[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60343-60347]
[FR Doc No: 2014-23258]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[FRL-9917-26-OAR]

Official Release of the MOVES2014 Motor Vehicle Emissions Model
for SIPs and Transportation Conformity

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) is approving and
announcing the availability of the Motor Vehicle Emissions Simulator
model (MOVES2014) for official use outside of California. MOVES2014 is
the latest state-of-the art upgrade to EPA's modeling tools for
estimating emissions from cars, trucks, buses, and motorcycles, based
on the latest data and regulations. MOVES2014 is approved for use in
state implementation plans (SIPs) and transportation conformity
analyses outside of California. This notice starts a two-year grace
period before the MOVES2014 emission model is required to be used in
new regional emissions analyses and new hot-spot analyses for
transportation conformity determinations outside of California.

DATES: EPA's approval of the MOVES2014 emissions model for SIPs and
transportation conformity analyses in states other than California is
effective October 7, 2014. This approval also starts a two-year
transportation conformity grace period that ends on October 7, 2016,
after which MOVES2014 is required to be used for new transportation
conformity analyses outside of California.

FOR FURTHER INFORMATION CONTACT: For technical model questions
regarding the official release or use of MOVES2014, please email EPA at
<EMAIL_ADDRESS>For questions about SIPs, contact Rudy Kapichak at
<EMAIL_ADDRESS>or<PHONE_NUMBER>. For transportation
conformity questions, contact Astrid Larsen at<EMAIL_ADDRESS>or
(734)214-4812.

SUPPLEMENTARY INFORMATION: The contents of this document are as
follows:

I. General Information
II. What is MOVES2014?
III. SIP Policy for MOVES2014
IV. Transportation Conformity and MOVES2014

I. General Information

A. Does this action apply to me?

    Entities potentially impacted by the approval of MOVES2014 are
those that adopt, approve, or fund transportation plans, transportation
improvement programs (TIPs), or projects under title 23 U.S.C. or title
49 U.S.C. Chapter 53 and those that develop and submit SIPs to EPA.
Regulated categories and entities affected by this action include:

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               Category                  Examples of regulated entities
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Local government.....................  Local transportation and air
                                        quality agencies, including
                                        metropolitan planning
                                        organizations (MPOs).
State government.....................  State transportation and air
                                        quality agencies.
Federal government...................  Department of Transportation
                                        (Federal Highway Administration
                                        (FHWA) and Federal Transit
                                        Administration (FTA)).
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    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the
release of MOVES. Other entities not listed in the table could also be
affected. To determine whether your organization is affected by this
action, you should carefully examine the transportation conformity
applicability requirements in 40 CFR 93.102. If you have questions
regarding the applicability of this action to a particular entity,
consult the persons listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

B. How can I get copies of MOVES2014 and other related information?

    The official version of the MOVES2014 model, along with user guides
and supporting documentation, are available on EPA's MOVES Web site:
www.epa.gov/otaq/models/moves/index.htm.
    Individuals who wish to receive EPA announcements related to the
MOVES2014 model should subscribe to the EPA-MOBILENEWS email listserv.
To subscribe to the EPA-MOBILENEWS listserv, send a blank email to EPA
at<EMAIL_ADDRESS>Your email address will then be
added to the list of subscribers and a confirmation message will be
sent to your email address. For more information about the EPA-
MOBILENEWS listserv, visit EPA's Web site at www.epa.gov/otaq/models/mobilelist.htm.
    Available guidance on how to apply MOVES2014 for SIPs and
transportation conformity purposes can be found on EPA's transportation
conformity Web site, http://www.epa.gov/otaq/stateresources/transconf/policy.htm,\1\ including ``Policy Guidance on the Use of MOVES2014 for
State Implementation Plan Development, Transportation Conformity, and
Other Purposes'' (EPA-420-B-14-008, July 2014).
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    \1\ Interested parties can find these documents under either the
``Emission Model and Conformity'' or ``Project-Level Conformity''
topics on this Web site.
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    EPA will continue to update these Web sites as other MOVES support
materials and guidance are developed or updated.

