[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50033-50038]
[FR Doc No: 2012-20085]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2008-0633; FRL-9713-8]

Approval and Promulgation of Air Quality Implementation Plans;
Arkansas; Infrastructure Requirements for the 1997 Ozone NAAQS and the
1997 and 2006 PM2.5 NAAQS and Interstate Transport Requirements for the
1997 Ozone NAAQS and 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving
submittals from the State of Arkansas pursuant to the Clean Air Act
(CAA or the Act) that address certain infrastructure elements specified
in the CAA necessary to implement, maintain, and enforce the 1997 8-
hour ozone and the 1997 and 2006 fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS or
standards). EPA is also making a correction to an attainment status
table in its regulations to accurately reflect the redesignation date
of Crittenden County, Arkansas to attainment for the 1997 8-hour ozone
standard.

DATES: This final rule is effective on September 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-

2008-0633. All documents in the docket are listed at
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room between the hours of 8:30 a.m. and
4:30 p.m. weekdays except for legal holidays. Contact the person listed
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill
Deese at<PHONE_NUMBER> to make an appointment. If possible, please make
the appointment at least two working days in advance of your visit.
There will be a 15 cent per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during
official business hours, by appointment, at the Arkansas Department of
Environmental Quality, Planning and Air Quality Analysis Branch, 5301
Northshore Drive, North Little Rock, Arkansas 72118.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our
February 9, 2012, proposal (77 FR 6711). In that notice, we proposed to
partially approve and partially disapprove submittals from the State of
Arkansas, pursuant to the CAA, that address the infrastructure elements
specified in the CAA section 110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour ozone, the 1997 and 2006
PM2.5 NAAQS. Those submittals are dated December 17, 2007,
March 28, 2008, and September 16, 2009, respectively. We noted that
those submittals did not include revisions to the SIP, but documented
how the current Arkansas SIP already included the required
infrastructure elements. Therefore, we proposed to find that the
following section 110(a)(2) elements were contained in the current
Arkansas SIP and provided the infrastructure for implementing the 1997
8-hour ozone standard: CAA Sections 110(a)(2)(A), (B), (E), (F), (G),
(H), (K), (L), (M), and portions of (C), (D)(ii), and (J). EPA also
proposed to find that the following section 110(a)(2) elements were
contained in the current Arkansas SIP and provided the infrastructure
for implementing the 1997 and 2006 PM2.5 standards: CAA
Sections 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), and (M). EPA
also proposed to find that the current Arkansas SIP does not meet the
infrastructure requirements for the 1997 8-hour ozone NAAQS and the
1997 and 2006 PM2.5 NAAQS at 110(a)(2) for portions of (C),
(D)(ii), and (J) because the EPA-approved SIP prevention of significant
deterioration (PSD) program does not apply to greenhouse gas (GHG)
emitting sources. We also proposed to find that the current Arkansas
SIP does not meet the infrastructure requirements for the 1997 and 2006
PM2.5 NAAQS at 110(a)(2) for (C), (D)(ii), and (J) because
Arkansas has not submitted the PSD SIP revision required by EPA's
Implementation of the New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (73 FR 28321, May 16, 2008). Further,
for the 1997 8-hour ozone NAAQS, we proposed to partially approve and
partially disapprove the provisions of SIP submissions intended to
satisfy the section 110(a)(2)(D)(i)(II) infrastructure element
pertaining to emissions from sources in Arkansas not interfering with
measures required in the SIP of any other State under part C of the CAA
to prevent significant deterioration of air quality. For the 2006
PM2.5 NAAQS, we proposed to disapprove the provisions of SIP
submissions intended to satisfy this section 110(a)(2)(D)(i)(II)
infrastructure element. Finally, for purposes of the 1997 8-hour ozone
NAAQS, EPA proposed to approve four severable portions of SIP revisions
to modify the Arkansas PSD SIP to include NOX as an ozone
precursor.
    Our February 9, 2012, proposal provides a detailed description of
the submittals and the rationale for EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for these actions closed on March 12, 2012, and we did not
receive any comments.

