[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Rules and Regulations]
[Page 45485-45489]
[DOCID:fr03au10-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2010-0590; FRL-9184-6]

Determination of Attainment for PM10 for the Las Vegas Valley
Nonattainment Area, NV

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA has determined that the Las Vegas Valley nonattainment
area in Nevada attained the National Ambient Air Quality Standard
(NAAQS) for particulate matter with an aerodynamic diameter of less
than or equal to a nominal ten micrometers (PM10) by the
applicable attainment date (December 31, 2006), and that the Las Vegas
Valley nonattainment area is currently attaining the standard.

DATES: This action is effective on October 4, 2010 without further
notice,

unless EPA receives adverse comment by September 2, 2010. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0590, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or Deliver: Wienke Tax, Air Planning Office, EPA Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax at telephone number: (415)
947-4192, e-mail address<EMAIL_ADDRESS>or the above EPA, Region
IX address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Background
    A. PM10 NAAQS
    B. Designation and Classification of PM10
Nonattainment Areas
    C. How does EPA make attainment determinations?
    D. What is the attainment date for the Las Vegas Valley
PM10 nonattainment area?
    E. What PM10 planning has occurred for the Las Vegas
Valley PM10 nonattainment area?
II. EPA's Analysis
    A. What does the air quality data show as of the December 31,
2006 attainment date?
    B. Does more recent air quality data also show attainment?
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. PM10 NAAQS

    The NAAQS are levels for certain ambient air pollutants set by EPA
to protect public health and welfare. PM10, or particulate
matter with an aerodynamic diameter less than or equal to a nominal 10
micrometers, is among the ambient air pollutants for which EPA has
established health-based standards. On July 1, 1987 (52 FR 24634), EPA
promulgated two primary standards for PM10: A 24-hour
standard of 150 micrograms per cubic meter ([mu]g/m\3\) and an annual
PM10 standard of 50 [mu]g/m\3\. EPA also promulgated
secondary PM10 standards that were identical to the primary
standards.
    Effective December 18, 2006, EPA revoked the annual PM10
standard but retained the 24-hour PM10 standard. 71 FR 61144
(October 17, 2006). The 24-hour PM10 standard is attained
when the expected number of days per calendar year with a 24-hour
concentration in excess of the standard (referred to herein as
``exceedance''), as determined in accordance with 40 CFR part 50,
appendix K, is equal to or less than one.\1\ 40 CFR 50.6 and 40 CFR
part 50, appendix K.
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    \1\ An exceedance is defined as a daily value that is above the
level of the 24-hour standard (150 [mu]g/m\3\) after rounding to the
nearest 10 [mu]g/m\3\ (i.e., values ending in 5 or greater are to be
rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not be
an exceedance since it would be rounded to 150 [mu]g/m\3\ whereas a
recorded value of 155 [mu]g/m\3\ would be an exceedance since it
would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50, appendix K,
section 1.0.
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B. Designation and Classification of PM10 Nonattainment Areas

    Areas meeting the requirements of section 107(d)(4)(B) of the Clean
Air Act (CAA or the Act) were designated nonattainment for
PM10 by operation of law and classified ``moderate'' upon
enactment of the 1990 Clean Air Act Amendments. See generally 42 U.S.C.
7407(d)(4)(B). These areas included all former Group I PM10
planning areas identified in 52 FR 29383 (August 7, 1987), as further
clarified in 55 FR 45799 (October 31, 1990), and any other areas
violating the NAAQS for PM10 prior to January 1, 1989. A
Federal Register notice announcing the areas designated nonattainment
for PM10 upon enactment of the 1990 Amendments, known as
``initial'' PM10 nonattainment areas, was published on March
15, 1991 (56 FR 11101) and a subsequent Federal Register document
correcting the description of some of these areas was published on
August 8, 1991 (56 FR 37654). The Las Vegas Valley \2\ was one of these
initial moderate PM10 nonattainment areas.
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    \2\ Specifically, the Las Vegas Valley PM10
nonattainment area is defined by reference to State hydrographic
area 212. See 40 CFR 81.329. The Las Vegas Valley
encompasses roughly 1,500 square miles within Clark County and
includes the cities of Las Vegas, North Las Vegas, and Henderson.
Roughly two million people reside in Clark County, mostly within Las
Vegas Valley. NDEP is the state agency under state law that is
responsible for SIP matters for the State of Nevada. Within Clark
County, the Clark County Board of Commissioners, acting through the
Department of Air Quality and Environmental Management (DAQEM), is
empowered under state law to develop air quality plans and to
regulate stationary sources within the county with the exception of
certain types of power plants, which lie exclusively within the
jurisdiction of NDEP.
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    All initial moderate PM10 nonattainment areas had the
same applicable attainment date of December 31, 1994. States containing
initial moderate PM10 nonattainment areas were required to
develop and submit to EPA by November 15, 1991, a state implementation
plan (SIP) revision providing for implementation of reasonably
available control measures (RACM) for the control of PM10,
and either a demonstration that the plan would provide for attainment
by the applicable attainment date (December 31, 1994) or a
demonstration that attainment by such date was impracticable. See CAA
section 189(a).
    A moderate PM10 area could subsequently be reclassified
as ``serious'' either before the applicable moderate area attainment
date if EPA determines the area cannot ``practicably'' attain the
PM10 NAAQS by this attainment date, or

following the passage of the applicable moderate area attainment date
if EPA determines that the area has failed to attain the standard.
Effective February 8, 1993, EPA determined that Las Vegas Valley could
not ``practicably'' attain the PM10 NAAQS by December 31,
1994 (i.e., the applicable attainment date for initial moderate
PM10 nonattainment areas), and reclassified the area as
``serious.'' See 58 FR 3334 (January 8, 1993). Reclassification of Las
Vegas Valley to ``serious'' triggered deadlines for additional SIP
revisions and established a new applicable attainment date of (no later
than) December 31, 2001. See CAA section 188(c)(2).
    Section 188(e) of the Act authorizes EPA to extend the applicable
attainment date for serious PM10 nonattainment areas under
certain circumstances. In 2004, EPA approved the PM10
attainment plan for Las Vegas Valley and granted the State of Nevada's
request to extend the applicable attainment date from December 31, 2001
to December 31, 2006. See 69 FR 32273 (June 9, 2004).

