Phase II addresses issues that were either remanded or remanded and vacated by the Court. As a result of the various court challenges and decisions referenced above,

most of the applicable dates are no longer correct. States are now complying or have complied with dates either set by the Court or dates triggered by the court decisions.

Today's action modifies the applicable provisions to reflect the revised applicable dates. In most instances, today's revisions do not include specific dates but rather specify a timeframe, either during the first or second ozone season,

in relation to when the Phase I and Phase II sources are subject to control measures and other applicable requirements. New section 51.121( a)( 3) defines " Phase I"

and " Phase II."

Section 51.121( b)( 1)( ii) is modified to specify the new dates for implementation of required control measures under Phase I and Phase II. All subsequent sections are modified to align with these new implementation dates. Section 51.121( b)( 2)( ii)( B) is modified to reflect the period during which States may accumulate early reduction credits that may be subsequently utilized for compliance with the NOx SIP Call requirements. Section 51.121( b)( 2)( ii)( C) is also Draft   Do not cite, quote or distribute 187 modified to specify the new period during which States may bank emissions credits. Section 51.121( b)( 2)( ii)( D) is modified to reflect the new period when banked allowances will not be affected by the limitation on the use of banked emissions reductions credits or emissions allowances or the flow control provisions. Compliance supplement pool credits are considered banked at the start of the second year of the NOx SIP Call program and are therefore, subject to the flow control provisions.

Section 51.121( b)( 2)( ii)( E) is modified to reflect the new period when flow control provisions will be triggered.

The compliance date for the initial NOx SIP Call program was May 1, 2003, and the flow control provisions were to begin in the second year of the program, i. e., 2004. However, in Michigan, the Court ruled that May 31, 2004, rather than May 1, 2003, is the compliance date for sources now covered under Phase I. Since then, we have implemented the new flow control dates through notice and comment rulemakings for approval of State NOx SIP Call SIPs, except for Georgia and Missouri. Flow control issues for Georgia and Missouri will be addressed in the context of reviewing their SIPs, as discussed in section I. 1. of this rule.

Section 51.121( c), which specifies the States subject to the NOx SIP Call with respect to the 1 hour ozone NAAQS, Draft   Do not cite, quote or distribute 188 is modified by adding sections 51.121( c)( 1) and ( c)( 2). New section 51.121( c)( 1) specifies States that all areas of the State are subject to the NOx SIP Call, and section 51.121( c)( 2) specifies those States that only areas of the State that lie within the fine grid portions are subject to the NOx SIP Call. Section 51.121( c)( 2) also defines the fine grid for purposes of the NOx SIP Call.

Section 51.121( d) is modified to reflect dates by which all the States subject to the NOx SIP Call must submit required SIP revisions to EPA for Phase I and Phase II.

This revision reflects the Phase I SIP submittal date of October 30, 2000, which was set by the Court in Michigan.

Phase II SIPs are now due by [ insert date 12 months after signature].

Section 51.121( e)( 2) is renumbered and modified to reflect the revised NOx budgets for each State. Section 51.121( e)( 2)( i) contains the modified table reflecting changes to the State by State NOx budgets. New section 51.121( e)( 2)( ii) ( A)( D) specifies counties, which lie within the fine grid, in the States of Alabama, Georgia,

Michigan, and Missouri that are subject to the NOx SIP Call requirements.

Section 51.121( e)( 3) is being renumbered as section 51.121( e)( 4). A new section 51.121( e)( 3)( i) is added to Draft   Do not cite, quote or distribute 189 define the portion of the NOx budget that may be included in a Phase II SIP submission for each State.

In section 51.121( e)( 4)( i) the period within which sources may use CSP credits to demonstrate compliance with the NOx SIP Call requirements is modified. This revision is consistent with the original 2 year window specified in the NOx SIP Call ( 63 FR 57428 57430, October 27, 1998).

Allowances from the CSP must be used by September 30, 2005 and September 20, 2008, for Phase I and Phase II sources,

respectively. Section 51.121( e)( 4)( ii) is modified by revising the date after which sources may not use CSP credits. Section 51.121( e)( 4)( iii) is modified to show the revised State by State CSP amounts. Section 51.121( e)( 4)( iv)( A) is modified by revising the period during which sources must implement emissions reductions to receive CSP credits. Section 51.121( e)( 4)( iv)( A)( 1) is modified by revising the date by which States are to complete issuance of CSP credits to sources covered by the NOx SIP Call. Section 51.121( e)( 4)( iv)( A)( 3) is modified by revising the period during which emissions reductions must occur for sources to qualify for CSP credits. Section 51.121( e)( 4)( iv)( B) is modified by revising the former control implementation date to reflect the new control implementation dates. Section 51.121( e)( 4)( iv)( B)( 1) is Draft   Do not cite, quote or distribute 190 modified to reflect new dates by which States must initiate the issuance of CSP credits. Section 51.121( e)( 4)( iv)( B)( 2)

is modified by revising the date by which the States are to complete issuance of CSP credits. Sections 51.121( e)( 4)( iv)( B)( 3)( i) and ( ii) are modified to reflect the new control implementation dates.

Section 51.121( e)( 4) is renumbered as section 51.121( e)( 5).

Sections 51.122 ( g)( 1) and ( 2) are modified to reflect the beginning and frequency of annual and triennial emissions reporting by States. A new Table is inserted.

Section 51.122 ( h)( 1) is modified to specify the address for submission of the required reports.

Today's action also finalizes modifications to 40 CFR parts 78 and 97 that were proposed on June 13, 2001. The modifications to part 78 were proposed so that affected sources under the Federal NOx Budget Trading Program would have the same right of administrative appeal as affected sources under the Acid Rain Program. We received no comments on the revisions to part 78. The proposed revisions to part 97 were made in order to align monitoring and reporting requirements with modification to part 75 made after the promulgation of part 97 and to correct certain grammatical and technical errors. We received two comments, Draft   Do not cite, quote or distribute 60 In addition, the final revisions correct, without any substantive changes, a few minor, technical errors in the proposed revisions or that were inadvertently left out of the proposed revisions.

191 one supporting a proposed revision to part 97 and the other suggesting a change that was addressed in the June 12, 2002 final revisions to part 75 ( in § 75 § 75.19).

We are finalizing the proposed modifications to parts 78 and 97 as proposed, with only three exceptions of any significance. 60 The final revisions to § 97 § 97.61( b) differ from the proposed revisions in that the final revisions use language consistent with language in the analogous provision in § 96 § 96.61( b) of the model rule for the NOx Budget Trading Program under the NOx SIP Call. In particular, the final revisions refer to " the control period to which the NOx allowance transfer deadline applies," rather than referencing " the control period in the same year as the NOx allowance transfer deadline." We believe that the language in the final revisions to § 97 § 97.61( b) is clearer and more accurate than the language in the proposed revisions, as well as being analogous to the language in § 96 § 96.61( b).

Further, the final revisions to § 97 § 97.70( b)( 5) and ( 6) differ from the proposed revisions in that the final revisions use language consistent with language in the analogous provision in § 75 § 75.4( e) of the Acid Rain Program emission monitoring regulations. In particular, the final Draft   Do not cite, quote or distribute 192 revisions add, to the language " a new stack or flue," a reference to new " add on NOx emission controls." As a result, § 97 § 97.70( b)( 5) and ( 6) contain the same references to new stacks, flues, or add on NOx emission controls as § 75.4( e).

Similarly, the final revisions to § 97 § 97.71( c) differ from the proposed revisions in that the final revisions use language consistent with language in the analogous provision in § 75 § 75.20( h)( 3) of the Acid Rain Program emission monitoring regulations. In particular, the final revisions [ similar to § 75 § 75.20( h)( 3)] provide that provisional certification status for the low mass emission excepted methodology is tied to receipt of a " complete" certification application.

III. STATUTORY AND EXECUTIVE ORDER REVIEWS A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 ( 58 FR 51735, October 4,

1993), the Agency must determine whether the regulatory action is " significant" and, therefore, subject to Office of Management and Budget ( OMB) review and the requirements of the Executive Order. The Order defines " significant regulatory action" as one that is likely to result in a rule that may:

1. Have an annual effect on the economy of $ 100 Draft   Do not cite, quote or distribute 193 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition,

jobs, the environment, public health or safety, or State,

local, or tTribal governments or communities;

2. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

3. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

This action, which responds to the court decisions in Michigan v. EPA, 213 F. 3d 663 ( D. C. Cir. 2000)( NOx SIP Call); Appalachian Power v. EPA, 249 F. 3d 1032 ( D. C. Cir.

2001)( Section 126 Rule), and Appalachian Power v. EPA, 251 F. 3d 1026 ( D. C. Cir. 2001) ( NOx SIP Call Technical Amendments), is a " significant regulatory action" under Executive Order 12866 because it raises novel legal or policy issues and is, therefore, subject to review by OMB.