II. What is MOVES2014?

    MOVES2014 is EPA's latest motor vehicle emissions model for state
and local agencies to estimate volatile organic compounds (VOCs),
nitrogen oxides (NOX), particulate matter (PM2.5
and PM10), carbon monoxide (CO), and other precursors from
cars, trucks, buses, and motorcycles for SIP purposes and conformity
determinations outside of California.\2\ The model is based on analyses
of millions of emission test results and considerable advances in the
Agency's understanding of vehicle emissions. The first model in the
MOVES series, called MOVES2010, was

released in December of 2009. MOVES2010 was followed by two minor
updates, MOVES2010a and MOVES2010b. Both of these minor MOVES2010
revisions enhanced model performance and did not significantly affect
the criteria pollutant emissions results from MOVES2010.
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    \2\ Nonattainment and maintenance areas located in California
use the latest approved version of the Emission FACtor (EMFAC)
model.
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    MOVES2014 is a major revision to MOVES2010b and improves upon it in
many respects. MOVES2014 includes new data, new emissions standards,
and new functional improvements and features. It incorporates
substantial new data for emissions, fleet, and activity developed since
the release of MOVES2010. These new emissions data are for light- and
heavy-duty vehicles, exhaust and evaporative emissions, and fuel
effects. MOVES2014 also adds updated vehicle sales, population, age
distribution, and vehicle miles travelled (VMT) data.
    MOVES2014 incorporates the effects of three new federal emissions
standard rules not included in MOVES2010:
     Medium- and heavy-duty engine and vehicle greenhouse gas
emission and fuel efficiency standards (promulgated September 2011, 76
FR 57106) began phasing in with the 2014 model year, and will result in
lower medium- and heavy-duty engine and vehicle energy consumption
rates and some reduction in criteria pollutant emissions as a result of
improved aerodynamics and rolling resistance.
     Light-duty vehicle greenhouse gas emission and Corporate
Average Fuel Economy standards (promulgated October 2012, 77 FR 62623)
will begin phasing in with the 2017 model year, and will result in
decreased energy consumption rates and decreased refueling emissions.
     Tier 3 vehicle emission and fuel standards (promulgated
April 2014, 79 FR 23414) will begin phasing in with the 2017 model
year, and will reduce both tailpipe and evaporative emissions of VOC,
NOX, CO, and PM from light-duty cars and trucks, and some
heavy-duty vehicles.
    MOVES2014 also includes a number of new functional improvements and
features. Some of these, such as the addition of multi-day diurnal
events to evaporative emissions calculations, directly affect the
estimation of criteria pollutant emissions. Others, such as new options
for entering start and extended idle activity, make MOVES2014 more
flexible and better able to incorporate local data where available.
    EPA performed a comparison of MOVES2014 to MOVES2010b using local
data for several different urban counties, varying the local data used
by fleet age distribution, fraction of light- and heavy-duty VMT, local
fuel specifications, meteorology, and other input factors. In general,
VOC, NOX, PM, and CO emissions show greater decreases over
time compared to MOVES2010b. Differences in total emissions vary by
calendar year and location, but in general, VOC and NOX
emissions are lower in MOVES2014. PM emissions may be higher in some
areas and lower in others. Actual results will vary based on local
inputs in a given area, with local variations in fleet age distribution
and composition having a significant influence on the final results.
    MOVES2014 includes the capability to estimate vehicle exhaust and
evaporative emissions as well as brake wear and tire wear emissions for
criteria pollutants and precursors. However, MOVES does not include the
capability to estimate emissions of re-entrained road dust. To estimate
emissions from re-entrained road dust, practitioners should continue to
use the latest approved methodologies.\3\
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    \3\ See EPA's notice of availability, ``Official Release of the
January 2011 AP-42 Method for Estimating Re-Entrained Road Dust from
Paved Roads'', published in the Federal Register on February 4, 2011
(76 FR 6328) available on EPA's Web site at: http://www.epa.gov/otaq/stateresources/transconf/policy.htm#models. In addition to the
latest version of AP-42, EPA approved-alternative local methods can
be used for estimating re-entrained road dust.
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    MOVES2014 also incorporates the code and database for the
NONROAD2008 model, which provides the option of calculating emissions
of nonroad equipment. Because the nonroad capability in MOVES2014 is
essentially the same as NONROAD2008, either MOVES2014, NONROAD2008, or
the nonroad portion of NMIM2008 (which incorporates NONROAD2008) can be
used in analyses to meet any regulatory requirements that call for the
development of new nonroad inventories.\4\
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    \4\ This is an available option although not explicitly
mentioned in the ``Policy Guidance on the Use of MOVES2014 for State
Implementation Plan Development, Transportation Conformity, and
Other Purposes'' (EPA-420-B-14-008, July 2014).
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III. SIP Policy for MOVES2014