C. How does EPA make attainment determinations?

    Section 188(b)(2) of the Act requires EPA to determine within six
months of the applicable attainment date whether, based on air quality
data, PM10 nonattainment areas attained the PM10
NAAQS by that date. Generally, EPA determines whether an area's air
quality is meeting the PM10 NAAQS based upon complete
(minimum of 75 percent of scheduled PM10 samples recorded),
quality-assured data gathered at established state and local air
monitoring stations (SLAMS) and national air monitoring stations (NAMS)
in the nonattainment area and entered into the EPA Air Quality System
(AQS) database. Data from air monitors operated by State/local/tribal
agencies in compliance with EPA monitoring requirements must be
submitted to AQS. EPA relies primarily on data in AQS when determining
the attainment status of an area. See 40 CFR 50.6; 40 CFR part 50,
appendix J; 40 CFR part 53; 40 CFR part 58, appendix A. EPA will also
consider air quality data from other air monitoring stations in the
nonattainment area provided that the stations meet the Federal
monitoring requirements for SLAMS, including the quality assurance and
quality control criteria in 40 CFR part 58, appendix A. 40 CFR 58.14
(2006) and 58.20 (2007); \3\ 71 FR 61236, 61242 (October 17, 2006). All
valid data are reviewed to determine the area's air quality status in
accordance with 40 CFR part 50, appendix K.
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    \3\ EPA promulgated amendments to the ambient air monitoring
regulations in 40 CFR parts 53 and 58 on October 17, 2006. See 71 FR
61236. The requirements for Special Purpose Monitors were revised
and moved from 40 CFR 58.14 to 40 CFR 58.20.
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    Attainment of the 24-hour PM10 standard is determined by
calculating the expected number of exceedances of the standard in a
year. The 24-hour standard is attained when the expected number of
exceedances averaged over a three-year period is less than or equal to
one at each monitoring site within the nonattainment area. Generally,
three consecutive years of air quality data are required to show
attainment of the 24-hour PM10 standard. See 40 CFR part 50
and appendix K.\4\
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    \4\ Because the annual PM10 standard was revoked
effective December 18, 2006, see 71 FR 61144 (October 17, 2006),
this document discusses only attainment of the 24-hour
PM10 standard.
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D. What is the attainment date for the Las Vegas Valley PM10
nonattainment area?

    As noted above, the original attainment date for the Las Vegas
Valley PM10 nonattainment area was December 31, 1994, but
was later extended, first to December 31, 2001, and later, to December
31, 2006. See 58 FR 3334 (January 8, 1993) and 69 FR 32273 (June 9,
2004).

E. What PM10 planning has occurred for the Las Vegas Valley PM10
nonattainment area?

    After Las Vegas Valley was designated nonattainment for
PM10, Clark County and NDEP began in the early 1990s to
prepare the technical elements needed to bring the area into attainment
and meet the planning requirements of title I of the CAA. NDEP
submitted a moderate area PM10 plan for the Las Vegas Valley
on December 6, 1991. Based on this submittal, EPA determined on January
8, 1993, that the Las Vegas Valley could not practicably attain the
PM10 NAAQS by the applicable attainment deadline for
moderate areas (December 31, 1994, per section 188(c)(1) of the Act),
and reclassified the Las Vegas Valley as serious (58 FR 3334).
    In response to the area's reclassification as a ``serious''
PM10 nonattainment area, Clark County prepared and, and NDEP
submitted, a serious area PM10 plan in 1997 that EPA
subsequently proposed to disapprove, along with the previously
submitted plan. See 65 FR 37324 (June 14, 2000). However, NDEP
submitted a revised serious area PM10 plan in July 2001,
which EPA later approved. 69 FR 32273 (June 9, 2004). Among the various
serious area SIP elements approved by EPA in 2004 are the best
available control measures (BACM) demonstration under CAA section
189(b)(1)(B), the most stringent measures (MSM) demonstration under CAA
section 188(e), and various Clark County air pollution control rules
regulating such fugitive dust sources as open areas, unpaved roads, and
construction activities.

II. EPA's Analysis

A. What does the air quality data show as of the December 31, 2006
attainment date?

    Clark County DAQEM is responsible for monitoring ambient air
quality within Clark County. DAQEM submits monitoring network plan
reports to EPA on an annual basis. These reports discuss the status of
the air monitoring network, as required under 40 CFR part 58. Beginning
in 2007, EPA reviews these annual plans for compliance with the
applicable reporting requirements in 40 CFR 58.10. With respect to
PM10, we have found DAQEM's annual network plans to meet the
applicable requirements under 40 CFR part 58. See EPA letters to DAQEM
concerning DAQEM's annual network plan reports for years 2007, 2008,
and 2009. Furthermore, we concluded in our Technical System Audit
Report (February 2010) that Clark County DAQEM's ambient air monitoring
network currently meets or exceeds the requirements for the minimum
number of monitoring sites designated as SLAMS for all of the criteria
pollutants, and that all of the monitoring sites are properly located
with respect to monitoring objectives, spatial scales and other site
criteria.
    Clark County DAQEM currently operates nine PM10 SLAMS
monitoring sites within Las Vegas Valley: Craig Road (North Las Vegas),
Green Valley (Henderson), J.D. Smith School (North Las Vegas), Joe Neal
(northwest Las Vegas), Lone Mountain (northwest Las Vegas), Orr School
(central-southeast Las Vegas), Paul Meyer Park (southwest Las Vegas),
Palo Verde School (west Las Vegas), Sunrise Acres School (central Las
Vegas), and Walter Johnson (west Las Vegas). All nine sites monitor
PM10 concentrations on a continuous basis using Beta
Attenuation Monitors (BAMs). See Clark County DAQEM's Annual Network
Plan Report (June 2010). Most of the sites are sited to provide
PM10 concentration data at a