Because this is a " significant regulatory action," a Regulatory Impact Analysis ( RIA) is required. We are using the original RIAs prepared for the three actions at issue in the cases listed above [" Regulatory Impact Analysis for the Draft   Do not cite, quote or distribute 194 NOx SIP Call, FIP, and Section 126 Petitions" ( Docket OAR

2001 0008)] and [" Regulatory Impact Analysis for the Final Section 126 Rule" ( Docket A 97 43)], which contain cost and benefit analyses and economic impact analyses reflecting requirements of those rules. In addition, we are using an update to some of the information in the final NOx SIP Call RIA entitled, " NOx Emissions Control Costs for Stationary Reciprocating Internal Combustion Engines in the NOx SIP Call States" ( August 11, 2000), an analysis prepared for the IC engine portion of this action. This analysis indicates that there is less cost incurred per engine than shown in the original RIA which was prepared for the final NOx SIP Call. This document is available for public inspection in Docket OAR 2001 0008 which is listed in the ADDRESSES section of this preamble.

B. Paperwork Reduction Act Today's action does not add any information collection requirements or increase burden under the provisions of the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), and therefore is not subject to these requirements.

C. Regulatory Flexibility Act ( RFA)

The EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with this final rule. Draft   Do not cite, quote or distribute 195 For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: ( 1) a small business as defined in the Small Business Administration's ( SBA) regulations at 13 CFR 12.201; ( 2) a small governmental jurisdiction that is a government of a city, county, town,

school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field.

After considering the economic impacts of today's final rule on small entities, EPA has concluded that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. This final rule responds to the court decisions in Michigan v. EPA, 213 F. 3d 663, Appalachian Power v. EPA, 249 F. 3d 1032 ( D. C. Cir.

2001), and Appalachian Power v. EPA, 251 F. 3d 1026 ( D. C.

Cir. 2001) ( decisions on the NOx SIP Call, Section 126 Rule,

and NOx SIP Call Technical Amendments, respectively). The RIA for the original final NOx SIP Call included impacts to small entities presuming the application of the control strategies we modeled as surrogates for what the States would actually employ in their NOx SIPs. We also prepared an analysis of impacts to small entities affected by the Draft   Do not cite, quote or distribute 196 Section 126 Rule. This analysis is summarized in the RIA for the final Section 126 Rule and included in the docket for that rule. This action does not impose any requirements on small entities nor will there be impacts on small entities beyond those, if any, required by or resulting from the NOx SIP Call and the Section 126 Rules.

D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), Public Law 104 4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tTribal governments and the private sector. Under section 202 of the UMRA, 2 U. S. C.

1532, EPA generally must prepare a written statement,

including a cost benefit analysis, for any proposed or final rules with " Federal mandates" that may result in the expenditure by State, local, and tTribal governments, in the aggregate, or by the private sector, of $ 100 million or more in any 1 year. A " Federal mandate" is defined to include a " Federal intergovernmental mandate" and a " Federal private sector mandate" [ 2 U. S. C. 658( 6)]. A " Federal intergovernmental mandate," in turn, is defined to include a regulation that " would impose an enforceable duty upon State, local, or tribal governments," [ 2 U. S. C.

658( 5)( A)( i)], except for, among other things, a duty that Draft   Do not cite, quote or distribute 197 is " a condition of Federal assistance" [ 2 U. S. C.

658( 5)( A)( I)]. A " Federal private sector mandate" includes a regulation that " would impose an enforceable duty upon the private sector," with certain exceptions [ 2 U. S. C.

658( 7)( A)].

The EPA prepared a statement for the final NOx SIP Call that would be required by UMRA if its statutory provisions applied. Today's action does not create any additional requirements beyond those of the final NOx SIP Call,

therefore, no further UMRA analysis is needed.

An Unfunded Mandates Analysis was prepared for the proposed Section 126 Rule which was published on May 25,

1999. The EPA updated this analysis for the final Section 126 Rule ( January 18, 2000). This " Government Entity Analysis for the Final Section 126 Petitions Under the Clean Air Act Amendments Title I," is available for public inspection in Docket A 97 43 which is listed in the ADDRESSES section of this preamble. This analysis determined that the final Section 126 rulemaking contained no regulatory requirements that might significantly or uniquely affect small governments. Today's action imposes no new additional requirements above those established in the final Section 126 Rule.

E. Executive Order 13132: Federalism Draft   Do not cite, quote or distribute 198 Executive Order 13132, entitled " Federalism" ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure " meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications."

" Policies that have federalism implications" is defined in the Executive Order to include regulations that have " substantial direct effects on the States, on the relationship between the national government and the States,

or on the distribution of power and responsibilities among the various levels of government." Under section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute,

unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. The EPA also may not issue a regulation that has federalism implications and that preempts State law,

unless the Agency consults with State and local officials early in the process of developing the proposed regulation.

This action addressing the NOx SIP Call and Section 126 Rules does not have federalism implications. It will not have substantial direct effects on the States, on the Draft   Do not cite, quote or distribute 199 relationship between the national government and the States,

or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132.

In issuing the NOx SIP Call, EPA acted under section 110( k)( 5), which requires the Agency to require a State to correct a deficiency that EPA has found in the SIP. In October 1998, EPA issued its final NOx SIP Call Rule finding that the SIPs for 22 States and the District of Columbia were substantially inadequate because they did not regulate emissions that significantly contribute to downwind nonattainment in other States. On March 3, 2000, the D. C.

Circuit largely upheld that rule but remanded certain minor issues and vacated and remanded other minor issues to the Agency for further consideration. Michigan v. EPA, 213 F. 3d 663 ( D. C. Cir. 2000)( NOx SIP Call). Today, EPA is finalizing action on these remanded and remanded and vacated portions of the rule. This action also responds to an issue that the court remanded and vacated in the challenge to the NOx SIP Call Technical Amendments. Appalachian Power v.

EPA, 251 F. 3d 1026 ( D. C. Cir. 2001)( NOx SIP Call Technical Amendments).

With respect to the action concerning the definition of EGU and the level of control for IC engines, action revising the emission budgets for Georgia, Missouri, Alabama, and Draft   Do not cite, quote or distribute 200 Michigan, and the SIP submission and source compliance dates, EPA's action does not impose any additional burdens beyond those imposed by the final NOx SIP Call. Thus,

today's action does not alter the relationship established by the final NOx SIP Call Rule, which remains in place for 19 States ( including Alabama and Michigan) and the District of Columbia. Moreover, no aspect of this rule changes the established relationship between the States and EPA under title I of the CAA. Under title I of the CAA, States have the primary responsibility to develop plans to attain and maintain the NAAQS. As found by the court, the States have full discretion under the NOx SIP Call Rule to choose the control requirements necessary to address the transported emissions identified by EPA in the NOx SIP Call Rule.

As provided in the final action promulgating the NOx SIP Call Rule and the Technical Amendments, the NOx SIP Call Rule will not impose substantial direct compliance costs.

While the States will incur some costs to develop the plan,

those costs are not expected to be substantial. Moreover,

under section 105 of the CAA, the Federal government supports the States' SIP development activities by providing partial funding of State programs for the prevention and control of air pollution. Thus, the requirements of section 6 of the Executive Order do not apply to this rule.

Today's rule also responds to the Court's decision in Draft   Do not cite, quote or distribute 201 Appalachian Power v. EPA, 249 F. 3d 1032 ( D. C. Cir.

2001)( Section 126 Rule). This action imposes no new requirements that impose compliance burdens beyond those that EPA established under the final Section 126 Rule ( January 18, 2000).

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments Executive Order 13175, entitled " Consultation and Coordination with Indian Tribal Governments" ( 65 FR 67249,

November 6, 2000), requires EPA to develop an accountable process to ensure " meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications." " Policies that have tribal implications" is defined in the Executive Order to include regulations that have " substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes."

This rule does not have tTribal implications. It will not have substantial direct effects on tTribal governments,

on the relationship between the Federal government and Indian tTribes, or on the distribution of power and responsibilities between the Federal government and Indian tTribes, as specified in Executive Order 13175. Today's Draft   Do not cite, quote or distribute 202 action does not significantly or uniquely affect the communities of Indian tTribal governments. The EPA stated in the final NOx SIP Call Rule, the Technical Amendments Rule, and the Section 126 Rule that Executive Order 13084 did not apply because those final rules do not significantly or uniquely affect the communities of Indian tTribal governments or call on States to regulate NOx sources located on tTribal lands. The same is true of today's action. Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks Executive Order 13045: " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885,

April 23, 1997) applies to any rule that ( 1) is determined to be " economically significant" as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

The EPA interprets Executive Order 13045 as applying Draft   Do not cite, quote or distribute 203 only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5 501 of the Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not concern an environmental health or safety risk that we have reason to believe may have a disproportionate effect on children and it is not economically significant under Executive Order 12866.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This summary of the energy impact analysis report [ add citedated October 2, 2001 ( Docket No. OAR 2001 0008, Item No. XII L 06] estimates the energy impacts associated with the Phase II portion of the NOx SIP Call, in accordance with Executive Order 13211. It covers all large EGUs that do not participate in the Acid Rain Trading Program and large IC engines in the District of Columbia and the 21 States of the NOx SIP Call region, as well as all NOx SIP Call sources ( cement kilns, utility boilers, industrial boilers,

combustion turbines, and IC engines) in the fine grid portions of Georgia and Missouri. This analysis also considered impacts on sources in only the fine grid portions of Michigan and Alabama. We identified applications of control devices appropriate for this analysis that provide high levels of NOx reduction at relatively low cost, with an Draft   Do not cite, quote or distribute 61 National Energy Foundation web page: http:// www. nef1. org/ ea/ eastats. html .