II. Final Action

    We are partially approving and partially disapproving the
submittals provided by the State of Arkansas to demonstrate that the
Arkansas SIP meets the requirements of Section 110(a)(1) and (2) of the
Act for the 1997 ozone and 1997 and 2006 PM2.5 NAAQS. For
the 1997 ozone standard, we are finding that the current Arkansas SIP
meets the infrastructure elements listed below:
    Emission limits and other control measures (110(a)(2)(A) of the
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the
Act);
    Program for enforcement of control measures (110(a)(2)(C) of the
Act), except for the portion that addresses GHGs;
    Interstate Transport, pursuant to section 110(a)(2)(D)(ii) of the
Act, except for the portion that addresses GHGs;
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the Act);
    Public notification (110(a)(2)(J) of the Act);
    Prevention of significant deterioration and visibility protection
(110(a)(2)(J) of the Act), except for the portion that addresses GHGs;
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities (110(a)(2)(M)
of the Act).
    For the 1997 ozone standard, we are finding that the current
Arkansas SIP does not meet the infrastructure elements listed below:
    Program for enforcement of control measures (110(a)(2)(C) of the
Act), only as it relates to GHGs;
    Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the
Act, only as it relates to GHGs; and
    Prevention of significant deterioration (110(a)(2)(J) of the Act),
only as it relates to GHGs.
    We are also approving the Arkansas Interstate Transport SIP
provisions that

address the requirement of section 110(a)(2)(D)(i)(II) that emissions
from sources in Arkansas do not interfere with measures required in the
SIP of any other State under part C of the CAA to prevent significant
deterioration of air quality, except as they relate to GHGs for the
1997 ozone NAAQS.
    We are disapproving the portion of the Arkansas Interstate
Transport SIP provisions that address the requirement of section
110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions from sources
in Arkansas do not interfere with measures required in the SIP of any
other State under part C of the CAA to prevent significant
deterioration of air quality, for the 1997 ozone NAAQS.
    For the 1997 and 2006 PM2.5 standards, we are finding
that the current Arkansas SIP meets the infrastructure elements listed
below:
    Emission limits and other control measures (110(a)(2)(A) of the
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the
Act);
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the Act);
    Public notification (110(a)(2)(J) of the Act);
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities (110(a)(2)(M)
of the Act).
    For the 1997 and 2006 PM2.5 standards, we are finding
that the current Arkansas SIP does not address the 110(a)(2)
infrastructure elements listed below:
    Program for enforcement of control measures (110(a)(2)(C) of the
Act);
    Interstate Transport, pursuant to section 110(a)(2)(D)(ii) of the
Act; and
    Prevention of significant deterioration and visibility protection
(110(a)(2)(J) of the Act).
    We are also disapproving the portion of the Arkansas Interstate
Transport SIP that addresses the requirement of section
110(a)(2)(D)(i)(II)--that emissions from sources in Arkansas do not
interfere with measures required in the SIP of any other State under
part C of the CAA to prevent significant deterioration of air quality--
for the 2006 PM2.5 NAAQS.
    Under section 110(c) of the Act, disapproval of a SIP in whole or
in part requires EPA to promulgate a federal implementation plan (FIP)
at any time within two years following final disapproval, unless the
State submits a plan or plan revision that corrects the deficiency--and
the EPA approves the plan or plan revision--before the EPA promulgates
such FIP. This two-year period is commonly referred to as the ``FIP
clock.'' Here, based on Arkansas's failure to submit the required
PM2.5 PSD SIP revision, and because Arkansas cannot issue
permits for GHG emissions, we are disapproving for the 1997 and 2006
PM2.5 standard and partially disapproving for the 1997 ozone
NAAQS certain severable elements of the Arkansas infrastructure SIP.
Accordingly, EPA is required by law to promulgate a FIP at any time
within two years of this final rulemaking, unless Arkansas submits and
we approve a new SIP or SIP revisions that correct the deficiencies, or
unless EPA has already fulfilled its FIP obligation.
    EPA is also approving the following revisions to APCEC Regulation
19, Chapter 9, submitted by the State of Arkansas on February 17, 2010:
    1. The substantive change adding NOX to the definition
of Major Modification through incorporation by reference of 40 CFR
52.21(b) and 40 CFR 51.301 as of November 29, 2005.
    2. The substantive change adding NOX to the definition
of Major Stationary Source through incorporation by reference of 40 CFR
52.21(b) and 40 CFR 51.301 as of November 29, 2005.
    3. The substantive change adding NOX as a precursor to
the table's criteria and other pollutants listing for ozone through
incorporation by reference of 40 CFR 52.21(b)(23)(i).
    4. The substantive change allowing for an exemption with respect to
ozone monitoring for a source with a net emissions increase less than
100 tpy of NOX through incorporation by reference of 40 CFR
52.21(i)(5)(i).
    EPA is taking these actions in accordance with section 110 and part
C of the Act and EPA's regulations and consistent with EPA guidance. We
are also making ministerial corrections to the attainment status table
in 40 CFR 81.304 to accurately reflect the redesignation date of
Crittenden County, Arkansas to attainment for the 1997 8-hour ozone
standard. On March 24, 2010, we redesignated the county with an
effective date of April 23, 2010 (75 FR 14077).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 act on State law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by State law.