neighborhood scale \5\ for the purpose of determining population
exposure. The Craig Road site, however, is intended to capture the
highest PM10 concentrations in Las Vegas Valley (i.e., at
the neighborhood scale), and Green Valley and Palo Verde are intended
to represent middle scale \6\ conditions.
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    \5\ In this context, ``neighborhood scale'' refers to conditions
throughout some reasonably homogeneous urban sub-region with
dimensions of a few kilometers. See 40 CFR part 58, appendix D,
section 4.6.
    \6\ In this context, ``middle scale'' refers to conditions
characteristic of areas from 100 meters to several kilometers.
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    In Table 1, below, we present a summary of AQS data collected at
the nine PM10 sites currently in operation, as well as two
sites (City Center in Las Vegas and Southeast Valley in Henderson),
which have closed since 2006, and two sites (East Sahara in central Las
Vegas and Walter Johnson in west Las Vegas), which no longer monitor
PM10. As shown in Table 1, only one PM10
exceedance was measured at any of the monitoring sites over the 2004-
2006 period.

                      Table 1--Summary of Las Vegas Valley PM10 Monitoring Data, 2004-2006
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                                            Highest 24-hour PM10 concentration ([mu]g/m \3\)        Expected
                                         ------------------------------------------------------  exceedances per
             Monitoring site                                                                          year
                                                2004              2005              2006       -----------------
                                                                                2004-2006
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City Center \*\.........................                84                70                95               0.0
Craig Road..............................               151               149               157               0.4
East Sahara \*\.........................                89                99                93               0.0
Green Valley............................                84                79                97               0.0
J.D. Smith..............................               122               144               136               0.0
Joe Neal................................               135               124               122               0.0
Lone Mountain...........................                58                55                82               0.0
Orr.....................................                88                75                94               0.0
Paul Meyer..............................                86                70               100               0.0
Palo Verde..............................                65                46                69               0.0
Southeast Valley \*\....................               119                84                77               0.0
Sunrise Acres...........................                72               120               113               0.0
Walter Johnson \*\......................                64                56               106               0.0
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PM10NAAQS = 150 [mu]g/m\3\. Exceedances shown in bold type.
\*\ Site is no longer in operation or is no longer monitoring PM10

    Based on a review of air quality data during the three-year period
ending with the December 31, 2006 attainment date (and summarized above
in table 1), we find that the expected number of exceedances per year
for Las Vegas Valley for 2004-2006 is 0.4 days per year (based on the
Craig Road monitoring site, the only one measuring an exceedance). This
is less than an annual expected exceedance rate for the 24-hour
PM10 NAAQS of 1.0 and represents attainment of the standard.
EPA has therefore determined that the Las Vegas Valley PM10
nonattainment area attained the PM10 NAAQS by the applicable
attainment date of December 31, 2006.

B. Does more recent air quality data also show attainment?

    Although the attainment date for the Las Vegas Valley
PM10 nonattainment area is December 31, 2006, EPA has also
reviewed the air quality data collected at Clark County DAQEM's
PM10 monitoring sites in Las Vegas Valley from January 2007
through the first quarter of 2010. During this period, the only
exceedances of the 150 [mu]g/m\3\ 24-hour standard occurred at the
Craig Road site, which monitored 24-hour concentrations of 203 and 168
[mu]g/m\3\ in 2008, but given the continuous nature of PM10
monitoring at the site, the annual expected exceedance rate, averaged
over three years, has not exceeded 1.0. Thus, the data continue to show
attainment of the 24-hour PM10 NAAQS in Las Vegas Valley
since the end of 2006.

III. EPA's Final Action

    Under section 188(b)(2) of the Clean Air Act, and based on
complete, quality-assured data, we find that the Las Vegas Valley
PM10 nonattainment area attained the 24-hour PM10
NAAQS by the applicable attainment date (December 31, 2006). We also
find that the Las Vegas Valley nonattainment area is currently
attaining the PM10 standard. This action is not a
redesignation to attainment under CAA section 107(d)(3) because we have
not yet approved a maintenance plan as meeting the requirements of
section 175A of the CAA or determined that the area has met the other
CAA requirements for redesignation. The PM10 classification
and designation status in 40 CFR part 81 will remain serious
nonattainment for Las Vegas Valley until such time as the State of
Nevada meets the CAA requirements for redesignation of the valley to
attainment.
    We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal should adverse comments be filed. This
action will be effective October 4, 2010, without further notice unless
the EPA receives relevant adverse comments by September 2, 2010.
    If we receive such comments, then we will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. We will not
institute a second comment period. Parties interested in commenting
should so at this time. If no such comments are received, the public is
advised that this rule will be effective on October 4, 2010 and no
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    This action merely makes a determination based on air quality data
and does not impose any additional

Federal requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997); is not a significant regulatory action subject
to Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 4, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Particulate matter, Wilderness areas.

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

    Dated: July 21, 2010.
Keith Takata,
Acting Regional Administrator, EPA Region IX.
[FR Doc. 2010-19061 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26027-26028]
[FR Doc No: 2013-10537]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9008-9]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 04/22/2013 Through 04/26/2013,
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

SUPPLEMENTARY INFORMATION: Due to EPA's agency-wide furlough day on
Friday, May 24th and the Federal holiday on Monday, May 27th, all EISs
must be filed with EPA by Thursday, May 23rd by 5:00 pm eastern time
for publication under a Notice of Availability in the Federal Register
for Friday, May 31st.
EIS No. 20130109, Draft EIS, USFS, MT, Stonewall Vegetation Project,
Comment Period Ends: 06/17/2013, Contact: Amber Kamps<PHONE_NUMBER>.
EIS No. 20130110, Final EIS, USA, CA, Presidio of Monterey Real
Property Master Plan, Review Period Ends: 06/02/2013, Contact: Lawrence
Hirai<PHONE_NUMBER>.
EIS No. 20130111, Final EIS, NPS, OH, Cuyahoga Valley National Park
Trail Management Plan, Review Period Ends: 06/02/2013, Contact: Stan
Austin<PHONE_NUMBER>.
EIS No. 20130112, Draft EIS, FHWA, MO, South County Connector, Comment
Period Ends: 07/19/2013, Contact: Raegan Ball<PHONE_NUMBER>.
EIS No. 20130113, Final EIS, FHWA, OR, OR 62: I-5 to Dutton Road,
Contact: Michelle Eraut<PHONE_NUMBER>.