204 average cost of less than $ 2,000 ( 1990 dollars) per ozone season ton of NOx removed, among them: SCR and NSCR, fluid injection ( steam or ammonia  termed SNCR), and LEC.

Through the analysis, we identified three relevant energy effects that occur during normal operation of these devices:

increased energy demands required by certain control devices and equipment, increased energy use due to pressure drop and changes in the stoichiometry of the combustion process, and energy credits from improved combustion. Each of these NOx controls has at least one of these energy effects as part of their normal operation.

The United States consumed over 22 quads ( quadrillion Btus) of natural gas in 1999.61 With respect to energy sources, the application of LEC technology to natural gasdriven IC engines amounts to a savings of about 4,000 million British thermal units ( mmBtus) per unit, or about 70 billion Btus for all affected IC engines ( about 70 million cubic feet of gas). This amounts to about three tenths of one percent of the nation's annual consumption.

Consequently, the application of LEC technology leads to a small savings in natural gas use nationwide by affected sources and their firms, but not a large enough savings to affect the price or distribution of gas in the United States. Draft   Do not cite, quote or distribute 205 The additional coal necessary to compensate for the loss of efficiency from SCR and SNCR controls amounts to about 11 MMBtusmmBtus per affected coal fired boiler, or 89 MMBtusmmBtus per year per source. For all affected utility and industrial coal fired boilers, this translates to slightly more than 70 billion Btus. The United States also consumed over 22 quads of coal in 1999. Therefore, the net increase in coal consumption necessary for affected boilers to compensate for their efficiency loss amounts to about three ten thousandths of one percent of the nation's annual demand for coal. The change in demand for coal caused by NOx control efficiency loss will not be of sufficient magnitude to affect coal prices. In addition, the reduction in electricity output in response to the requirements of the Phase II NOx SIP allCall rulemaking is less than one half of 1one percent of predicted nationwide output between 2005 and 2010 ( to approximate a 2007 projection). Because utilities constantly adjust their output to match demand, and because demand fluctuates more widely than the predicted reduction in electricity output from the Phase II rulemaking, this report indicates there will be no significant effect on production or the factors of production imposed by the NOx SIP Call for affected boilers.

Therefore, we conclude that the rule when implemented is not likely to have a significant adverse effect on the Draft   Do not cite, quote or distribute 206 supply, distribution, or use of energy. For more information on the results of this analysis, please consult the energy impact analysis report in the public docket for this rule.

We received four comments on this administrative requirement as summarized below [( XII D 07, TX Gas Transmission Corp.; XII D 09, INGAA; XII D 10, El Paso Corp.; XII F 12, NiSource, Inc.]).

Comment: Executive Order 13211 requires us to analyze the effect of its regulations on the Nation's energy supply,

distribution and use. Commenters state that ( 1) we failed to analyze, or even recognize, its deadline's potential effect on the United States' natural gas transmission system ( XII F 12),( 2) the proposal's impractical compliance deadline could compromise much of the Nation's gas transmission and storage system, yet there has been no analysis of this issue, ( 3) EPA must provide a compliance period that is adequate to avoid these problems, and ( 4) the Agency must conduct a study that demonstrates ( after notice and opportunity for comment) that it has fully considered all of the impacts on energy supply and distribution. ( p. 12 of comment XII D 09 and p. 13 of comment XII D 10.)

Response: We disagree with the comment that we failed to analyze the effect of this rule on the Nation's energy supply, distribution and use. In accordance with Executive Draft   Do not cite, quote or distribute 62 Stationary Reciprocating Internal Combustion Engines Updated Information on NoOx Emissions and Control Techniques, Revised Final Report, prepared by Ec/ R, Inc. for EPA, p. 4 2, September 1, 2000, available on the Internet at http:// www. epa. gov/ ttn/ naaqs/ ozone/ rto/ fip/ data/ rfic_ engine. pdf.

63 Found in reprint of article in " American Gas & Oil Reporter", Reporter," May 1998, available on the Internet at http:// www. dieselsupply. com/ dscartic. htm.

207 Order 13211, we completed an energy impact analysis of this rule, on October 2, 2001. The analysis indicated minimal effects, less than 0.5 percent nationally, on both energy supply, distribution and demand, including natural gas.

We note that the more prevalent LEC retrofit, which has been in use for almost 20 years, is the screw in precombustion chamber. 62 This kind of retrofit is both less costly and time consuming than other kinds of LEC retrofit.

For example, Columbia Gas Transmission Corporation, using screw in precombustion chambers, retrofit two IC engines at its Bedford County, Pennsylvania, facility within 3 days. 63 We have also found that most, if not all, natural gas pipeline stations are equipped with multiple IC engines and that not all engines are operated at the same time.

Therefore, we believe that LEC retrofits can be phased in making it less likely for an entire station to go offline for a LEC retrofit. Thus, because a phased in approach is feasible, we believe that engine stations can continue operating close to their standard level thereby avoiding Draft   Do not cite, quote or distribute 64 NOx " NOx Control for Two Cycle Pipeline Reciprocating Engines," p. 4 11, December 1998.

208 service interruptions. We also note that the December 1998 Gas Research Institute report concluded that " installation of the [ LEC] retrofit kit is not expected to impact the normal maintenance interval." 64 The energy impact analysis also indicated that IC engines retrofit with LEC will experience, on average, an energy savings of half a million BTUs per hour per engine, and therefore savings in operating costs.

The comment that the 11 month compliance deadline could compromise the nation's gas transmission and storage system is no longer an issue because we are allowing more than 24 months from SIP submittal date for implementation of controls.

Our response to this comment is fully discussed in section II. K. 2 of this rule, " What Compliance Date Are We Finalizing for IC Engines and What is the Technical Feasibility of This Date?"

With the improvements in ease of LEC retrofits that include scheduling retrofits during maintenance cycles, the adequate time we believe exists for implementation, and the flexibility granted to States to meet their NOxX budgets, we do not believe the concerns expressed about effects on natural gas transmission from compliance with the Phase II NOxX SIP Call rule are warranted. Draft   Do not cite, quote or distribute 209 I. National Technology Transfer Advancement Act The National Technology Transfer Advancement Act of 1997 does not apply because today's action does not require the public to perform activities conducive to the use of voluntary consensus standards under that Act in the NOxX SIP Call, and NOxX SIP Call Technical Amendments. Today's final action also does not impose additional requirements over those in the final Section 126 Rule. The EPA's compliance with these statutes and Executive Orders for the underlying rules, the final NOxX SIP Call ( 63 FR 57477, October 27,

1998), the NOxX SIP Call Technical Amendments ( 64 FR 26298,

May 14, 1999; 65 FR 11222, March 2, 2000), and the final Section 126 Rule ( 65 FR 2674, January 18, 2000) is discussed in more detail in the citations shown above.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations This action does not involve special consideration of environmental justice related issues as required by Executive Order 12898 ( 59 FR 7629, February 16, 1994). For the final NOxX SIP Call and Section 126 Rules, the Agency conducted general analyses of the potential changes in ozone and particulate matter levels that may be experienced by minority and low income populations as a result of the requirements of these rules. These findings were presented Draft   Do not cite, quote or distribute 210 in the RIA for each of these rules. Today's action does not affect these analyses.

K. Congressional Review Act The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S.

House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A " major rule" cannot take effect until 60 days after it is published in the Federal Register. This action is a " major rule" as defined by 5 U. S. C. § 804 § 804( 2). This rule will be effective [ Insert date 60 days after publication].

List of Subjects 40 CFR Part 51 Administrative practice and procedure, Air pollution control, Environmental protection, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 52 Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call Technical Amendments, and Section 126 Rules Page 209 of 245 211 Air pollution control, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 9678 Administrative practice and procedure, Air pollution control, Nitrogen oxides, Ozone, Reporting and recordkeeping requirementsAcid Rain Program, Trading budget, Compliance supplement pool.

40 CFR Part 97 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Nitrogen oxides,

Ozone, Reporting and recordkeeping requirements.

Dated:

______________________________

Marianne Lamont HorinkoMichael O. Leavitt Acting Administrator For the reasons set out in the preamble, title 40 chapter of the Code of Federal Regulations is amended as follows:

PART 51  [ Amended] 212 1. The Authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401 7671q.