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this SIP partial approval/partial disapproval under section 110
and subchapter I, part D of the CAA will not in-and-of itself create
any new information collection burdens but simply disapproves certain
State requirements for inclusion into the SIP. Burden is defined at 5
CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant impact
on a substantial number of small entities. This rule does not impose
any requirements or create impacts on small entities. This SIP partial
approval/partial disapproval under section 110 and subchapter I, part D
of the CAA will not in-and-of itself

create any new requirements but simply approves, in part, and
disapproves, in part, certain State requirements for inclusion into the
SIP. Accordingly, it affords no opportunity for EPA to fashion for
small entities less burdensome compliance or reporting requirements or
timetables or exemptions from all or part of the rule. The fact that
the CAA prescribes that various consequences (e.g., a FIP) may or will
flow from this partial disapproval does not mean that EPA either can or
must conduct a regulatory flexibility analysis for this action.
Therefore, this action will not have a significant economic impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. EPA has determined that the action does not include a Federal
mandate that may result in estimated costs of $100 million or more to
either State, local, or tribal governments in the aggregate, or to the
private sector. This action partially approves and partially
disapproves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it merely partially
approves and partially disapproves certain State requirements for
inclusion into the SIP and does not alter the relationship or the
distribution of power and responsibilities established in the CAA.
Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because the
action EPA is finalizing neither imposes substantial direct compliance
costs on tribal governments, nor preempts tribal law. Therefore, the
requirements of section 5(b) and 5(c) of the Executive Order do not
apply to this rule. Consistent with EPA policy, EPA nonetheless is
offering consultation to Tribes regarding this rulemaking action. EPA
will respond to relevant comments in the final rulemaking action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997).
This SIP partial approval/disapproval under section 110 and subchapter
I, part D of the CAA will not in-and-of itself create any new
regulations but simply partially approves and partially disapproves
certain State requirements for inclusion into the SIP.

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    The EPA believes that this action is not subject to requirements of
Section 12(d) of NTTAA because application of those requirements would
be inconsistent with the CAA.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA lacks the discretionary authority to address environmental
justice in this action. In reviewing SIP submissions, EPA's role is to
approve or disapprove state choices, based on the criteria of the CAA.
Accordingly, this action merely partially approves and partially
disapproves certain State requirements for inclusion into the SIP under
section 110 and subchapter I, part D of the CAA and will not in-and-of
itself create any new requirements. Accordingly, it 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.