    Under MAP-21 section 1319, FHWA has issued a single FEIS and ROD.
Therefore, the 30-day wait/review period under NEPA does not apply to
this action.

EIS No. 20130114, Draft EIS, FEMA, CA, East Bay Hills Hazardous Fire
Risk Reduction, Comment Period Ends: 06/17/2013, Contact: Alessandro
Amaglio<PHONE_NUMBER>.
EIS No. 20130115, Draft EIS, DOE, IL, FutureGen 2.0 Project, Comment
Period Ends: 06/17/2013, Contact: Cliff Whyte<PHONE_NUMBER>.
EIS No. 20130116, Draft EIS, NPS, TX, Big Thicket National Preserve
General Management Plan, Comment Period Ends: 07/01/2013, Contact: Erin
Flanagan<PHONE_NUMBER>.
EIS No. 20130117, Final EIS, USACE, FL, Central Florida Phosphate
District Phosphate Mining, Review Period Ends: 06/03/2013, Contact:
John Fellows<PHONE_NUMBER>.
EIS No. 20130118, Draft EIS, BLM, ID, Jump Creek, Succor Creek, and Cow
CreekWatersheds Grazing Permit Renewal, Comment Period Ends: 06/17/
2013, Contact: Jake Vialpando<PHONE_NUMBER>.
EIS No. 20130119, Draft EIS, USFS, OR, Mt. Hood Meadows Parking
Improvements (Twilight Parking Lot and Sunrise Maintenance Shop),
Comment Period Ends: 06/17/2013, Contact: Jennie O'Connor Card 541-352-
1255.
EIS No. 20130120, Final EIS, USFS, AZ, Rim Lakes Forest Restoration
Project, Amendment to the Apache-Sitgreaves National Forests Land and
Resource Management Plan, Review Period Ends: 06/03/2013, Contact:
Christopher James<PHONE_NUMBER>.
EIS No. 20130121, Second Draft Supplement, NRC, NH, NUREG-1437, License
Renewal of Nuclear Plants, Supplement 46, Regarding Seabrook Station,
Comment Period Ends: 06/30/2013, Contact: Lois M. James<PHONE_NUMBER>.
EIS No. 20130122, Final EIS, MARAD, AL, ADOPTION--Garrows Bend
Intermodal Rail, portion of the Choctaw Point Terminal Project, Review
Period Ends: 06/03/2013, Contact: Kris Gilson<PHONE_NUMBER>.

    The U.S. Department of Transportation's Maritime Administration
(MARAD) has adopted the U.S. Army Corps of Engineers FEIS
20040381, filed 08/10/2004.The MARAD was not a cooperating
agency. Therefore, recirculation is necessary under Section 1506.3(b)
of the CEQ Regulations.

Amended Notices

EIS No. 20130045, Draft EIS, USACE, 00, Update of the Water Control
Manual for the Alabama-Coosa-Tallapoosa River Basin in Georgia and
Alabama, Comment Period Ends: 05/31/2013, Contact: Lewis Sumner 251-
694-3857. Revision to FR Notice Published 03/01/2013; Extending Comment
Period from 05/01/2013 to 5/31/2013.
EIS No. 20130072, Final EIS, FHWA, AR, River Valley Intermodal
Facilities, Review Period Ends: 05/13/2013, Contact: Randal Looney 501-
324-6430.

    The U.S. Department of the Army's Corps of Engineers has adopted
the U.S. Department of Transportation's Federal Highway
Administration's FEIS 20130072, filed 03/21/2013. The U.S.
Army Corps of Engineers was a cooperating agency to the project.
Recirculation of the document is not necessary under 1506.3(c) of the
CEQ Regulations.

    Dated: April 30, 2013.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2013-10537 Filed 5-2-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Page 27944]
[FR Doc No: 2015-11773]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13570-002]

Warmsprings Irrigation District; Notice of Effectiveness of
Withdrawal of License Application

    On April 15, 2013, the Warmsprings Irrigation District (District)
filed a license application for an original major project--existing dam
for the proposed Warm Springs Dam Hydroelectric Project No. 13570-002.
On April 14, 2015, the District filed a letter informing the Commission
that it was withdrawing its license application for the project due to
unforeseen costs to connect to the grid.
    No motion in opposition to the notice of withdrawal has been filed,
and the Commission has taken no action to disallow the withdrawal.
Pursuant to Rule 216(b) of the Commission's Rules of Practice and
Procedure, the withdrawal of the application became effective April 29,
2015 and this proceeding is hereby terminated.\1\
---------------------------------------------------------------------------

    \1\ 18 CFR 385.216(b) (2014).

    Dated: May 11, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11773 Filed 5-14-15; 8:45 am]
 BILLING CODE 6717-01-P


 MEMORANDUM

DATE:06/25/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Goal Computation Call with the State of Colorado held on 06/23/2014

SUMMARY:         EPA Headquarters and Region 8 staff discussed the computation of the State of Colorado goal under the proposed Clean Power Plan for Existing Power Plants on 06/23/2014. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES:

EPA HQ:  Kevin Culligan, Travis Johnson, Jan Cortelyou, and Brian Fisher EPA Region 8: Laura Farris, Mark Komp Colorado Department of Public Health and Environment: Dena Wojtach, Curtis Taipale

ATTACHMENTS Discussion Questions


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16934-16938]
[FR Doc No: 2017-06897]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0370; EPA-R05-OAR-2016-0371; FRL-9960-90-Region 5]

Air Plan Approval; Indiana; Base Year Emissions Inventory and
Emissions Statement Rule Certification for Lake and Porter Counties for
the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) submissions from the Indiana Department
of Environmental Management (IDEM), both dated June 15, 2016. The first
addresses emissions inventory requirements for the Indiana portion of
the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) ozone
nonattainment area under the 2008 ozone National Ambient Air Quality
Standard (NAAQS). The Clean Air Act (CAA) requires emissions
inventories for all ozone nonattainment areas. The documented emissions
inventory included in Indiana's June 15, 2016, submission meets this
CAA requirement. The second submission provides Indiana's certification
that its existing Emissions Reporting Rule, previously approved by EPA
under a prior ozone standard, satisfies the CAA emissions statement
rule requirement for Lake and Porter Counties under the 2008 ozone
standard.