2. Section 51.121 is amended:

a. By adding paragraph ( a)( 3).

b. By revising paragraphs ( b)( 1)( ii), ( b)( 2)( ii)( B),

( b)( 2)( ii)( C), ( b)( 2)( ii)( D), and ( b)( 2)( ii)( E)

introductory text.

c. By revising paragraph ( c).

d. By revising paragraph ( d)( 1).

e. By revising paragraphs ( e)( 1) introductory text and ( e)( 2).

f. By redesignating paragraphs ( e)( 3) and ( e)( 4) as ( e)( 4)

and ( e)( 5).

g. By adding a new paragraph ( e)( 3).

h. By revising newly designated paragraphs ( e)( 4)( i),

( e)( 4)( ii), ( e)( 4)( iii), ( e)( 4)( iv)( A) introductory text, ( e)( 4)( iv)( A)( 1), ( e)( 4)( iv)( A)( 3), ( e)( 4)( iv)( B)

introductory text, ( e)( 4)( iv)( B)( 1), ( e)( 4)( iv)( B)( 2),

( e)( 4)( iv)( B)( 3)( i), ( e)( 4)( iv)( B)( 3)( ii),

( e)( 4)( iv)( B)( 3)( iii).

The revisions and additions read as follows:

§ 51.121 Findings and requirements for submission of State implementation plan revisions relating to emissions of oxides of nitrogen. 213 ( a) * * *

( 3)( i) For purposes of this section, the term " Phase I SIP Submission" means those SIP revisions submitted by States on or before October 30, 2000 in compliance with paragraph ( b)( 1)( ii) of this section. A State's Phase I SIP submission may include portions of the NOX budget, under paragraph ( e)( 3) of this section, that a State is required to include in a Phase II SIP submission.

( ii) For purposes of this section, the term " Phase II SIP Submission" means those SIP revisions that must be submitted by a State in compliance with paragraph ( b)( 1)( ii)

of this section and which includes portions of the NOX budget under paragraph ( e)( 3) of this section.

( b) * * *

( 1) * * *

( ii) Requires full implementation of all such control measures by no later than May 31, 2004 for the sources covered by a Phase I SIP submission and May 1, 2007 for the sources covered by a Phase II SIP submission.

( 2) * * *

( ii) * * *

( B) Emissions reductions occurring prior to the first year in which any sources covered by Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section may be used by a source to 214 demonstrate compliance with the SIP revision for the first and second ozone seasons in which any sources covered by a Phase I or Phase II SIP submission are subject to such control measures, provided the SIPs provisions regarding such use comply with the requirements of paragraph ( e)( 4) of this section.

( C) Emissions reductions credits or emissions allowances held by a source or other person following the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section or any ozone season thereafter that are not required to demonstrate compliance with the SIP for the relevant ozone season may be banked and used to demonstrate compliance with the SIP in a subsequent ozone season.

( D) Early reductions created according to the provisions in paragraph ( b)( 2)( ii)( B) of this section and used in the first ozone season in which any sources covered by Phase I or Phase II submissions are subject to the control measures under paragraph ( b)( 1)( i) of this section are not subject to the flow control provisions set forth in paragraph ( b)( 2)( ii)( E) of this section.

( E) Starting with the second ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section, the SIP shall include provisions to limit the 215 use of banked emissions reductions credits or emissions allowances beyond a predetermined amount as calculated by one of the following approaches:

* * * * *

( c) The following jurisdictions ( hereinafter referred to as " States") are subject to the requirement of this section:

( 1) With respect to the 1 hour ozone NAAQS:

Connecticut, Delaware, Illinois, Indiana, Kentucky,

Maryland, Massachusetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina,

Tennessee, Virginia, West Virginia, and the District of Columbia.

( 2) With respect to the 1 hour ozone NAAQS, the portions of Missouri, Michigan, Alabama, and Georgia within the fine grid of the OTAG modeling domain. The fine grid is the area encompassed by a box with the following geographic coordinates: Southwest Corner, 92 degrees West longitude and 32 degrees North latitude; and Northeast Corner, 69.5 degrees West longitude and 44 degrees North latitude.

( d) * * *

( 1) The SIP submissions required under paragraph ( a)

of this section must be submitted to EPA by no later than October 30, 2000 for Phase I SIP submissions and no later than [ insert date 12 months after signature] for Phase II 216 SIP submissions.

* * * * *

( e)( 1) Except as provided in paragraph ( e)( 2)( ii) of this section, the NOX budget for a State listed in paragraph ( c) of this section is defined as the total amount of NOX emissions from all sources in that State, as indicated in paragraph ( e)( 2)( i) of this section with respect to that State, which the State must demonstrate that it will not exceed in the 2007 ozone season pursuant to paragraph ( g)( 1)

of this section.

( 2)( i) The State by State amounts of the NOX budget,

expressed in tons, are as follows:

State Final Budget Alabama . . . . . . . 119,827 Connecticut . . . . . 42,850 Delaware . . . . . . 22,862 District of Columbia 6,657 Georgia . . . . . . . 150,656 Illinois . . . . . . 271,091 Indiana . . . . . . . 230,381 Kentucky . . . . . . 162,519 Maryland . . . . . . 81,947 Massachusetts . . . . 84,848 Michigan . . . . . . 190,908 Missouri . . . . . . 61,406 New Jersey . . . . . 96,876 217 New York . . . . . . 240,322 North Carolina . . . 165,306 Ohio . . . . . . . . 249,541 Pennsylvania . . . . 257,928 Rhode Island . . . . 9,378 South Carolina . . . 123,496 Tennessee . . . . . . 198,286 Virginia . . . . . . 180,521 West Virginia . . . . 83,921 Total . . . . . . . 3,031,527 ( ii) ( A) For purposes of paragraph ( e)( 2)( i) of this section, in the case of each State listed in paragraphs ( e)( 2)( ii)( B) through ( E) of this section, the NOX budget is defined as the total amount of NOX emissions from all sources in the specified counties in that State, as indicated in paragraph ( e)( 2)( i) of this section with respect to the State, which the State must demonstrate that it will not exceed in the 2007 ozone season pursuant to paragraph ( g)( 1) of this section.

( B) In the case of Alabama, the counties are: Autauga,

Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay,

Cleburne, Colbert, Coosa, Cullman, Dallas, De Kalb, Elmore,

Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson,

Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison,

Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell,

St. Clair, Shelby, Sumter, Talladega, Tallapoosa,

Tuscaloosa, Walker, and Winston.

( C) In the case of Georgia, the counties are: Baldwin, 218 Banks, Barrow, Bartow, Bibb, Bleckley, Bulloch, Burke,

Butts, Candler, Carroll, Catoosa, Chattahoochee, Chattooga,

Cherokee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford,

Dade, Dawson, De Kalb, Dooly, Douglas, Effingham, Elbert,

Emanuel, Evans, Fannin, Fayette, Floyd, Forsyth, Franklin,

Fulton, Gilmer, Glascock, Gordon, Greene, Gwinnett,

Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard,

Henry, Houston, Jackson, Jasper, Jefferson, Jenkins,

Johnson, Jones, Lamar, Laurens, Lincoln, Lumpkin, McDuffie,

Macon, Madison, Marion, Meriwether, Monroe, Morgan, Murray,

Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach,

Pickens, Pike, Polk, Pulaski, Putnam, Rabun, Richmond,

Rockdale, Schley, Screven, Spalding, Stephens, Talbot,

Taliaferro, Taylor, Towns, Treutlen, Troup, Twiggs, Union,

Upson, Walker, Walton, Warren, Washington, White, Whitfield,

Wilkes, and Wilkinson.

( D) In the case of Michigan, the counties are:

Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass,

Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham, Ionia,

Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenawee,

Livingston, Macomb, Mecosta, Midland, Monroe, Montcalm,

Muskegon, Newaygo, Oakland, Oceana, Ottawa, Saginaw, St.

Clair, St. Joseph, Sanilac, Shiawassee, Tuscola, Van Buren,

Washtenaw, and Wayne.

( E) In the case of Missouri, the counties are:

Baldwin, Banks, Barrow, Bartow, Bibb, Bleckley, Bulloch, 219 Burke, Butts, Candler, Carroll, Catoosa, Chattahoochee,

Chattooga, Cherokee, Clarke, Clayton, Cobb, Columbia,

Coweta, Crawford, Dade, Dawson, De Kalb, Dooly, Douglas,

Effingham, Elbert, Emanuel, Evans, Fannin, Fayette, Floyd,

Forsyth, Franklin, Fulton, Gilmer, Glascock, Gordon, Greene,

Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart,

Heard, Henry, Houston, Jackson, Jasper, Jefferson, Jenkins,

Johnson, Jones, Lamar, Laurens, Lincoln, Lumpkin, McDuffie,

Macon, Madison, Marion, Meriwether, Monroe, Morgan, Murray,

Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach,

Pickens, Pike, Polk, Pulaski, Putnam, Rabun, Richmond,

Rockdale, Schley, Screven, Spalding, Stephens, Talbot,

Taliaferro, Taylor, Towns, Treutlen, Troup, Twiggs, Union,

Upson, Walker, Walton, Warren, Washington, White, Whitfield,

Wilkes, and Wilkinson.