    EPA has articulated its policy regarding the use of MOVES2014 in
SIP development in its ``Policy Guidance on the Use of MOVES2014 for
State Implementation Plan Development, Transportation Conformity, and
Other Purposes'' (EPA-420-B-14-008, July 2014). This document
highlights certain aspects of the guidance, but state and local
governments should refer to the guidance for more detailed information
on how and when to use MOVES2014 in reasonable further progress SIPs,
attainment demonstrations, maintenance plans, inventory updates, and
other SIP submissions.
    MOVES2014 should be used in ozone, CO, PM, and nitrogen dioxide
(NO2) SIP development as expeditiously as possible, as there
is no grace period for the use of MOVES2014 in SIPs. The Clean Air Act
requires that SIP inventories and control measures be based on the most
current information and applicable models that are available when a SIP
is developed.\5\ However, EPA also recognizes the time and level of
effort that certain states may have already undertaken in SIP
development using a version of MOVES2010. States should consult with
their EPA Regional Office if they have questions about how MOVES2014
affects SIPs under development in specific nonattainment or maintenance
areas. Early consultation can facilitate EPA's adequacy finding for SIP
motor vehicle emissions budgets or EPA's SIP approval.
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    \5\ See Clean Air Act section 172(c)(3) and 40 CFR 51.112(a)(1).
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    States should use the latest version of MOVES that is available at
the time that a SIP is developed, which is currently MOVES2014 to
develop the most accurate estimates of emissions possible. However,
state and local agencies that have already completed significant work
on a SIP with a version of MOVES2010 (e.g., attainment modeling has
already been completed with MOVES2010) can continue to do so. It would
be unreasonable to require the states to revise these SIPs with
MOVES2014 since significant work has already occurred based on the
latest information available at the time the SIP was developed, and EPA
intends to act on these SIPs in a timely manner.
    The Clean Air Act does not require states that have already
submitted SIPs or will submit SIPs shortly after the release of a new
model to revise these SIPs simply because a new motor vehicle emissions
model is now available. This is supported by existing EPA policies and
case law [Sierra Club v. EPA, 356 F.3d. 296, 307-08 (D.C. Cir. 2004)].
Of course, states can choose to use MOVES2014 in these SIPs, for
example, if it is determined that it is appropriate to update motor
vehicle emissions budgets (``budgets'') with the model for future
conformity determinations. However, as stated above, states should use
MOVES2014 where SIP development is in its initial stages or has not
progressed far enough along that switching from a previous model
version would create a significant adverse impact on state resources.

    Incorporating MOVES2014 into the SIP now could assist areas in
mitigating possible transportation conformity difficulties in the
future after the MOVES2014 conformity grace period ends. New regional
conformity analyses that are started after the grace period is over
must be based on MOVES2014 (40 CFR 93.111), so having MOVES2014-based
SIP budgets in place at that time could provide more consistency with
transportation conformity determinations.

IV. Transportation Conformity and MOVES2014

    In this document, EPA is approving MOVES2014 for use in
transportation conformity analyses outside of California. EPA is also
establishing a two-year conformity grace period before the use of
MOVES2014 is required in these transportation conformity
determinations. The MOVES2014 grace period for regional conformity and
hot-spot analyses applies to the use of MOVES2014 and any future minor
revisions that occur during the grace period.\6\
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    \6\ A minor revision would be one that is made to improve
performance but does not change results.
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    Transportation conformity is a Clean Air Act requirement to ensure
that federally supported highway and transit activities are consistent
with (``conform to'') the SIP. Conformity to a SIP means that a
transportation activity will not cause or contribute to new air quality
violations; worsen existing violations; or delay timely attainment of
national ambient air quality standards or any interim milestones.
Transportation conformity applies in nonattainment and maintenance
areas for transportation-related pollutants: ozone, CO,
PM2.5, PM10 and NO2. EPA's
transportation conformity regulations (40 CFR parts 51.390 and 93
subpart A) describe how federally funded and approved highway and
transit projects meet these statutory requirements.
    The remainder of this section describes how the transportation
conformity grace period was determined and summarizes how it will be
implemented, including those circumstances when the grace period could
be shorter than two years. However, for complete explanations of how
MOVES2014 is to be implemented for transportation conformity, including
details about using MOVES2014 during the grace period, refer to
``Policy Guidance on the Use of MOVES2014 for State Implementation Plan
Development, Transportation Conformity, and Other Purposes'' (EPA-420-
B-14-008).