DATES: This direct final rule will be effective June 6, 2017, unless
EPA receives adverse comments by May 8, 2017. If adverse comments are
received by EPA, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0370 (Emissions Statement) or by Docket ID No. EPA-R05-OAR-
2016-0371 (Emissions Inventory) at http://www.regulations.gov or via
email to<EMAIL_ADDRESS>For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing

system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement
Rule Requirements
II. Indiana's Emissions Inventory
III. Indiana's Emissions Statement Rule Certification
IV. EPA's Evaluation
V. Final Action
VI. Statutory and Executive Order Reviews

I. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement
Rule Requirements

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). On
July 20, 2012, EPA designated nonattainment areas for the 2008 ozone
NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 2012). The
Chicago-Naperville, IL-IN-WI area was designated as a marginal
nonattainment area for the 2008 ozone NAAQS. The Indiana portion of
this ozone nonattainment area consists of Lake and Porter Counties.

A. Emissions Inventories

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
comprehensive, accurate, and complete emissions inventories for all
areas designated as nonattainment for the ozone NAAQS. An emissions
inventory for ozone is an estimation of actual emissions of air
pollutants that contribute to the formation of ozone in an area. Ozone
is a gas that is formed by the reaction of Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX) in the atmosphere in the
presence of sunlight (VOC and NOX are referred to as ozone
precursors). Therefore, an emissions inventory for ozone covers the
emissions of VOC and NOX within an ozone nonattainment area.
VOC is emitted by many types of pollution sources, including power
plants, industrial sources, on-road and off-road mobile sources,
smaller stationary sources, collectively referred to as area sources,
and biogenic sources.\1\ NOX is primarily emitted by
combustion sources, both stationary and mobile.
---------------------------------------------------------------------------

    \1\ Biogenic emissions are produced by living organisms and are
typically not included in the base year emission inventories, but
are considered in ozone modeling analyses, which must consider all
emissions in a modeled area.
---------------------------------------------------------------------------

    The emissions inventory provides emissions data for a variety of
air quality planning tasks, including establishing baseline emission
levels for calculating emission reduction targets needed to attain the
NAAQS and for calculating emission reduction targets needed to meet
Reasonable Further Progress (RFP) requirements, determining emission
inputs for ozone air quality modeling analyses, and tracking emissions
over time to determine progress toward achieving air quality and
emission reduction goals. As stated above, the CAA requires the states
to submit emissions inventories for areas designated as nonattainment
for ozone.
    For the 2008 ozone NAAQS, EPA has recommended that states use 2011
as a base year for the emissions estimates (78 FR 34178, 34190, June 6,
2013). However, EPA also allows states to submit base year emissions
for other years during a recent ozone standard violation period. States
are required to submit estimates of VOC and NOX emissions
for four general classes of anthropogenic sources in their emissions
inventories: Stationary point sources; area sources; on-road mobile
sources; and off-road mobile sources.

B. Emissions Statement Rules

    Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NOX or
VOC to provide the state with an annual statement documenting the
actual emissions of NOX and VOC from their source. Under
section 182(a)(3)(B)(ii), a state may waive the emissions statement
requirement for any class or category of stationary sources which emits
less than 25 tons per year of VOC or NOX if the state, in
its base year emissions inventory, provides an inventory of emissions
from such class or category of sources. States and EPA have generally
interpreted this waiver provision to apply to sources (without
specification of a specific source class or source category) emitting
less than 25 tons per year of VOC or NOX.
    Many states adopted these emissions statement rules for the 1-hour
ozone NAAQS. For these states, EPA is accepting certifications that
their previously adopted emissions statement rules remain in place and
are adequate to meet the emissions statement rule requirement under the
2008 ozone standard.

II. Indiana's Emissions Inventory

    On June 15, 2016, IDEM submitted an ozone redesignation request for
Lake and Porter Counties for the 2008 ozone NAAQS. Included in this
request was documentation of a 2011 VOC and NOX base year
emissions inventory for Lake and Porter Counties intended to meet the
emissions inventory requirement of CAA section 182(a)(1). Preliminary
monitoring data for 2016 indicates that the Chicago-Naperville, IL-IN-
WI area is violating the 2008 ozone standard with 2014-2016 data.
Therefore, EPA is not taking action on the ozone redesignation request
portion of this June 15, 2016, submittal at this time. We are, however,
proceeding with rulemaking on the base year VOC and NOX
emissions inventory portion of the submittal.
    Table 1 summarizes the 2011 VOC and NOX emissions for
Lake and Porter Counties in units of tons of emissions per ozone season
\2\ day documented in Indiana's submittal.
---------------------------------------------------------------------------

    \2\ The ozone season is the portion of the year in which high
ozone concentrations may be expected in a given area. For Lake and
Porter Counties, the ozone season is March through October.