( 3) The State by State amounts of the portion of the NOX budget provided in paragraph ( e)( 1) of this section,

expressed in tons, that the States may include in a Phase II SIP submission are as follows:

State Phase II Incremental Budget Alabama . . . . . . . . . 4,968 Connecticut . . . . . . . 41 Delaware . . . . . . . . . 660 District of Columbia . . . 1 Illinois . . . . . . . . 7,055 220 Indiana . . . . . . . . . 4,244 Kentucky . . . . . . . . . 2,556 Maryland . . . . . . . . . 780 Massachusetts . . . . . . 1,023 Michigan . . . . . . . . . 1,033 New Jersey . . . . . . . .  994 New York . . . . . . . . . 1,659 North Carolina . . . . . . 6,026 Ohio . . . . . . . . . . . 2,741 Pennsylvania . . . . . . . 10,230 Rhode Island . . . . . . . 192 South Carolina . . . . . . 4,260 Tennessee . . . . . . . . 2,877 Virginia . . . . . . . . . 6,168 West Virginia . . . . . . 1,124 Total . . . . . . 56,644 ( 4)( i) Notwithstanding the State's obligation to comply with the budgets set forth in paragraph ( e)( 2) of this section, a SIP revision may allow sources required by the revision to implement NOX emission control measures to demonstrate compliance in the first and second ozone seasons in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section using credit issued from the State's compliance supplement pool, as set forth in paragraph ( e)( 4)( iii) of this section.

( ii) A source may not use credit from the compliance supplement pool to demonstrate compliance after the second 221 ozone season in which any sources are covered by a Phase I or Phase II SIP submission.

( iii) The State by State amounts of the compliance supplement pool are as follows:

State Compliance supplement pool ( tons of NOX)

Alabama . . . . . . . . . . . 8,962 Connecticut . . . . . . . . . 569 Delaware . . . . . . . . . . 168 District of Columbia . . . . 0 Georgia . . . . . . . . . . . 10,728 Illinois . . . . . . . . . . 17,688 Indiana . . . . . . . . . . 19,915 Kentucky . . . . . . . . . . 13,520 Maryland . . . . . . . . . . 3,882 Massachusetts . . . . . . . . 404 Michigan . . . . . . . . . . 9,907 Missouri . . . . . . . . . . 5,630 New Jersey . . . . . . . . . 1,550 New York . . . . . . . . . . 2,764 North Carolina . . . . . . . 10,737 Ohio . . . . . . . . . . . . 22,301 Pennsylvania . . . . . . . . 15,763 Rhode Island . . . . . . . . 15 South Carolina . . . . . . . 5,344 Tennessee . . . . . . . . . . 10,565 Virginia . . . . . . . . . . 5,504 West Virginia . . . . . . . . 16,709 222 Total . . . . . 182,625 ( iv) * * *

( A) The State may issue some or all of the compliance supplement pool to sources that implement emissions reductions during the ozone season beyond all applicable requirements in the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section.

( 1) The State shall complete the issuance process by no later than the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section.

* * * * *

( 3) The emissions reductions must be verified by the source as actually having occurred during an ozone season between September 30, 1999 and the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section.

* * * * *

( 5)( B) The State may issue some or all of the compliance supplement pool to sources that demonstrate a need for an extension of the earliest date on which any 223 sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section according to the following provisions:

( 1) The State shall initiate the issuance process by the later date of September 30 before the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section or after the State issues credit according to the procedures in paragraph ( e)( 4)( iv)( A) of this section.

( 2) The State shall complete the issuance process by no later than the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section.

( 3) * * *

( i) For a source used to generate electricity,

compliance with the SIP revision's applicable control measures by the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section, would create undue risk for the reliability of the electricity supply. This demonstration must include a showing that it would not be feasible to import electricity from other electricity generation systems during the installation of control technologies necessary to 224 comply with the SIP revision.

( ii) For a source not used to generate electricity,

compliance with the SIP revision's applicable control measures by the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph ( b)( 1)( i) of this section would create undue risk for the source or its associated industry to a degree that is comparable to the risk described in paragraph ( e)( 4)( iv)( B)( 3)( i) of this section.

( iii) For a source subject to an approved SIP revision that allows for early reduction credits in accordance with paragraph ( e)( 4)( iv)( A) of this section, it was not possible for the source to comply with applicable control measures by generating early reduction credits or acquiring early reduction credits from other sources.

* * * * *

3. Section 51.122 is amended by:

a. revising paragraph ( g)( 1), and ( g)( 2),

b. removing paragraph ( g)( 3) and redesignating paragraph ( g)( 4) as ( g)( 3),

c. revising paragraph ( h)( 1).

The revisions and additions read as follows:

§ 51.122 Emissions reporting requirements for SIP revisions relating to budgets for NOX emissions.

* * * * * 225 ( g)( 1) Data collection is to begin during the ozone season 1 year prior to the State's NOX SIP Call compliance date.

( 2) Reports are to be submitted according to paragraph ( b) of this section and the schedule in Table 1. After 2008, trienniel reports are to be submitted every third year and annual reports are to be submitted each year that a trienniel report is not required.

Table 1. Schedule for Submitting Reports Data Collection Year Type of Report Required 2002 Trienniel 2003 Annual 2004 Annual 2005 Trienniel 2006 Annual 2007 Year 2007 Report 2008 Trienniel * * * * *

( h) * * *

( 1) States are required to report emissions data in an electronic format to one of the locations listed in this paragraph ( h). Several options are available for data reporting. States can obtain information on the current formats at the following Internet address:

http:// www. epa. gov/ ttn/ chief, by calling the EPA Info CHIEF help desk at ( 919) 541 1000 or by sending an email to info. chief@ epa. gov. Because electronic reporting technology 226 continually changes, States are to contact the Emission Factor and Inventory Group ( EFIG) for the latest specific formats.

* * * * *

Part 78  Appeal Procedures for Acid Rain Program 1. The authority citation for part 78 is revised to reads as follows:

Authority: 42 U. S. C. 7401, 7403, 7410, 7426, 7601, and 7651, et seq.

2. Section 78.1 is amended by removing fromin paragraph ( a)( 1) by revising the words " parts 72, 73, 74, 75, 76, and 77 of this chapter" and revising them to read " parts 72, 73,

74, 75, 76, or 77 of this chapter or part 97 of this chapter"; and adding a new paragraph ( b)( 6) to read as follows:

§ 78 § 78.1 Purpose and scope.

* * * * *

( b) * * *

( 6) Under part 97 of this chapter,

( Ii) The adjustment of the information in a compliance certification or other submission and the deduction or transfer of NOx allowances based on the information, as adjusted, under § 97.31 of this chapter;

( ii) The decision on the allocation of NOx allowances to a NOx Budget unit under § 97 § 97.41( b), ( c), ( d), or ( e)

of this chapter; 227 ( iii) The decision on the allocation of NOx allowances to a NOx Budget unit from the compliance supplement pool under § 97 § 97.43 of this chapter;

( iv) The decision on the deduction of NOx allowances under § 97.54 of this chapter;

( v) The decision on the transfer of NOx allowances under § 97.61 of this chapter;

( vi) The decision on a petition for approval of an alternative monitoring system;

( vii) The approval or disapproval of a monitoring system certification or recertification under § 97.71 of this chapter;

( viii) The finalization of control period emissions data, including retroactive adjustment based on audit;

( ix) The approval or disapproval of a petition under § 97.75 of this chapter;

( x) The determination of the sufficiency of the monitoring plan for a NOXNOx Budget opt in unit;

( xi) The decision on a request for withdrawal of a NOx Budget opt in unit from the NOx Budget Trading Program under § 97.86 of this chapter;

( xii) The decision on the deduction of NOx allowances under § 97.87 of this chapter; and ( xiii) The decision on the allocation of NOx allowances to a NOxNOx Budget opt in unit under § 97.88 of this chapter. 228 * * * * *

§ 78.2 [ Amended].

3. Section 78.2 is amended by removingrevising the words " shall apply to this part" and revising them to read " shall apply to appeals of any final decision of the Administrator under parts 72, 73, 74, 75, 76, or 77 of this chapter."

4. Section 78.3 is amended by:

a. RevisiIng paragraph ( b)( 3)( i) by adding, after the word " petitioner)", the words " or the NOx authorized account representative under paragraph ( a)( 3) of this section ( unless the NOxNOx authorized account representative is the petitioner)";

b. In paragraph ( c)( 7) by adding, after the words " title IV of the Act", the words " or part 97 of this chapter, as appropriate";

Text Was Moved From Here: 1 d. c. Redesignating paragraphs ( d)( 2) and ( d)( 3) as paragraphs ( d)( 3) and ( d)( 4) respectively;

Text Moved Here: 1 cd. In newly designated paragraph ( d)( 23) by adding,

after the words " Acid Rain Program" the words " or on an account certificate of representation submitted by a NOx authorized account representative or an application for a general account submitted by a NOx authorized account 229 representative under the NOxNOx Budget Trading Program"; and End Of Moved Text and e. Adding new paragraphs ( a)( 3) and ( d)( 2).