A. Why is EPA establishing a two-year conformity grace period?

    The transportation conformity regulation at 40 CFR 93.111 requires
that conformity determinations be based on the latest motor vehicle
emissions model approved by EPA. Section 176(c)(1) of the Clean Air Act
states that ``. . . [t]he determination of conformity shall be based on
the most recent estimates of emissions, and such estimates shall be
determined from the most recent population, employment, travel, and
congestion estimates. . . .'' When EPA approves a new emissions model
such as MOVES2014, a grace period is established before the model is
required for conformity analyses. The transportation conformity rule
provides for a grace period for new emissions models of between three
and 24 months (40 CFR 93.111(b)(1)), depending on the degree of change
in the model and the transportation re-planning by the MPO likely to be
necessary.
    EPA articulated its intentions for establishing the length of a
conformity grace period in the preamble to the 1993 transportation
conformity rule (November 24, 1993, 58 FR 62211):
    ``EPA and DOT [the Department of Transportation] will consider
extending the grace period if the effects of the new emissions model
are so significant that previous SIP demonstrations of what emission
levels are consistent with attainment would be substantially affected.
In such cases, States should have an opportunity to revise their SIPs
before MPOs must use the model's new emissions factors.''
    In consultation with DOT, EPA considered many factors in
establishing the length of the grace period, including the degree of
change in emissions models and the effects of the new model on the
transportation planning process (40 CFR 93.111).
    EPA considered the time it will take state and local transportation
and air quality agencies to conduct and provide technical support for
analyses. State and local agencies will need to become familiar with
the MOVES2014 emissions model, and to convert existing data for use in
MOVES2014. Since 1993, the fundamental purpose of Sec.  93.111(b) of
the transportation conformity rule has been to provide a sufficient
amount of time for MPOs and other state and local agencies to learn and
employ new emissions models. The transition to a new emissions model
for conformity involves more than learning to use the new model and
preparing input data and model output. After model start-up is
complete, state and local agencies also need to consider how the model
affects regional conformity analysis results and whether SIP and/or
transportation plan/TIP changes are necessary to assure future
conformity determinations.
    The two-year conformity grace period is also necessary to provide
sufficient time for state and local agencies to learn and apply new
technical guidance and training courses that reflect MOVES2014. EPA is
working diligently to update these guidance documents and training
courses as quickly as possible. EPA will notify MOVES2014 users when
these important materials are available, and subsequently, EPA will
also work with DOT to provide training for current and new users of the
model. Training courses are anticipated to be provided in the form of
webinars, other web-based courses, conference seminars, or in-person
training. Courses will be developed to address different levels of
State and local expertise.
    In addition, many agencies will be implementing the transition to
PM and CO hot-spot analyses with MOVES2014 for applicable projects in
those nonattainment and maintenance areas, with each analysis
potentially involving multiple state and local agencies. States with
previously approved CO hot-spot protocols (40 CFR 93.123(a)(1)) that
are based on a previous model will need time to revise them. As stated
above, additional time is necessary to revise previously approved SIPs,
and the SIP revision process and state requirements can vary. Finally,
EPA considered the general time and monetary resource constraints in
which state and local agencies currently operate. These agencies need
to participate in EPA and DOT training and possibly provide training to
other individuals in their offices.
    Upon considerations of all these factors, EPA is establishing a
two-year grace period, which begins October 7, 2014 and ends on October
7, 2016, before MOVES2014 is required to be used for new transportation
conformity analyses, outside of California.