                           Table 1--Lake and Porter Counties 2011 Emissions Inventory
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                   County                              Source Category                  NOX             VOC
----------------------------------------------------------------------------------------------------------------
Lake.......................................  Electric Generating Unit (EGU).....           24.62            0.44

Lake.......................................  Non-EGU Point Source...............           43.10           15.39
Lake.......................................  Area Source........................            5.80           12.54
Lake.......................................  On-Road Mobile.....................           24.01            8.89
Lake.......................................  Non-Road Mobile....................            8.07            7.55
Porter.....................................  EGU................................            5.53            0.19
Porter.....................................  Non-EGU Point Source...............           23.36            1.68
Porter.....................................  Area Source........................            3.89            5.53
Porter.....................................  On-Road Mobile.....................           10.02            3.71
Porter.....................................  Non-Road Mobile....................            4.62            6.64
                                                                                -------------------------------
    Totals.................................  ...................................          153.02           62.56
----------------------------------------------------------------------------------------------------------------

    Indiana estimated emissions for all source categories, except on-
road mobile sources, using annual emissions data contained in EPA's
2011 National Emissions Inventory (NEI) database. To document the
derivation of these emissions data, IDEM included EPA's ``Technical
Support Document (TSD) Preparation of Emissions Inventories for the
Version 6.2 2011 Emissions Modeling Platform'' (August 2015) in the
June 15, 2016, submittal. The Ozone NAAQS Emissions Modeling Platform
(2011v6.2) was used by EPA to collect or estimate emissions data for
the 2011 NEI.
    For point sources (EGUs and non-EGUs), IDEM calculates and stores
emissions data annually in the state's Emissions Inventory Tracking
System (EMITS) and annually collects such data through Indiana's
Emissions Statement program. The point source data for 2011 were
submitted through the Emissions Inventory System (EIS) gateway to the
2011 NEI. The EPA has supplemented the point source data in the 2011
NEI using emissions data from other databases, such as the Clean Air
Markets emissions database.
    The area source emissions in the 2011 NEI were developed by the
EPA, with comments provided by the states.
    Non-road mobile source emissions data were developed by the EPA
using the National Mobile Inventory Model (NMIM).
    On-road mobile source emissions were supplied by the Northwest
Indiana Regional Planning Commission (NIRPC) and were developed using
EPA's Motor Vehicle Emission Simulator, version 2014 (MOVES2014),
emissions model and traffic data provided by the Indiana Department of
Transportation (INDOT).
    All annual emissions data were temporally allocated to ozone season
days using temporal files found in EPA's Modeling Clearinghouse, http://www3.eap.gov/ttn/chief/emch/index.html.
    It is noted that, in addition to documenting county emissions
totals, IDEM has also listed VOC and NOX emissions by Source
Classification Code (SCC) and emissions from specific major source
facilities (point sources).

III. Indiana's Emissions Statement Rule Certification

    On June 15, 2016, through a separate submittal, IDEM submitted a
certification letter confirming that Indiana's existing Emissions
Reporting Rule is currently being implemented and is adequate to meet
the CAA section 182(a)(3)(B) emissions reporting requirement. IDEM
noted that the Emissions Reporting Rule, 326 Indiana Administrative
Code (IAC) 2-6, was adopted by Indiana's Air Pollution Control Board
(APCB) on December 3, 2003. This rule is part of Indiana's SIP. The
rule requires sources located in Lake and Porter Counties that emit
either NOX or VOC equal to or greater than 25 tons per year
to annually report their actual emissions to IDEM.
    IDEM has certified in its June 15, 2016, letter that 326 IAC 2-6
satisfies CAA section 182(a)(3)(B) emissions reporting requirements for
Lake and Porter Counties for the 2008 ozone NAAQS. Included with the
certification letter is a copy of rule 326 IAC 2-6.

IV. EPA's Evaluation

A. Emissions Inventory

    In accordance with sections 172(c)(3) and 182(a)(1) of the CAA,
Indiana's submittal contains a comprehensive, accurate, and current
inventory of actual VOC and NOX emissions for all relevant
sources in Lake and Porter Counties. The state documented the general
procedures used to estimate the ozone season day emissions for each of
the major source categories and for SCCs and point source facilities.
IDEM provided detailed model input data used to derive on-road
emissions. The documentation of the emissions estimation procedures and
data sources has been determined to be adequate.
    IDEM has submitted evidence that it provided the public with an
opportunity to request a public hearing and to comment on the material
contained in the June 15, 2016, submittal. A public hearing was not
requested and IDEM received no comments on the submission. Therefore,
the state has complied with public notice and review requirements of
the CAA.
    Based on the adequacy of the emissions inventories documentation
and on the evidence that the public has been given an opportunity to
comment on the emissions inventories, the base year emissions
inventories are approvable.

B. Emissions Statement Rule

    EPA approved Indiana's emissions statement rule, 326 IAC 2-6, into
the Indiana SIP on March 27, 2007 (72 FR 14678), and it is currently
being implemented. The rule requires sources of VOC and NOX
in Lake and Porter Counties to annually report these emissions to the
state if the sources emit VOC or NOX equaling or exceeding
25 tons per year. In addition, it is noted that Indiana typically
reports point source emissions to the NEI with source cutoffs well
below 25 tons per year, covering VOC and NOX emissions from
sources that are not required to submit annual emissions statements.
Therefore, Indiana's rule 326 IAC 2-6 meets the requirements of CAA
section 182(a)(3)(B) and is approvable.

V. Final Action

    EPA is approving the emissions inventory submitted by Indiana and
specified in Table 1 above as meeting the requirements of sections
172(c)(3) and 182(a)(1) of the CAA for Lake and Porter Counties for the
2008 ozone NAAQS. We are also approving Indiana's certification that
the state has an emissions statement rule in its SIP for VOC and
NOX stationary sources in

Lake and Porter Counties, in accordance with the CAA section
182(a)(3)(B).
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 6, 2017
without further notice unless we receive relevant adverse written
comments by May 8, 2017. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that, if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective June
6, 2017.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: March 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.777 is amended by adding paragraphs (vv) and (ww) to read
as follows:

Sec.  Sec.  52.777  Control strategy: photochemical oxidents
(hydrocarbons).

* * * * *
    (vv) On June 15, 2016, Indiana submitted 2011 volatile organic
compounds and oxides of nitrogen emissions inventories for the Indiana
portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin
nonattainment area for the 2008 ozone national ambient air quality
standard as a revision of the Indiana state implementation plan. The
documented emissions inventories are approved as a revision of the
state's implementation plan.
    (ww) On June 15, 2016, Indiana submitted a certification that
sources of volatile organic compounds or oxides of nitrogen located in
Lake and Porter Counties are required to annually submit statements
documenting these emissions to the state. This certification

is approved as a revision to the state's implementation plan.