The additions and revisions read as follows:

§ 78 § 78.3 Petition for administrative review and request for evidentiary hearing.

( a) * * *

( 3) The following persons may petition for administrative review of a decision of the Administrator that is made under part 97 of this chapter and that is appealable under § 78 § 78.1( a) of this part:

( Ii) The NOx authorized account representative for the unit or any NOx Allowance Tracking System account covered by the decision; or ( ii) Any interested person.

* * * * *

( d) * * *

( 2) Any provision or requirement of part 97 of this chapter, including the standard requirements under § 97.6 of this chapter and any emission monitoring or reporting requirements under part 97 of this chapter.

* * * * *

5. Section 78.4 is amended by adding two new sentences after the third sentence in paragraph ( a) to read as follows: 230 § 78.4 Filings.

( a) * * * Any filings on behalf of owners and operators of a NOx Budget unit or source shall be signed by the NOx authorized account representative. Any filings on behalf of persons with an interest in NOx allowances in a general account shall be signed by the NOx authorized account representative. * * *

* * * * *

§ 78 § 78.12 [ Amended].

6. Section 78.12 is amended in paragraph ( a)( 2) by adding,

after the words " was properly issued or should be issued" in paragraph ( a)( 2), the words " or that a " Acid Rain permit"

the words " NOx Budget permit, or other federally enforceable permit was properly issued or should be issued.".

Part 97  Federal NOxX Budget Trading Program 7. The authority citation for part 97 continues to read as follows:

Authority: 42 U. S. C. 7401, 7403, 7426, and 7601.

8. Section 97.2 is amended by:

a. Revising the definition of " Continuous emission monitoring system or CEMS";

b. In the definition of " Fossil fuel fired" by revising the first occurrence of the word " combination" in paragraphs ( 1), ( 2), and ( 3)( i) to read " combustion";

c. In the definition of " Most stringent State or Federal NOxNOx emissions limitation" by removing the words 231 ", with regard to a NOxNOx Budget opt in unit,";

d. In the third sentence of the definition of " NOxNOx allowance" by adding the reference " § 97.40," after the word " except";

e. Correcting the alphabetical order of the definitions so that " NOxNOx allowances held or hold NOxNOx allowances" appears immediately antecedent to " NOxNOx Allowance Tracking System";

f. In the definition of " NOxNOx Budget unit" by removing the words " Trading Program";

g. In the definition of " owner" by adding the word " the" before the final occurrence of the word " NOxNOx" in paragraph ( 4) of the definition; and h. In the definition of " Percent monitor data availability" by revising the words " § 94.84( b)" to read " § 97.84( b)", revising the words " 3,672 hours per" to read " the total number of unit operating hours in the", and by revising the symbol "%" to read " percent".

The revisions and additions read as follows:

§ 97.2 Definitions.

* * * * *

Continuous emission monitoring system or CEMS means the equipment required under subpart H of this part to sample,

analyze, measure, and provide, by means of readings taken at least once every 15 minutes ( using an automated data acquisition and handling system ( DAHS)), a permanent record 232 of nitrogen oxides ( NOxNOX) emissions, stack gas volumetric flow rate or stack gas moisture content ( as applicable), in a manner consistent with part 75 of this chapter. The following are the principal types of continuous emission monitoring systems required under subpart H of this part:

( 1) A flow monitoring system, consisting of a stack flow rate monitor and an automated DAHS. A flow monitoring system provides a permanent, continuous record of stack gas volumetric flow rate, in units of standard cubic feet per hour ( scfh);

( 2) A nitrogen oxides concentration monitoring system,

consisting of a NOxNOx pollutant concentration monitor and an automated DAHS. A NOxNOx concentration monitoring system provides a permanent, continuous record of NOxNOx emissions in units of parts per million ( ppm);

( 3) A nitrogen oxides emission rate ( or NOx

diluentNOxdiluent monitoring system, consisting of a NOxNOx pollutant concentration monitor, a diluent gas ( CO2 or O2 ) monitor,

and an automated DAHS. A NOxNOx concentration monitoring system provides a permanent, continuous record of: NOxNOx concentration in units of parts per million ( ppm), diluent gas concentration in units of percent O2 or CO2 (% percent O2 or CO2 ), and NOxNOx emission rate in units of pounds per million British thermal units ( lb/ mmBtu); and ( 4) A moisture monitoring system, as defined in § 75 § 75.11( b)( 2) of this chapter. A moisture monitoring 233 system provides a permanent, continuous record of the stack gas moisture content, in units of percent H2O (% percent H2O).

* * * * *

§ 97 § 97.4 [ Amended].

9. Section 97.4( a) is removed and replaced.

10. Section 97.4( b) is amended by:

a. Revising paragraph ( a).

ab. Revising the first sentence of paragraph ( b)( 1)

by: adding, after the words " federally enforceable permit that", the words " restricts the unit to combusting only natural gas or fuel oil ( as defined in § 75.2 of this chapter) during a control period"; and replacing the words " and that" , after the words " 25 tons or less", by the words ", and";

b. In paragraph ( b)( 4)( i) by adding, after the words " with the restriction on", the words " fuel use and"; and c. In paragraph ( b)( 4)( iv) by adding, after both occurrences of the words " restriction on", the words " fuel use or";

d. In paragraph ( b)( 4)( vi)( A) by adding, after the words " restriction on", the words " fuel use or";

e. In paragraph ( b)( 4)( vi)( B) by adding, after the words " the restriction on", the words " fuel use or".

The revisions and additions read as follows:

§ 97 § 97.4 Applicability. 234 ( a) The following units in a State shall be a NOxX Budget unit, and any source that includes one or more such units shall be a NOxX Budget source, subject to the requirements of this part:

( 1)( A) For units other than cogeneration units

( i) For units commencing operation before January 1,

1997, a unit serving during 1995 or 1996 a generator

( 1) with a nameplate capacity greater than 25 MWe and ( 2) producing electricity for sale under a firm contract to the electric grid.

( ii) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator

( 1) with a nameplate capacity greater than 25 MWe and ( 2) producing electricity for sale under a firm contract to the electric grid.

( iii) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator

( 1) with a nameplate capacity greater than 25 MWe and ( 2) producing electricity for sale.

( B) For cogeneration units

( i) For units commencing operation before January 1,

1997, a unit otherwise under item ( A)( i)( 1) that failsserving during 1995 or 1996 a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72 § 72.6( b)( 4) for 1995 andor 1996 under the Acid Rain Program. 235 ( ii) For units commencing operation in 1997 or 1998, a unit otherwise under item ( A)( ii)( 1) that failsserving during 1997 or 1998 a generator with a nameplate capacity grater than 25 MWe and failing to qualify as an unaffected unit under § 72 § 72.6( b)( 4) for 1997 or 1998 under the Acid Rain Program.

( iii) For units commencing operation on or after January 1, 1999, a unit otherwise under item ( A)( iii) that failsserving at any time a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72 § 72.6( b)( 4) under the Acid Rain Program in eachfor any year.

( 2)( A) For units other than cogeneration units

( i) For units commencing operation before January 1,

1997, a unit

( 1) with a maximum design heat input greater than 250 mmBtu/ hr and ( 2) not serving during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid.

( ii) For units commencing operation in 1997 or 1998, a unit

( 1) with a maximum design heat input greater than 250 mmBtu/ hr and ( 2) not serving during 1997 or 1998 a generator producing electricity for sale 236 under a firm contract to the electric grid.

( iii) For units commencing on or after January 1,

1999, a unit with a maximum design heat input greater than 250 mmBtu/ hr:

( 1) At no time serving a generator producing electricity for sale; or ( 2) At any time serving a generator with a nameplate capacity of 25 MWe or less producing electricity for sale, if any such generator hasd with the potential to use not more than 50 percent of the potential electrical output capacity of the unit.

( B) For cogeneration units

( i) For units commencing operation before January 1,

1997, a unit otherwise under item ( A)( i)( 1) that qualifieswith a maximum design heat input greater than 250 mmBtu/ hr and qualifying as an unaffected unit under § 72 § 72.6( b)( 4) under the Acid Rain Program for 1995 and 1996.

( ii) For units commencing operation in 1997 or 1998, a unit otherwise under item ( A)( ii)( 1) that qualifieswith a maximum design heat input greater than 250 mmBtu/ hr and qualifying as an unaffected unit under § 72 § 72.6( b)( 4) under the Acid Rain Program for 1997 and 1998.

( iii) For units commencing on or after January 1,

1999, a unit otherwise under item ( A)( iii) that qualifieswith a maximum design heat input greater than 250 mmBtu/ hr and qualifying as an unaffected unit under under § 237 72 § 72.6( b)( 4) under the Acid Rain Program for each year.

* * * * *

11. Section 97.5 is amended by:

a. In paragraph ( c)( 6)( i) by removing the word " or"

b. In paragraph ( c)( 6)( ii) by removing the period and replacing it with "; or"; and c. Adding a new paragraph ( c)( 6)( iii).