B. Circumstances When Grace Period Will Be Shorter Than Two Years

    The grace period for regional conformity analyses will be shorter
than two years for a given pollutant if an area revises its SIP and
motor vehicle emissions budgets with MOVES2014, and such budgets have
been found adequate or approved into the SIP prior to the end of the
two-year grace period. In this case, the new regional emissions
analysis must use MOVES2014 if the conformity determination is based on
a MOVES2014-based budget (40 CFR 93.111).

    Areas that are designated nonattainment or maintenance for multiple
pollutants may rely on both MOVES2014 and MOVES2010 \7\ to determine
conformity for different pollutants during the grace period. For
example, if an area revises a previously submitted (but not approved)
MOVES2010-based PM10 SIP with MOVES2014 and EPA finds these
revised MOVES2014 budgets adequate for conformity, such budgets would
apply for conformity on the effective date of the Federal Register
notice announcing EPA's adequacy finding. In this example, if the area
is nonattainment for PM10 and ozone, the MOVES2014 grace
period would end for PM10 regional conformity analyses once
EPA found the new MOVES2014-based SIP budgets adequate for
PM10 regional conformity analyses begun after the effective
date of adequacy finding. However, MOVES2010 could continue to be used
for ozone regional emissions analysis begun before the end of the
MOVES2014 grace period.\8\ In addition, the length of the grace period
for hot-spot analyses would not be affected by an early submission of
MOVES2014-based budgets. In this example, the two-year grace period for
PM10 hot-spot analyses would continue to apply even if the
grace period is shortened for regional PM10 conformity
analyses. EPA Regional Offices should be consulted for questions
regarding such situations in multi-pollutant areas.
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    \7\ In the remainder of this notice, ``MOVES2010'' refers to all
of the MOVES2010 models: MOVES2010, MOVES2010a, and MOVES2010b.
    \8\ In this example, such an area would use MOVES2014 to develop
a regional emissions analysis for comparison to the revised
MOVES2014-based budgets (e.g., PM10 budgets). The
regional emissions analysis for ozone could be based on MOVES2010
for the VOC and NOx budgets in the ozone SIP for the remainder of
the conformity grace period.
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    In addition, in most cases, if an area revises previously approved
MOBILE or MOVES2010-based SIP budgets using MOVES2014, the revised
MOVES2014 budgets would be used for conformity purposes once EPA
approves the SIP revision. In general, EPA will not make adequacy
findings for these SIPs because submitted SIPs cannot supersede
approved budgets until they are approved. However, 40 CFR 93.118(e)(1)
allows an approved budget to be replaced by an adequate budget if EPA's
approval of the initial budgets specifies that the budgets being
approved may be replaced in the future by new adequate budgets. This
flexibility has been used in limited situations in the past, such as
during the transition from MOBILE5 to MOBILE6. In such cases, the
MOVES2014-based budgets would be used for conformity purposes once they
have been found adequate, if requested by the state in its SIP
submission and specified in EPA's SIP approval. States should consult
with their EPA Regional Office to determine if this flexibility applies
to their situation.

C. Use of MOVES2014 for Regional Conformity Analyses During the Grace
Period

    During the conformity grace period, areas should use interagency
consultation to examine how MOVES2014 will impact their future
transportation plan and TIP conformity determinations, including
regional emissions analyses. Isolated rural areas should also consider
how future regional conformity analyses will be affected when MOVES2014
is required. Areas should carefully consider whether the SIP and
budgets should be revised with MOVES2014 or if transportation plans and
TIPs should be revised before the end of the conformity grace period,
since doing so may be necessary to ensure conformity in the future.
    Finally, the transportation conformity rule provides some
flexibility for completing conformity determinations based on regional
emissions analyses that use MOVES2010 that are started before the end
of the grace period. Regional emissions analyses that are started
during the grace period can use either MOVES2010 or MOVES2014. The
interagency consultation process should be used if it is unclear if a
MOVES2010-based analysis was begun before the end of the grace period.
If you have questions about which model should be used in your
conformity determination, you can also consult with your EPA Regional
Office.
    When the grace period ends on October 7, 2016, MOVES2014 will
become the only approved motor vehicle emissions model for regional
emissions analyses for transportation conformity in states other than
California. In general, this means that all new transportation plan and
TIP conformity determinations started after the end of the grace period
must be based on MOVES2014, even if the SIP is based on MOVES2010,
MOBILE6.2, or an older version of the MOBILE model.