[FR Doc. 2017-06897 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Page 41080]
[FR Doc No: 2018-17783]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1896]

Quality Metrics Site Visit Program for Center for Drug Evaluation
and Research and Center for Biologics Evaluation and Research Staff;
Information Available to Industry; Extension of the Proposal Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; extension of the proposal period.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
extending the proposal period for the ``Quality Metrics Site Visit
Program for Center for Drug Evaluation and Research and Center for
Biologics Evaluation and Research Staff,'' published in the Federal
Register of June 29, 2018. FDA is extending the proposal period to
allow interested persons additional time to submit an electronic or
written proposal.

DATES: FDA is extending the proposal period on the notice published
June 29, 2018 (83 FR 30751). Submit either an electronic or written
proposal by December 17, 2018 directly to Tara Gooen Bizjak or Stephen
Ripley (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Tara Gooen Bizjak, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2109, Silver Spring, MD 20993-0002, 301-
796-3257, email: [email protected], or Stephen Ripley, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 29, 2018 (83 FR 30751), FDA
announced the availability of a notice for industry entitled ``Quality
Metrics Site Visit Program for Center for Drug Evaluation and Research
and Center for Biologics Evaluation and Research Staff.'' Interested
persons were originally given until August 28, 2018, to submit a
proposal to the Quality Metrics Site Visit Program per the notice. The
Agency believes that extending the proposal period for an additional
120 days from the date of publication of this notice will allow
adequate time for interested persons to submit proposals for FDA's
consideration. The Site Visit Program is to provide experiential and
firsthand learning opportunities to FDA staff involved in the
development of the FDA Quality Metrics Program and to provide
stakeholders with an opportunity to explain the advantages and
challenges associated with implementing and managing a robust Quality
Metrics Program. The program and information to be included in the
proposal are explained more fully in the original notice.

II. Electronic Access

    Persons with access to the internet may obtain the information
about the FDA Quality Metrics for Drug Manufacturing Program, including
this Quality Metric Site Visit Program, at https://www.fda.gov/drugs/developmentapprovalprocess/manufacturing/ucm526869.htm.

    Dated: August 10, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17783 Filed 8-16-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69879-69881]
[FR Doc No: 2010-28737]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0879]

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), Elizabeth River, Southern Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Gilmerton (US13/460) Bridge across the Elizabeth River (Southern
Branch), AIWW mile 5.8, at Chesapeake, VA. This deviation will test a
change to the drawbridge operation schedule to determine whether a
schedule change is needed. This deviation will allow the bridge to
remain in the closed position for certain vessels for longer morning
and evening rush hour periods during the weekdays and will implement
scheduled bridge openings between the rush hours and on the weekends.

DATES: This deviation is effective from 6:30 a.m. on December 20, 2010
through 6:30 p.m. on June 18, 2011.
    Comments and related material must be received by the Coast Guard
on or before April 18, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0879 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Bill H. Brazier, Bridge Management Specialist,
Fifth Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0879), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-0879,''
click ``Search,'' and then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0879'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Basis and Purpose

    The City of Chesapeake, Virginia (the City), who owns and operates
the lift-type Gilmerton (US13/460) Bridge, has requested a temporary
deviation to the existing bridge regulations. The normal operating
schedule requires the Gilmerton (US13/460) Bridge, at AIWW mile 5.8 in
Chesapeake, with a vertical clearance of seven feet above mean high
tide in the closed position, to open on signal at anytime for
commercial vessels carrying liquefied flammable gas or other hazardous
materials. From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draw need not open
for the passage of recreational or commercial vessels; except the draw
shall open any time for commercial cargo vessels, including tugs, and
tugs with tows, if two hours advance notice is given to the Gilmerton
Bridge at<PHONE_NUMBER>. In addition, the draw shall open on signal at
all other times as required by 33 CFR 117.995(c). The current operating
schedule has been in effect since November 17, 2003.
    The Gilmerton Bridge Replacement project, which has been underway
since November 2009, will provide a new vertical-lift type bridge over
the Southern Branch of the Elizabeth River to replace the existing
bridge that was constructed in 1938.
    Due to the construction for the new Gilmerton (US13/460) Bridge,
traffic is limited to one lane in each direction for the next three
years. This test deviation will allow the City to monitor, measure, and
identify congested roadway locations during heavy traffic periods. By
expanding the morning and evening rush hour periods on the weekdays and
implementing scheduled bridge openings between the rush hour periods
and on the weekends, we anticipate a decrease in vehicular traffic
congestion during the daytime hours.
    During this test deviation, the City will gather data from the
scheduled openings, along with vessel counts, to compare, evaluate, and
monitor both old and new traffic patterns in hope of reducing roadway
congestion on the bridge and local commuting area by adjusting bridge
openings to ensure any future regulation will not have a significant
impact on navigation. Vessel traffic on this waterway consists of
pleasure craft, tug and barge traffic, and ships with assist tugs.
There are no alternate routes for vessels transiting this section of
the Atlantic Intracoastal Waterway and the drawbridge will be able to
open in the event of an emergency.
    According to records furnished by the City, there were a total of
6,195 bridge openings and 12,498 vessel passages occurring at the
drawbridge between September 2009 and September 2010. (See Table A)