The revisions and additions read as follows:

§ 97 § 97.5 Retired unit exemption.

* * * * *

( c) * * *

( 6) * * *

( iii) The date on which the unit resumes operation, if the unit is not required to submit a NOxNOX permit application.

* * * * *

§ 97 § 97.40 [ Amended].

12. Section 97.40 is amended by removing the word " program".

§ 97 § 97.42 [ Amended].

13. Section 97.42 is amended by:

a. In paragraph ( d)( 4) by revising the words " a control period" to read " the control period";

b. In paragraph ( c)( 1) by adding, before the words 0.15 lb/ mmBT& U" and " 0.17 lb/ mmBTU" in the formulas, the words " the lesser of" and by adding, after the words " 0.15 lb/ mmBTU" and ( 0.17 lb/ mmBTU" in the formulas, the words 238 " the unit's most stringent State or Federal emission limitation."

c. In paragraph ( e)( 2) by revising the words " paragraph ( c)( 1)" to read " paragraph ( e)( 1)".

§ 97 § 97.43 [ Amended].

14. Section 97.43 is amended by removing paragraph ( c)( 8).

§ 97 § 97.51 [ Amended].

15. Section 97.51 is amended by revising paragraph ( b)( 1)( i)( D) by adding, after the words " with respect to",

the word " NOxNOx".

16. Section 97.54 is amended by revising paragraph ( f) by removing the colon after the words " as follows" and replacing it with a period and by adding a new sentence to the end of the paragraph to read as follows:

§ 97.54 Compliance.

* * * * *

( f) * * * For each State NOxNOx Budget Trading Program that is established, and approved and administered by the Administrator pursuant to § 51 § 51.121 of this chapter, the terms " compliance account" or " compliance accounts", " overdraft account" or " overdraft accounts",

" general account" or " general accounts", " States", and " trading program budgets under § 97 § 97.40" in paragraphs ( f)( 1) through ( f)( 3) of this section shall be read to include respectively: a compliance account or compliance accounts established under such State NOxNOx Budget Trading 239 Program; an overdraft account or overdraft accounts established under such State NOxNOx Budget Trading Program;

a general account or general accounts established under such State NOxNOx Budget Trading Program; the State or portion of a State covered by such State NOxNOx Budget Trading Program;

and the trading program budget of the State or portion of a State covered by such State NOxNOx Budget Trading Program.

* * * * *

§ 97 § 97.61 [ Amended].

17. Section 97.61 is amended in paragraph ( b) by revising the words " in a prior year or the same year as the NOxX allowance transfer deadline" to read " prior to or the same as the control period to which the NOsx allowance transfer deadline applies" and by revising the words " the control period in the same year as the NOxNOx allowance transfer deadline" to read " the control period in the fourth year after the control period to which the NOxNOx allowance transfer deadline applies."

18. Section 97.70 is amended by:

a. In paragraph ( a)( 1) by revising the words " § § 75.72 and § § 75.76" to read " § § 75.71 and 75.72";

b. Revising paragraphs ( b)( 3), ( b)( 3)( i) and ( b)( 3)( ii);

c. Revising paragraph ( b)( 4) and adding new paragraphs ( b)( 4)( i) and ( ii);

d. Removing paragraphs ( b)( 5) and ( b)( 6); 240 e. Redesignating paragraphs ( b)( 7), ( b)( 8) and ( b)( 9)

as paragraphs ( b)( 5), ( b)( 6), and ( b)( 7), respectively;

f. Revising newly redesignated paragraphs ( b)( 5) and ( b)( 6), and adding new paragraphs ( b)( 6)( i) and ( ii); and g. Revising paragraph ( c) and adding new paragraphs ( c)( 1), ( c)( 2), and ( c)( 3).

The revisions and additions read as follows:

§ 97.70 General Requirements.

* * * * *

( b) * * *

( 3) For the owner or operator of a NOxNOx Budget unit under § 97.4( a) that commences operation on or after January 1, 2003 and that reports on an annual basis under § 97.74( d)

by the following dates:

( I) The earlier of 90 unit operating days after the date on which the unit commences commercial operation or 180 calendar days after the date on which the unit commences commercial operation; or ( ii) May 1, 2003, if the compliance date under paragraph ( b)( 3)( i) of this section is before May 1, 2003.

( 4) For the owner or operator of a NOxNOx Budget unit under § 97.4( a) that commences operation on or after January 1, 2003 and that reports on a control period basis under § 97.74( d)( 2)( ii), by the following dates:

( i) The earlier of 90 unit operating days or 180 calendar days after the date on which the unit commences 241 commercial operation, if this compliance date is during a control period; or ( ii) May 1 immediately following the compliance date under paragraph ( b)( 4)( i) of this section, if such compliance date is not during a control period.

( 5) For the owner or operator of a NOxNOx Budget unit that has a new stack or flue or add on NOx emission controls for which construction is completed after the applicable deadline under paragraph ( b)( 1), ( b)( 2), ( b)( 3), or ( b)( 4)

of this section or under subpart I of this part and that reports on an annual basis under § 97 § 97.74( d), by the earlier of 90 unit operating days or 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue or add on NOx emission controls.

( 6) For the owner or operator of a NOxNOx Budget unit that has a new stack or flue or add on NOx emission controls for which construction is completed after the applicable deadline under paragraph ( b)( 1), ( b)( 2), ( b)( 3), or ( b)( 4)

of this section or under subpart I of this part and that reports on a control period basis under § 97 § 97.74( d)( 2)( ii), by the following dates:

( i) The earlier of 90 unit operating days or 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue or add on NOx emission controls, if this compliance date is during a 242 control period; or ( ii) May 1 immediately following the compliance date under paragraph ( b)( 6)( i) of this section, if such compliance date is not during a control period.

* * * * *

( c) Commencement of data reporting.

( 1) The owner or operator of NOx Budget units under paragraph ( b)( 1) or ( b)( 2) of this section shall determine,

record and report NOx mass emissions, heat input rate, and any other values required to determine NOx mass emissions ( e. g., NOx emission rate and heat input rate, or NOx concentration and stack flow rate) in accordance with § 75.70( g) of this chapter, beginning on the first hour of the applicable compliance deadline in paragraph ( b)( 1) or ( b)( 2) of this section.

( 2) The owner or operator of a NOXNOx Budget unit under paragraph ( b)( 3) or ( b)( 4) of this section shall determine, record and report NOx mass emissions, heat input rate, and any other values required to determine NOx mass emissions ( e. g., NOx emission rate and heat input rate, or NOx concentration and stack flow rate) and electric and thermal output in accordance with § 75.70( g) of this chapter, beginning on:

( i) The date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is during a control period; or 243 ( ii) The first hour on May 1 of the first control period after the date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is not during a control period.

( 3) Notwithstanding paragraphs ( c)( 2)( i) and ( c)( 2)( ii)

of this section, the owner or operator may begin reporting NOxX mass emission data and heat input data before the date and hour under paragraph ( c)( 2)( i) or ( c)( 2)( ii) of this section if the unit reports on an annual basis and if the required monitoring systems are certified before the applicable date and hour under paragraph ( c)( 1) or ( c)( 2) of this section.

* * * * *

19. Section 97.71 is amended by:

a. Revising paragraph ( a) introductory text;

b. In paragraphs ( b)( 1), ( b)( 2), and ( b)( 3)( ii) by adding the word " emission" before the words " monitoring system" in each occurrence in paragraph ( b)( 1), in both occurrences in the first sentence of paragraph ( b)( 2), and in the one occurrence in paragraph ( b)( 3)( ii); and by revising the word " a" to read " an" after the word " installs"

in the second sentence of paragraph ( b)( 1);

c. In paragraphs ( b)( 3)( iii) and ( b)( 3)( iv)( C) by removing each occurrence of the words " or component thereof"; and d. Revising the second sentence of paragraph ( c), 244 adding two new sentences to the end of paragraph ( c), and removing paragraphs ( c)( i) through ( iii).

The revisions and additions read as follows:

§ 97.71 Initial certification and recertification procedures.

( a) The owner or operator of a NOx Budget unit that is subject to an Acid Rain emissions limitation shall comply with the initial certification and recertification procedures of part 75 of this chapter for NOx

diluentNOxdiluent CEMS, flow monitors, NOx concentration CEMS, or excepted monitoring systems under Aappendix E of part 75 of this chapter for NOx, under Aappendix D for heat input, or under § 75.19 for NOx and heat input, except that:

* * * * *

( c) * * * The owner or operator of such a unit shall also meet the applicable certification and recertification procedures of paragraph ( b) of this section, except that the excepted methodology shall be deemed provisionally certified for use under the NOxNOx Budget Trading Program as of the date on which a complete certification application is received by the Administrator. The methodology shall be considered to be certified either upon receipt of a written notice of approval from the Administrator or, if such notice is not provided, at the end of the Administrator's 120 day review period. However, a provisionally certified or certified low mass emissions excepted methodology shall not 245 be used to report data under the NOxNOx Budget Trading Program prior to the applicable commencement date specified in § 75.19( a)( 1)( ii) of this chapter.