K. Congressional Review Act

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

L. Judicial Review

    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 19, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purpose 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. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

40 CFR Part 81

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

    Dated: July 31, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart E--Arkansas

0
2. Section 52.170 is amended as follows:
0
a. In the table in paragraph (c), revise the entries for Reg. 19.903
and Reg. 19.904.
0
b. At the end of the third table in paragraph (e) entitled ``EPA-
Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the
Arkansas SIP'', add entries for ``Infrastructure for the 1997 Ozone
NAAQS'', ``Infrastructure for the 1997 and 2006 PM2.5
NAAQS'', and ``Interstate transport for the 1997 ozone NAAQS
(Noninterference with measures required to prevent significant
deterioration of air quality in any other State)''.
    The revisions and additions read as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation          Title/subject area    submittal/     EPA approval date        Explanation
                                                     effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reg. 19.903....................  Definitions.......      02/03/2005  04/12/2007 (72 FR   The addition of NOX to
                                                                      18394).             the definitions of
                                                                                Major Modification and
                                                                                Major Stationary
                                                                                Source submitted on 2/
                                                                                17/2010 is approved 8/
                                                                                20/2012.
                                                                                [Insert FR page number
                                                                                where document
                                                                                begins].
Reg. 19.904....................  Adoption of             02/03/2005  04/12/2007 (72 FR   The following revisions
                                  Regulations.                        18394).             submitted on 2/17/2010
                                                                                are approved:
                                                                                (1) Addition of 40 tons
                                                                                per year of NOX to the
                                                                                definition of
                                                                                ``significant'', and
                                                                                (2) The ozone
                                                                                monitoring exemption
                                                                                for a source with a
                                                                                net emissions increase
                                                                                less than 100 tons per
                                                                                year of NOX. 8/20/2012
                                                                                [Insert FR page number
                                                                                where document
                                                                                begins].

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

* * * * *
    (e) * * *

            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date        Explanation
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure for the 1997      Statewide.........      12/17/2007  8/20/2012 [Insert   Approval for CAA
 Ozone NAAQS.                                             3/28/2008   FR page number      elements 110(a)(2)(A),
                                                                      where document      (B), (E), (F), (G),
                                                                      begins].            (H), (K), (L), and
                                                                                (M). Approval for CAA
                                                                                elements 110(a)(2)(C),
                                                                                (D)(i)(II) (interfere
                                                                                with measures in any
                                                                                other state to prevent
                                                                                significant
                                                                                deterioration of air
                                                                                quality), (D)(ii), and
                                                                                (J) for the 1997 ozone
                                                                                NAAQS, except as it
                                                                                relates to Greenhouse
                                                                                Gas (GHG) emissions.

Infrastructure for the 1997 and  Statewide.........       3/28/2008  8/20/2012.........  Approval for CAA
 2006 PM2.5 NAAQS.                                        9/16/2009  [Insert FR page      elements 110(a)(2)(A),
                                                                      number where        (B), (E), (F), (G),
                                                                      document begins].   (H), (K), (L), and
                                                                                (M).
Interstate transport for the     Statewide.........        4/5/2011  8/20/2012.........  Approved except as it
 1997 ozone NAAQS                                                    [Insert FR page      relates to GHGs.
 (Noninterference with measures                                       number where
 required to prevent                                                  document begins].
 significant deterioration of
 air quality in any other
 State).
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.172 is amended by designating the existing text as
paragraph (a) and adding paragraphs (b), (c), and (d) to read as
follows:

Sec.  52.172  Approval status.

* * * * *
    (b) 1997 8-hour ozone NAAQS: The SIPs submitted December 17, 2007
and March 28, 2008 are partially disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other
state to prevent significant deterioration of air quality), (D)(ii),
and (J), only as it relates to Greenhouse Gas emissions.
    (c) 1997 PM2.5 NAAQS: The SIP submitted March 28, 2008
is disapproved for CAA elements 110(a)(2)(C), (D)(ii), and (J).
    (d) 2006 PM2.5 NAAQS: The SIPs submitted March 28, 2008
and September 16, 2009 are disapproved for CAA elements 110(a)(2)(C),
(D)(i)(II)) (interfere with measures in any other state to prevent
significant deterioration of air quality), (D)(ii), and (J).