                                                                         Table A
--------------------------------------------------------------------------------------------------------------------------------------------------------
   2009        2009        2009        2009        2010        2010        2010        2010        2010        2010        2010        2010       2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
    SEP         OCT         NOV         DEC         JAN         FEB         MAR         APR         MAY         JUN         JUL        AUG        SEP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    BRIDGE OPENINGS FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     551         621         549         503         299         284         317         476         639         616         459        365        516
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     BOAT PASSAGES FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     892       1,858       1,361         645         406         392         478         967       1,770       1,408         791        628        902
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under normal conditions, the Gilmerton (US13/460) Bridge is a vital
transportation route for over 35,000 motorists per day. According to
recent vehicular traffic counts submitted by the City, the average
daily traffic volume decreased at the Gilmerton (US13/460) Bridge to
approximately 20,000 cars a day. Due to construction, the I-64 High
Rise Bridge is the suggested alternate route for motorists. Even with
the alternative vehicular route, the Coast Guard anticipates a
continued increase in vehicular traffic congestion over the Gilmerton
(US13/460) Bridge due to the previously referenced vehicular traffic
limitations.
    A Notice of Proposed Rulemaking, USCG-2010-0879, is being issued in
conjunction with this Temporary Deviation to obtain additional public
comments. The proposed rule will be in effect for three years until
December 20, 2013.
    The Coast Guard will evaluate public comments from this Test
Deviation and the above-referenced Notice of Proposed Rulemaking to
determine if a temporary change to the drawbridge operating regulation
at 33 CFR 117.997(c) is warranted.
    From 6:30 a.m. on December 20, 2010 through 6:30 p.m. on June 18,
2011, the draw of the Gilmerton (US13/460) Bridge, at AIWW mile 5.8,
shall open on signal at any time for commercial vessels carrying
liquefied flammable gas or other hazardous materials. From 6:30 a.m. to
9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Friday,
except Federal holidays, the draw need not open for the passage of
recreational

or commercial vessels; except the draw shall open anytime for
commercial cargo vessels, including tugs, and tugs with tows, if two
hours advance notice is given to the Gilmerton Bridge at (757) 545-
1512.
    From 9:30 a.m. to 3:30 p.m. Monday through Friday and from 6:30
a.m. to 6:30 p.m. Saturdays, Sundays and Federal holidays, the draw
shall open on signal hourly on the half hour; except the draw shall
open anytime for commercial cargo vessels, including tugs, and tugs
with tows, if two hours advance notice is given to the Gilmerton Bridge
at<PHONE_NUMBER>. At all other times, the draw shall open on signal.
    We anticipate a decrease in vehicular traffic congestion at the
bridge, with no impact to vessels passing under the bridge in the
closed position; however we foresee slight delays to vessels while
transitioning to the new test opening schedule.
    This test deviation has been coordinated with the main commercial
waterway user group, specifically, the Virginia Maritime Association
who represents waterborne commerce in the Port of Hampton and there is
no expectation of any significant impacts on navigation. Vessels with a
mast height of less than seven feet can pass underneath the bridge in
the closed position. There are no alternate waterway routes.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 2, 2010.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2010-28737 Filed 11-15-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Notices]
[Page 57710]
[FR Doc No: 2022-20363]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4663-DR; Docket ID FEMA-2022-0001]

Kentucky; Amendment No. 11 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security (DHS).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4663-DR), dated July 29, 2022,
and related determinations.

DATES: This amendment was issued September 2, 2022.

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 Commonwealth of Kentucky 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 July 29, 2022.

    Lee County for Individual Assistance (already designated for
Public Assistance).

    Casey and Harlan Counties 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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-20363 Filed 9-20-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59530-59531]
[FR Doc No: 2023-18586]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2023-0012; OMB No. 1660-0113]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; FEMA Preparedness Grants: Tribal Homeland
Security Grant Program (THSGP)

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of renewal and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning the FEMA Preparedness Grants: Tribal Homeland Security Grant
Program (THSGP). The THSGP investment justification allows Indian
Tribes to apply for Federal funding to support efforts to achieve
target capabilities related to preventing, preparing for, protecting
against, or responding to acts of terrorism.

DATES: Comments must be submitted on or before September 28, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C St. SW, Washington, DC 20472,
email address: [email protected] or
Cornelius Jackson, Preparedness Officer, FEMA Grant Programs
Directorate, at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of the THSGP is to make grants
available to Federally-recognized ``directly eligible tribes'', as
defined by the Homeland Security Act, and to provide Tribes with the
ability to develop and deliver core capabilities using the combined
efforts of the whole community, rather than the exclusive effort of any
single organization or level of government. The THSGP's allowable costs
support efforts of Tribes to build and sustain core capabilities to
prepare for, prevent, protect against, and respond to acts of
terrorism. The THSGP also plays an important role in the implementation
of the National Preparedness System by supporting the building,
sustainment, and delivery of core capabilities essential to achieving
FEMA's National Preparedness Goal of a secure and resilient Nation.
Federally-recognized Tribes are those Tribes appearing on the list
published by the Secretary of the Interior pursuant to the Federally
Recognized Indian Tribe List Act of 1994 (Pub. L. 103-454) (25 U.S.C.
5131). ``Directly eligible tribes'' are defined in Section 2001 of the
Homeland Security Act of 2002, as amended (Pub. L. 107-296) (6 U.S.C.
601).
    This proposed information collection previously published in the
Federal Register on May 23, 2023, at 88 FR 33626 with a 60-day public
comment period. No comments were received. The purpose of this notice
is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Tribal Homeland Security Grant Program (THSGP) Investment
Justification Template.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0113.
    FEMA Forms: FEMA Form FF-207-FY-22-118 (formerly 089-22), Tribal
Homeland Security Grant Program (THSGP) Investment Justification
Template.
    Abstract: This information is being collected for the primary
purpose of facilitating correspondence between the grant applicant and
FEMA and for determining eligibility and administration of FEMA
Preparedness Grant Programs, specifically the Tribal Homeland Security
Grant Program. The THSGP provides supplemental funding to directly
eligible Tribes to help strengthen the nation against risks associated
with potential terrorist attacks. This program provides funds to build
capabilities at the State, Local, Territorial and Tribal levels and
implement goals and objectives included in state homeland security
strategies.
    Affected Public: State, local, or Tribal government.
    Estimated Number of Respondents: 120.
    Estimated Number of Responses: 120.
    Estimated Total Annual Burden Hours: 18,010.
    Estimated Total Annual Respondent Cost: $962,454.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $482,186.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the Agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those

who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

Maile Rasco-Arthur,
Deputy Director for Information Management, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2023-18586 Filed 8-28-23; 8:45 am]
BILLING CODE 9111-78-P