D. Use of MOVES2014 for Project-Level Hot-Spot Analyses During the
Conformity Grace Period

    The MOVES2014 grace period also applies to the use of MOVES2014 for
CO, PM10 and PM2.5 hot-spot analyses. Sections
93.116 and 93.123 of the transportation conformity rule contain the
requirements for when a hot-spot analysis is required for project-level
conformity determinations.\9\ The transportation conformity rule
provides some flexibility for analyses that are started before the end
of the grace period. A conformity determination for a transportation
project may be based on a previous model if the analysis was begun
before or during the grace period, and if the final environmental
document for the project is issued no more than three years after the
issuance of the draft environmental document (40 CFR 93.111(c)).
Interagency consultation should be used if it is unclear if a previous
analysis was begun before the end of the grace period. For CO,
PM10 and PM2.5 hot-spot analyses that start
during the grace period, project sponsors can choose to use MOVES2010
or MOVES2014.
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    \9\ In CO nonattainment and maintenance areas, a hot-spot
analysis is required for all non-exempt projects, with quantitative
hot-spot analyses being required for larger, congested intersections
and other projects (40 CFR 93.123(a)(1)). In addition, the
transportation conformity rule requires that a quantitative
PM10 or PM2.5 hot-spot analysis be completed
for certain projects of local air quality concern (40 CFR
93.123(b)(1)).
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    EPA encourages sponsors to use the consultation process to
determine which option may be most appropriate for a given situation.
Any new CO, PM10 or PM2.5 hot-spot analyses for
conformity purposes begun after the end of the grace period must be
based on MOVES2014. EPA released guidance on how to conduct
quantitative PM2.5 and PM10 hot-spot modeling for
transportation conformity purposes and will update it to include
MOVES2014. See EPA's Project-level Web page \10\ for latest information
and guidance documents on how to conduct CO, PM10 and
PM2.5 hot-spot modeling for transportation conformity
purposes.
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    \10\ See http://www.epa.gov/otaq/stateresources/transconf/projectlevel-hotspot.htm.
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    Any quantitative new CO, PM10 or PM2.5 hot-
spot analysis for conformity purposes begun after the end of the grace
period must use MOVES2014. The interagency consultation process should
be used if it is unclear whether these conditions are met. For
questions about which model should be used in a project-level
conformity determination, consult with your EPA Regional Office.

E. FHWA's CO Categorical Hot-Spot Finding

    Since FHWA's February 2014 CO categorical hot-spot finding \11\ for
projects affecting intersections is based on MOVES2010b, a project
sponsor can

continue to rely on this categorical finding during the grace period,
as long as the project's parameters fall within the acceptable range of
modeled parameters of the categorical hot-spot finding. See http://www.epa.gov/otaq/stateresources/transconf/projectlevel-hotspot.htm#fhwa
for additional details. Any new CO hot-spot analyses for conformity
purposes begun after the end of the grace period may no longer rely on
the February 2014 CO categorical hot-spot finding because the finding
was based on MOVES2010b.
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    \11\ Section 93.123(a)(3) of the transportation conformity rule
allows DOT, in consultation with EPA, to make a categorical hot-spot
finding for certain projects based on appropriate modeling.
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F. Previously Approved CO SIP Hot-Spot Protocols

    Section 93.123(a)(1) of the transportation conformity rule allows
areas to develop alternate procedures for determining localized CO hot-
spot analyses, when developed through interagency consultation and
approved by the EPA Regional Administrator. Some states have chosen in
the past to develop such procedures based on previously approved EPA
emissions models.
    During the MOVES2014 grace period, areas with previously approved
CO hot-spot protocols based on MOVES2010 may continue to rely on these
protocols. Areas with previously approved CO hot-spot protocols based
on MOBILE6.2 or earlier MOBILE versions can no longer be used, and
should have been discontinued at the end of the previous MOVES2010
grace period. Once the MOVES2014 grace period ends, any new CO hot-spot
analyses for conformity purposes begun after the end of the grace
period may no longer use their previously approved CO hot-spot
protocols that were based on MOVES2010.