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.304 is amended:
0
a. By revising the entry for entitled for ``Memphis TN-AR: (AQCR
Metropolitan Memphis Interstate) Crittenden County'' in the table
entitled ``Arkansas--1997 8-Hour Ozone NAAQS (Primary and Secondary)''.
0
b. By revising footnote 2 in the table entitled ``Arkansas--1997 8-Hour
Ozone NAAQS (Primary and Secondary)''.
    The revisions read as follows:

Sec.  81.304  Arkansas.

* * * * *

                            Arkansas--1997 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                     Category/classification
         Designated area         -------------------------------------------------------------------------------
                                         Date\1\               Type             Date\1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Memphis TN-AR: (AQCR              ....................  Attainment........           (\2\)   ...................
 Metropolitan Memphis
 Interstate) Crittenden County.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 23, 2010.

* * * * *
[FR Doc. 2012-20085 Filed 8-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19041-19043]
[FR Doc No: 2016-07657]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0226]
RIN 1625-AA00

Safety Zone; Hudson River, Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters of the Hudson River, in the vicinity of the Tappan
Zee Bridge around a 100-yard radius of DECK BARGE WITTE 1406. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by salvage operations on the
sunken vessel TUG SPECIALIST. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port New York.

DATES: This rule is effective without actual notice from April 4, 2016
through May 17, 2016. For the purposes of enforcement, actual notice
will be used from March 17, 2016 through April 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0226 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Kristina Pundt, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with the salvage operations
of TUG SPECIALIST that sank in the Hudson River on March 12, 2016.
Delaying the effective date of this rule would be contrary to the
public interest of ensuring the safety of salvage workers, DECK BARGE
WITTE 1406, other vessels, and mariners from the hazards associated
with the salvage of TUG SPECIALIST.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after

publication in the Federal Register for the same reasons as discussed
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port New York (COTP) has determined that
potential hazards associated with emergency salvage operations starting
March 17, 2016, will be a safety concern for anyone within a 100-yard
radius of DECK BARGE WITTE 1406. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while DECK BARGE WITTE 1406 conducts salvage
operations on the sunken vessel.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 17, 2016 through May
17, 2016. The safety zone will cover all navigable waters within 100
yards of DECK BARGE WITTE 1406 to salvage the sunken tug vessel. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while salvage operations
are conducted. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Hudson River in the vicinity of
the Tappan Zee Bridge for 60 days and during a time of year when vessel
traffic is normally low. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves: A safety zone lasting approximately 62 that will
prohibit entry within 100 yards of DECK BARGE WITTE 1406 being used by
personnel to salvage the sunken tug vessel. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant

Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination will be
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T01-0226 to read as follows:

Sec.  165.T01-0226  Safety Zone; Salvage of TUG SPECIALIST, Hudson
River, Tarrytown, NY.

    (a) Location. The following area is a safety zone: All navigable
waters within 100 yards of DECK BARGE WITTE 1406 while it is in the
Hudson River.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the security
zone.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at<PHONE_NUMBER> (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement period. This section will be enforced from March
17, 2016 through May 17, 2016, unless terminated sooner by the COTP.

    Dated: March 17, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-07657 Filed 4-1-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12052-12053]
[FR Doc No: 2014-04458]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0593; Airspace Docket No. 13-AGL-22]

Amendment of Class E Airspace; Hamilton, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Hamilton, OH.
Decommissioning of the Hamilton non-directional radio beacon (NDB) at
Butler County Regional Airport has made reconfiguration necessary for
standard instrument approach procedures and for the safety and
management of Instrument Flight Rule (IFR) operations at the airport.
The airport's name and geographic coordinates are also adjusted.

