ``Sec.  63.6(e)(1)(i)'', ``Sec.
63.6(e)(1)(ii)'', and ``Sec.  63.6(e)(1)(iii)-(e)(2)'' in numerical
order;
0
c. Revising the entry ``Sec.  63.6(e)(3)'';
0
d. Revising the entry ``Sec.  63.6(f)(1)'';
0
e. Revising the entry ``Sec.  63.7(e)(1)'';
0
f. Removing the entry ``Sec.  63.8(c)(1)-(3)'';
0
g. Adding the entries ``Sec.  63.8(c)(1)(i)'', ``Sec.
63.8(c)(1)(ii)'', ``Sec.  63.8(c)(1)(iii)'', and ``Sec.  63.8(c)(2)-
(3)'' in numerical order;
0
h. Removing the entry ``Sec.  63.8(d)-(e)'';
0
i. Adding the entries ``Sec.  63.8(d)(1)-(2)'', ``Sec.  63.8(d)(3)'',
and ``Sec.  63.8(e)'' in numerical order;
0
j. Removing the entry ``Sec.  63.10(b)(2)(i)-(xi)'';
0
k. Adding the entries ``Sec.  63.10(b)(2)(i)-(ii)'', ``Sec.
63.10(b)(2)(iii)'', ``Sec.  63.10(b)(2)(iv)'', ``Sec.
63.10(b)(2)(v)'', ``Sec.  63.10(b)(2)(vi)'', and ``Sec.
63.10(b)(2)(vii)-(xi)'' in numerical order;
0
l. Removing the entry ``Sec.  63.10(c)'';
0
m. Adding the entries ``Sec.  63.10(c)(1)-(14)'' and ``Sec.
63.10(c)(15'' in numerical order; and
0
n. Revising the entry ``Sec.  63.10(d)(5)'';
    The revisions and additions read as follows:

            Table 7 to Subpart NNNNN of Part 63--Applicability of General Provisions to Subpart NNNNN
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Citation                      Requirement        Applies to subpart NNNNN        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i)...............  General Duty to minimize  No, for new or            Subpart NNNNN requires
                                      emissions.                reconstructed sources     affected units to meet
                                                                which commenced           emissions standards at
                                                                construction or           all times. See Sec.
                                                                reconstruction after      63.9005(b) for general
                                                                February 4, 2019. Yes,    duty requirement.
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.6(e)(1)(ii)..............  Requirement to correct    No, for new or
                                      malfunctions ASAP.        reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.6(e)(1)(iii)-(e)(2)......  Operation and             Yes.....................
                                      maintenance
                                      requirements.

Sec.   63.6(e)(3)..................  SSM plans...............  No, for new or
                                                                reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.6(f)(1)..................  Compliance except during  No, for new or
                                      SSM.                      reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.

                                                  * * * * * * *
Sec.   63.7(e)(1)..................  Conditions for            No, for new or            See Sec.   63.9020(a)
                                      conducting performance    reconstructed sources     for performance
                                      tests.                    which commenced           testing requirements.
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.

                                                  * * * * * * *
Sec.   63.8(c)(1)(i)...............  General duty to minimize  No, for new or
                                      emissions and CMS         reconstructed sources
                                      operation.                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.8(c)(1)(ii)..............  Continuous monitoring     Yes.....................  Applies as modified by
                                      system O&M.                                         Sec.   63.9005(d).
Sec.   63.8(c)(1)(iii).............  Requirement to develop    No, for new or
                                      SSM Plan for CMS.         reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.8(c)(2)-(3)..............  Continuous monitoring     Yes.....................  Applies as modified by
                                      system O&M.                                         Sec.   63.9005(d).

                                                  * * * * * * *
Sec.   63.8(d)(1)-(2)..............  Quality control program   Yes.....................  Applies as modified by
                                      and CMS performance                                 Sec.   63.9005(d).
                                      evaluation.
Sec.   63.8(d)(3)..................  Written procedures for    No, for new or            See Sec.
                                      CMS.                      reconstructed sources     63.9005(d)(5) for
                                                                which commenced           written procedures for
                                                                construction or           CMS.
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.8(e).....................  Performance evaluation    Yes.....................  Applies as modified by
                                      of CMS.                                             Sec.   63.9005(d).

                                                  * * * * * * *
Sec.   63.10(b)(2)(i)-(ii).........  Records related to SSM    No, for new or            See 63.9055 for
                                      periods.                  reconstructed sources     recordkeeping of (1)
                                                                which commenced           date, time and
                                                                construction or           duration; (2) listing
                                                                reconstruction after      of affected source or
                                                                February 4, 2019. Yes,    equipment, and an
                                                                for all other affected    estimate of the
                                                                sources before [DATE      quantity of each
                                                                181 DAYS AFTER            regulated pollutant
                                                                PUBLICATION OF FINAL      emitted over the
                                                                RULE IN THE FEDERAL       standard; and (3)
                                                                REGISTER], and No         actions to minimize
                                                                thereafter.               emissions and correct
                                                                                the failure.
Sec.   63.10(b)(2)(iii)............  Maintenance Records.....  Yes.....................