* * * * *

20. Section 97.72 is amended by:

a. In paragraph ( a) by adding the word " emission"

before the words " monitoring system" and the words " subpart H," before " appendix D"; and b. In paragraph ( b) by revising the words " a monitoring system" in the first sentence to read " an emission monitoring system", by removing each occurrence of the words " or component" in the paragraph, and by adding a new final sentence to the end of the paragraph.

The revisions and additions read as follows:

§ 97.72 Out of control periods.

* * * * *

( b) * * * The owner or operator shall follow the initial certification or recertification procedures in § 97.71 for each disapproved system.

21. Section 97.74 is amended by revising paragraphs ( a)( 1),

( d)( 1), ( d)( 1)( i) through ( d)( 1)( iii), and ( d)( 2)( ii); and by adding new paragraphs ( d)( 1)( iii)( A) and ( B), and ( d)( 1)( ivand ( d)( 2)( ii) to read as follows:

§ 97.74 Recordkeeping and reporting.

( a) * * *

( 1) The NOxNOx authorized account representative shall 246 comply with all recordkeeping and reporting requirements in this section, with the recordkeeping and reporting requirements under § 75.73 of this chapter, and with the requirements of § 97.10( e)( 1).

* * * * *

( d) * * *

( 1) If a unit is subject to an Acid Rain emission limitation or if the owner or operator of the NOxNOx budget unit chooses to meet the annual reporting requirements of this subpart H, the NOxNOx authorized account representative shall submit a quarterly report for each calendar quarter beginning with:

( i) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. NOxThe NOx mass emission data shall be recorded and reported from the first hour on May 1, 2000;

or ( ii) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph ( d)( 1)( i) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. NOxThe NOx mass emission data shall be recorded and reported from the first hour on May 1, 2003;

or ( iii) For a unit that commences operation on or after January 1, 2003: 247 ( A) The calendar quarter in which the unit commences operation, if unit operation commences during a control period. NOxThe NOx mass emission data shall be recorded and reported from the date and hour when the unit commences operation; or ( B) The calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation, if the unit does not commence operation during a control period. NOxThe NOx mass emission data shall be recorded and reported from the first hour on May 1 of that control period; or ( iv) A calendar quarter before the quarter specified in paragraph ( d)( 1)( i), ( d)( 1)( ii), or ( d)( 1)( iii)( B) of this section, if the owner or operator elects to begin reporting early under § 97.70( c)( 3).

( 2) * * *

( ii) Submit quarterly reports, documenting NOxNOx mass emissions from the unit, only for the period from May 1 through September 30 of each year and including the data described in § 75.74( c)( 6) of this chapter. The NOxNOx authorized account representative shall submit such quarterly reports, beginning with:

( A) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. NOxThe NOx mass emission data shall 248 be recorded and reported from the first hour on May 1, 2000;

or ( B) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph ( d)( 2)( ii)( A)

of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. NOxThe NOx mass emission data shall be recorded and reported from the first hour on May 1, 2003;

or ( C) For a unit that commences operation on or after January 1, 2003 and during a control period, the calendar quarter in which the unit commences operation. NOxThe NOx mass emission data shall be recorded and reported from the date and hour when the unit commences operation; or ( D) For a unit that commences operation on or after January 1, 2003 and not during a control period, the calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation. NOxThe NOx mass emission data shall be recorded and reported from the first hour on May 1 of that control period.

* * * * *

§ 97 § 97.87 [ Amended].

22. Section 97.87 is amended by revising the second sentence of paragraph ( b)( 1)( iii)( A) by adding the word " be"

after the words " shall not".

23. Subpart J andconsisting of § 97.90 areis added to part 249 97 to read as follows:

Subpart J  Appeal Procedures § 97.90 Appeal Procedures.

The appeal procedures for the NOxNOx Budget Trading Program are set forth in part 78 of this chapter.


[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Page 42537]
[FR Doc No: 2013-16924]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4116-DR; Docket ID FEMA-2013-0001]

Illinois; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Illinois (FEMA-4116-DR), dated May 10, 2013, and
related determinations.

DATES: Effective Date: July 2, 2013.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Illinois is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 10, 2013.

    Putnam and Warren Counties for Individual Assistance (already
designated for Public Assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-16924 Filed 7-15-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49306-49307]
[FR Doc No: 2014-19666]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP14-1083-000]

Texas Gas Transmission, LLC; Notice of Technical Conference

    The Commission's July 31, 2014 Order in the above-captioned
proceeding \1\ directed that a technical conference be held to address
all issues raised by Texas Gas Transmission, LLC's (Texas Gas) July 1,
2014 filing.
---------------------------------------------------------------------------

    \1\ Texas Gas Transmission, LLC, 148 FERC ] 61,081 (2014) (July
31, 2014 Order).
---------------------------------------------------------------------------

    Take notice that a technical conference will be held on Tuesday,
September 30, 2014, at 10:00 a.m., in a room to be designated at the
offices of the Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    At the technical conference, Texas Gas should be prepared to
discuss all issues raised by its filing, including but not limited to
the concerns raised in the protests and comments.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For further
information please contact Andrew Knudsen at<PHONE_NUMBER> or email
<EMAIL_ADDRESS>

    Dated: August 13, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19666 Filed 8-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Pages 17136-17137]
[FR Doc No: 2011-7212]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2010-M-0519, FDA-2010-M-0556, FDA-2010-M-0558, FDA-
2010-M-0557, and FDA-2010-M-0591]

Medical Devices; Availability of Safety and Effectiveness
Summaries for Premarket Approval Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
premarket approval applications

(PMAs) to inform the public of the availability of safety and
effectiveness summaries of approved PMAs through the Internet and the
Agency's Division of Dockets Management.

ADDRESSES: Submit written requests for copies of summaries of safety
and effectiveness data to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. Please cite the appropriate docket number as listed in table
1 of this document when submitting a written request. See the
SUPPLEMENTARY INFORMATION section for electronic access to the
summaries of safety and effectiveness.

FOR FURTHER INFORMATION CONTACT: Nicole Wolanski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 1650, Silver Spring, MD 20993, 301-796-
6570.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of January 30, 1998 (63 FR 4571), FDA
published a final rule that revised 21 CFR 814.44(d) and 814.45(d) to
discontinue individual publication of PMA approvals and denials in the
Federal Register. Instead, the Agency now posts this information on the
Internet on FDA's home page at http://www.fda.gov. FDA believes that
this procedure expedites public notification of these actions because
announcements can be placed on the Internet more quickly than they can
be published in the Federal Register, and FDA believes that the
Internet is accessible to more people than the Federal Register.
    In accordance with section 515(d)(4) and (e)(2) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360e(d)(4) and
(e)(2)), notification of an order approving, denying, or withdrawing
approval of a PMA will continue to include a notice of opportunity to
request review of the order under section 515(g) of the FD&C Act. The
30-day period for requesting reconsideration of an FDA action under
Sec.  10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a
PMA begins on the day the notice is placed on the Internet. Section
10.33(b) provides that FDA may, for good cause, extend this 30-day
period. Reconsideration of a denial or withdrawal of approval of a PMA
may be sought only by the applicant; in these cases, the 30-day period
will begin when the applicant is notified by FDA in writing of its
decision.
    The regulations provide that FDA publish a quarterly list of
available safety and effectiveness summaries of PMA approvals and
denials that were announced during that quarter. The following is a
list of approved PMAs for which summaries of safety and effectiveness
were placed on the Internet from October 1, 2010, through December 31,
2010, and includes one denial action during this period. The list
provides the manufacturer's name, the product's generic name or the
trade name, and the date of action.

                                      Table 1--List of PMA Activity From October 1, 2010, Through December 31, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
              PMA No.                     Docket No.             Applicant                Trade name                        Date of action
--------------------------------------------------------------------------------------------------------------------------------------------------------
P100016...........................  FDA-2010-M-0556......  Aaren Scientific, Inc  EC-3 intraocular lens       Approved October 19, 2010.
                                                                                (IOL) and EC-3 precision
                                                                                aspheric lens (PAL) IOL.
P040005 (S005)....................  FDA-2010-M-0558......  Dako Denmark A/S.....  HER 2 FISH PharmDx kit....  Approved October 20, 2010.
P980018 (S010)....................  FDA-2010-M-0557......  Dako Denmark A/S.....  HercepTest kit............  Approved October 20, 2010.
P080009...........................  .....................  Ethicon Endo-Surgery,  SEDASYS computer-assisted   Denied October 27, 2010.
                                                            Inc.                   personalized sedation
                                                                                system.
P080018...........................  FDA-2010-M-0591......  Carestream Health,     Kodak DirectView CR         Approved November 3, 2010.
                                                            Inc.                   mammography system.
--------------------------------------------------------------------------------------------------------------------------------------------------------

II. Electronic Access

    Persons with access to the Internet may obtain the documents at
http://www.fda.gov/cdrh/pmapage.html.

    Dated: March 23, 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-7212 Filed 3-25-11; 8:45 am]
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