DATES: Effective date: 0901 UTC, May 29, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On December 9, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Hamilton, OH, area, creating additional controlled airspace at Butler
County Regional Airport (78 FR 73750) Docket No. FAA-2013-0593.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9X dated August 7, 2013, and effective
September 15, 2013, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface for standard instrument approach procedures at Butler
County Regional Airport, formerly Hamilton-Fairfield Airport, Hamilton,
OH. Airspace reconfiguration to within a 6.6-mile radius of the airport
is necessary due to the decommissioning of the Hamilton NDB and the
cancellation of the NDB approach. Controlled airspace is necessary for
the safety and management of IFR operations at the airport. Geographic
coordinates are updated to coincide with the FAA's aeronautical
database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Butler County Regional Airport,
Hamilton, OH.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist

that warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL OH E5 Hamilton, OH [Amended]

Butler County Regional Airport, OH
    (Lat. 39[deg]21'50'' N., long. 84[deg]31'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Butler County Regional Airport.

    Issued in Fort Worth, Texas, on February 10, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-04458 Filed 3-3-14; 8:45 am]
BILLING CODE 4910-13-P


 From:
"Higgins, Cortney"<EMAIL_ADDRESS> To:
Keith Barnett/RTP/USEPA/US@EPA
 Cc:
Charlotte Bertrand/DC/USEPA/US@EPA
 Date:
07/26/2010 12:22 PM
 Subject:
RE: Portland Cement Supplemental Documents requested

We are also interested in the document described in the ISIS comparison document, or better understanding what this refers to:
the Control Cost Model from the Engineering Analysis

-----Original Message-----
From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Monday, July 26, 2010 10:39 AM
To: Higgins, Cortney
Cc<EMAIL_ADDRESS>Michael Laney<EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: RE: Portland Cement Supplemental Documents requested

I should be able to get drafts of all of these documents to you by COB Wednesday.  If that changes I'll let you know.

Keith W. Barnett
USEPA/OAQPS/SPPD/MMG
Mail Code D243-02
Research Triangle Park, NC  27711
919-541-5605
<EMAIL_ADDRESS>

|------------>
| From:      |
|------------>


[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50506-50509]
[FR Doc No: 2018-21465]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0549, FRL-9984-58-Region 2]

Approval and Promulgation of Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving several
State Implementation Plan (SIP) revisions submitted by the State of New
Jersey for purposes of implementing Reasonably Available Control
Technology (RACT) for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS). The EPA is approving New Jersey's SIP
revision for the control and prohibition of air pollution by volatile
organic compounds (VOCs) and control and prohibition of air pollution
by oxides of nitrogen (NOX), as they are intended to satisfy
certain control technique guideline (CTG) and NOX RACT
categories. The EPA is approving New Jersey's certification that there
are no sources within the State for the following CTGs: Manufacture of
Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA
is approving New Jersey's RACT SIP as it applies to non-CTG major
sources of VOCs and major sources of NOX. The EPA is also
approving the portions of the comprehensive SIP revision submitted by
New Jersey that certify that the State has satisfied the requirements
for an enhanced motor vehicle Inspection and Maintenance program,
certify that the State has satisfied the requirements for an emission
statement program, certify that the State has satisfied the
requirements for an ozone specific provisions nonattainment new source
review program, and show the State has adopted all NOX RACT
and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These
actions are being taken in accordance with the requirements of the
Clean Air Act.

DATES: This final rule is effective on November 8, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0549. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at<PHONE_NUMBER>,
or by email at [email protected].

SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On July 31, 2018 (83 FR 36816), the EPA published a Notice of
Proposed Rulemaking that proposed to approve the State of New Jersey's
State Implementation Plan (SIP) submittals,\1\ for purposes of
implementing Reasonably Available Control Technology (RACT) \2\ for the
2008 8-hour ozone National Ambient Air Quality Standard (NAAQS or
standard). The EPA proposed to approve New Jersey's June 11, 2015 SIP
submittal, showing that the State meets the RACT requirements for the
2008 8-hour ozone standards. The EPA proposed to approve New Jersey's
June 11, 2015 RACT SIP as it applies to non-CTG major sources of VOCs
and to major sources of NOX. The EPA also proposed to
approve the December 14, 2017 submittal, which established new limits
on NOX emissions from existing simple cycle combustion
turbines combusting natural gas and compressing gaseous fuel at major
NOX facilities and stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities and indicated that the RACT requirements for
the 2008 ozone NAAQS have been fulfilled for sources subject to the
following four CTGs: Industrial Cleaning Solvents (EPA 453/R-06-001);
Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous Metal
and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass Boat
Manufacturing Materials (EPA-453/R-08-004). The EPA also proposed to
approve the portion of New Jersey's SIP revision submitted on January
2, 2018, that certifies the State has satisfied the requirements for a
motor vehicle enhanced inspection and maintenance (I/M) program, an
emission statement program, an ozone specific provisions nonattainment
new source review (NNSR) program, and that the State has adopted all
applicable NOX RACT and VOC RACT.
---------------------------------------------------------------------------

    \1\ New Jersey's SIP submittals included; submittals with cover
letters dated June 11, 2015; November 30, 2017; and December 22,
2017.
    \2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
---------------------------------------------------------------------------

    The specific details of New Jersey's SIP submittals and the
rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this final action. For this
detailed information, the reader is referred to the EPA's July 31, 2018
proposed rulemaking (83 FR 36816).

II. What comments were received in response to the EPA's proposed
action?

    In response to the EPA's July 31, 2018 proposed rulemaking on New
Jersey's SIP submittals, the EPA received four comments during the 30-
day public comment period. The specific comments may be viewed under
Docket ID Number EPA-R02-OAR-2018-0549 on the https://www.regulations.gov website.
    After reviewing the comments, EPA has determined that the comments
are outside the scope of our proposed action or fail to identify any
material issue necessitating a response. The comments do not raise
issues germane to EPA's proposed action. They do not explain (or
provide a legal basis for) how the proposed action should differ in any
way and make no specific mention of the proposed action. Since the
comments are not relevant to the specific action EPA proposed, EPA will
not provide a specific response to the comments.

III. What action is the EPA taking?

    The EPA has evaluated New Jersey's SIP submittals and has
determined that they are consistent with the EPA's guidance documents
as well as the EPA's CTG and Alternative Control Technique (ACT)
documents and are fully approvable as SIP-strengthening measures for
New Jersey's ozone SIP. Specifically, EPA is approving New Jersey's
state-wide RACT submittal dated June 11, 2015 and the State's December
14, 2017 SIP revision rule, which include a declaration that the
following source-specific categories either do not exist in this State,
or fall below significant emission unit applicability thresholds in the
CTGs: (1) Manufacture of Vegetable Oils; (2) Manufacture of Pneumatic
Rubber Tires; (3) Aerospace Coatings; (4) Shipbuilding and Ship Repair
Operations; (5) Metal

Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly
Coatings. The submittals also include amendments to N.J.A.C. 7:27,
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air
Pollution by Oxides of Nitrogen,'' \3\ for purposes of satisfying the
2008 8-hour ozone standard RACT requirements, NOx RACT for major
sources, Non-CTG VOC RACT for major sources, all VOC CTG RACT sources
and relevant OTR RACT requirements. The EPA is also approving portions
of New Jersey's January 2, 2018 SIP revision \4\ that certifies the
State has satisfied the requirements for an enhanced motor vehicle I/M
program, an emission statement program, and ozone specific provisions
NNSR program.
---------------------------------------------------------------------------

    \3\ State Effective dates for both rules is November 6, 2017 (49
N.J.R. 3518).
    \4\ The EPA will act on the remainder of New Jersey's January 2,
2018 SIP revision submittal, including the attainment
demonstrations, Reasonable Further Progress (RFP) requirements and
other portions at a later date.
---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of revisions to
portions of Title 7, Chapter 27: Subchapter 16 and 19 of the New Jersey
Administrative Code that implement New Jersey's Control and Prohibition
of Air Pollution by Volatile Organic Compounds and Control and
Prohibition of Air Pollution from Oxides of Nitrogen, as described in
section III of this preamble.
    EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 2 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\5\
---------------------------------------------------------------------------

    \5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 Clean Air Act; 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 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 December 10, 2018. 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. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 11, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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.