Sec.   63.10(b)(2)(iv).............  Actions taken to          No, for new or
                                      minimize emissions        reconstructed sources
                                      during SSM.               which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.10(b)(2)(v)..............  Actions taken to          No, for new or
                                      minimize emissions        reconstructed sources
                                      during SSM.               which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.
Sec.   63.10(b)(2)(vi).............  Recordkeeping for CMS     Yes.....................
                                      malfunctions.
Sec.   63.10(b)(2)(vii)-(xi).......  Records for performance   Yes.....................
                                      tests and CMS.

                                                  * * * * * * *
Sec.   63.10(c)(1)-(14)............  Additional recordkeeping  Yes.....................  Applies as modified by
                                      requirements for                                    Sec.   63.9005 (d).
                                      sources with CMS.
Sec.   63.10(c)(15)................  Use of SSM Plan.........  No, for new or
                                                                reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.

                                                  * * * * * * *
Sec.   63.10(d)(5).................  SSM reports.............  No, for new or            See Sec.
                                                                reconstructed sources     63.9050(c)(5) for
                                                                which commenced           malfunction reporting
                                                                construction or           requirements.
                                                                reconstruction after
                                                                February 4, 2019. Yes,
                                                                for all other affected
                                                                sources before [DATE
                                                                181 DAYS AFTER
                                                                PUBLICATION OF FINAL
                                                                RULE IN THE FEDERAL
                                                                REGISTER], and No
                                                                thereafter.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-28322 Filed 2-1-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58122-58124]
[FR Doc No: 2012-23032]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-496-000]

Colorado Interstate Gas Company, L.L.C.; Notice of Intent To
Prepare an Environmental Assessment for the Proposed High Plains 2013
Expansion Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the High Plains 2013 Expansion
Project involving construction and operation of facilities by Colorado
Interstate Gas Company, L.L.C. (CIG) in Weld County, Colorado. The
Commission will use this EA in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on October 11, 2012.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    CIG provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?''. This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    CIG proposes to construct and operate the High Plains 2013
Expansion Project in response to demand for additional takeaway
capacity from the Denver-Julesburg (DJ) Basin to the Cheyenne Hub
located in Weld County, Colorado. The High Plains 2013 Expansion
Project would provide initially about 225,000 dekatherms per day (Dth
per day) and over time, may become capable of transporting up to
600,000 dekatherms per day of natural gas from a new natural gas
processing plant to an interconnect with CIG's exising High Plains
System.
    The High Plains 2013 Expansion Project would consist of the
following facilities:
     An approximate 7.75 mile 24-inch-diameter lateral pipeline
(Lancaster Lateral) connecting natural gas production and processing
facilities in the DJ Basin to a connection with its existing High
Plains System in Weld County, Colorado;
     An overpressure protection facility and pigging facilities
at the interconnection of the proposed Lancaster Lateral and CIG's High
Plains System;
     Two new receipt meter stations used to measure new sources
of supply into the existing High Plains System;
     Modify an existing meter station known as the Flying Hawk
Meter Station which connects the High Plains System with the Wyoming
Interstate Company, L.L.C. System at the Cheyenne Hub to make the meter
bi-directional; and
     Modifying an existing block valve on the High Plains
System by installing pressure control equipment.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 125.7
acres of land for the aboveground facilities and the pipeline.
Following construction, CIG would maintain about 57.9 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses. About 23.2 percent of the
proposed pipeline route parallels existing pipeline, utility, or road
rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all

filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the EA
\3\. Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by CIG. This preliminary list of
issues may be changed based on your comments and our analysis.
     The project could potentially impact federally listed
endangered or threatened species.
     Several residences along the pipeline route may by
impacted by noise from horizontal directional drilling.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
October 11, 2012.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP12-496-000) with your
submission. The Commission encourages electronic filing of comments and
has expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in

the proceeding by filing a request to intervene. Instructions for
becoming an intervenor are in the User's Guide under the ``e-filing''
link on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP12-
496). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: September 11, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23032 Filed 9-18-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Notices]
[Page 75701]
[DOCID:fr12de08-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13288-000]

Riverbank Ogdensburg, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

December 8, 2008.
    On September 23, 2008, Riverbank Ogdensburg, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act (FPA),
proposing to study the feasibility of the Ogdensburg Pumped Storage
Project to be located on the St. Lawrence River in St. Lawrence County,
New York.
    The proposed project would consist of: (1) The St. Lawrence River
as an upper reservoir; (2) an underground lower reservoir with an
elevation of 1,800 feet below MSL and a storage capacity of 3,775 acre-
feet; (3) four 13 foot diameter, 2,000 foot long, concrete and steel
penstocks; (4) an underground powerhouse containing four pump/turbine
units with a total installed capacity of 1,000 MW; (5) a 345 kV, 18.6
mile long transmission line; and (6) appurtenant facilities. The annual
production would be 2,190 GWh which would be sold to a local utility.
    Applicant Contact: William S. Helmer, Esq., 194 Washington Ave.,
Suite 315, Albany, New York 12210<PHONE_NUMBER>.
    FERC Contact: Kelly Houff<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene: 60 days from
the issuance of this notice. Comments, motions to intervene, notices of
intent and competing applications may be filed electronically via the
Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and eight copies should be mailed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. For more information on how to submit these types
of filings please go to the Commission's Web site located at http://
www.ferc.gov/filing-comments.asp. More information about this project
can be viewed or printed on the ``eLibrary'' link of the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
docket number (P-13288) in the docket number field to access the
document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-29472 Filed 12-11-08; 8:45 am]

BILLING CODE 6717-01-P