    Dated: September 22, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2014-23258 Filed 10-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19347-19348]
[FR Doc No: 2014-07836]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0167]

Prince William Sound Regional Citizens' Advisory Council Charter
Renewal

AGENCY: Coast Guard, DHS.

ACTION: Notice of recertification.

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SUMMARY: The purpose of this notice is to inform the public that the
Coast Guard has recertified the Prince William Sound Regional Citizens'
Advisory Council (PWSRCAC) as an alternative voluntary advisory group
for Prince William Sound, Alaska. This certification allows the PWSRCAC
to monitor the activities of terminal facilities and crude oil tankers
under the Prince William Sound Program established by statute.

DATES: This recertification is effective for the period from March 1,
2014 through February 28, 2015.

FOR FURTHER INFORMATION CONTACT: LT Tom Pauser, Seventeenth Coast Guard
District (dpi), by phone at<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990 (Act), 33 U.S.C. 2732, to foster a long-term partnership among
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals and
oil tankers.
    On October 18, 1991, the President delegated his authority under 33
U.S.C. 2732(o) to the Secretary of Transportation in Executive Order
12777, section 8(g) (see 56 FR 54757; October 22, 1991) for purposes of
certifying advisory councils, or groups, subject to the Act. On March
3, 1992, the Secretary redelegated that authority to the Commandant of
the Coast Guard (see 57 FR 8582; March 11, 1992). The Commandant
redelegated that authority to the Chief, Office of Marine Safety,
Security and Environmental Protection (G-M) on March 19, 1992 (letter
5402).
    On July 7, 1993, the Coast Guard published a policy statement, 58
FR 36504, to clarify the factors that shall be considered in making the
determination as to whether advisory councils, or groups, should be
certified in accordance with the Act.
    The Assistant Commandant for Marine Safety and Environmental
Protection (G-M), redelegated recertification authority for advisory
councils, or groups, to the Commander, Seventeenth Coast Guard District
on February 26, 1999 (letter 16450).
    On September 16, 2002, the Coast Guard published a policy
statement, 67 FR 58440, which changed the recertification procedures
such that applicants are required to provide the Coast Guard with
comprehensive information every three years (triennially). For each of
the two years between the triennial application procedures, applicants
submit a letter requesting recertification that includes a description
of any substantive changes to the information provided at the previous
triennial recertification. Further, public comment is not solicited
prior to recertification during streamlined years, only during the
triennial comprehensive review.
    The Alyeska Pipeline Service Company pays the PWSRCAC $2.9 million
annually in the form of a long term contract. In return for this
funding, the PWSRCAC must annually show that it ``fosters the goals and
purposes'' of OPA 90 and is ``broadly representative of the communities
and interests in the vicinity of the terminal facilities and Prince
William Sound.'' The PWSRCAC is an independent, nonprofit organization
founded in 1989. Though it receives Federal oversight like many
independent, non-profit organizations, it is not a Federal agency. The
PWSRCAC is a local organization that predates the passage of OPA 90.
The existence of the PWSRCAC was specifically recognized in OPA 90
where it is defined as an ``alternate voluntary advisory group.''
    Alyeska funds the PWSRCAC, and the Coast Guard makes sure the
PWSRCRC operates in a fashion that is broadly consistent with OPA 90.

Discussion of Comments

    On January 22, 2014 the Coast Guard published a Notice of
Availability; request for comments for recertification of Prince
William Sound Regional Citizens' Advisory Council in the Federal
Register (79 FR 3602). We received 71 letters commenting on the
proposed action. No public meeting was requested. Of the 71 letters
received, all 71 had positive comments. These letters consistently
cited PWSRCAC's broad representation of the respective community's
interest, appropriate actions to keep the public informed, improvements
to both spill response preparation and spill prevention, and oil spill
industry monitoring efforts that

combat complacency--as intended by the Act.

Recertification

    By letter dated March 15, 2014, the Commander, Seventeenth Coast
Guard certified that the PWSRCAC qualifies as an alternative voluntary
advisory group under 33 U.S.C. 2732(o). This recertification terminates
on February 28, 2015.

    Dated: March 15, 2014.
T.P. Ostebo,
Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard
District.
[FR Doc. 2014-07836 Filed 4-7-14; 8:45 am]
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