Subpart FF--New Jersey

0
2. In Sec.  52.1570:
0
a. The table in paragraph (c) is amended by revising the entries for
``Title 7, Chapter 27, Subchapter 16'' and ``Title 7, Chapter 27,
Subchapter 19''; and
0
b. The table in paragraph (e) is amended by adding the entries for
``2008 8-hour Ozone RACT analysis'', ``2008 8-hour Ozone Nonattainment
New Source Review Requirements'', ``2008 8-hour Ozone Nonattainment
Emission Statement Program Certification'' and ``2008 8-hour Ozone
Nonattainment Motor Vehicle Enhanced Inspection and Maintenance (I/M)
Program Certification'' at the end of the table.
    The revisions and additions read as follows:

Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *

                               EPA-Approved New Jersey State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                                                             EPA approval
        State citation          Title/subject      State effective date          date             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Title 7, Chapter 27,           Control and      November 6, 2017.........  October 9,       ....................
 Subchapter 16.                 Prohibition of                              2018, Insert
                                Air Pollution                               Federal
                                by Volatile                                 Register
                                Organic                                     citation].
                                Compounds.

                                                  * * * * * * *
Title 7, Chapter 27,           Control and      November 6, 2017.........  October 9,       Subchapter 19 is
 Subchapter 19.                 Prohibition of                              2018, Insert     approved into the
                                Air Pollution                               Federal          SIP except for the
                                from Oxides of                              Register         following
                                Nitrogen.                                   citation].       provisions: (1)
                                                                                Phased compliance
                                                                                plan through
                                                                                repowering in
                                                                                Section 19.21 that
                                                                                allows for
                                                                                implementation
                                                                                beyond May 1, 1999;
                                                                                and (2) phased
                                                                                compliance plan
                                                                                through the use of
                                                                                innovative control
                                                                                technology in
                                                                                Section 19.23 that
                                                                                allows for
                                                                                implementation
                                                                                beyond May 1, 1999.

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

* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
         SIP element               geographic or     New Jersey submittal date    EPA approval     Explanation
                                nonattainment area                                    date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-hour Ozone RACT         Statewide...........  June 11, 2015 and January  October 9,        Full
 Analysis.                                            2, 2018.                   2018, Insert     approval.
                                                                                Federal          Includes CTGs,
                                                                                Register         NOX RACT for
                                                                                citation].       major sources
                                                                                and non-CTG
                                                                                RACT sources.
2008 8-hour Ozone Specific     Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment New Source                                                        2018, Insert     approval.
 Review Requirements.                                                            Federal
                                                                                Register
                                                                                citation].
2008 8-hour Ozone              Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment Emission                                                          2018, Insert     approval.
 Statement Program                                                               Federal
 Certification.                                                                  Register
                                                                                citation].
2008 8-hour Ozone              Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment Motor Vehicle                                                     2018, Insert     approval.
 Enhanced Inspection and                                                         Federal
 Maintenance (I/M) Program                                                       Register
 Certification.                                                                  citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-21465 Filed 10-5-18; 8:45 am]
 BILLING CODE 6560-50-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

                              September 20, 2012

                                                                PC Code: 129131
MEMORANDUM	DP Barcode: 404840

SUBJECT:	Fenpyroximate: Drinking Water Exposure Assessment for Proposed New Uses on Stone Fruits (Crop Group 12-12), Tuberous and Corm Vegetables (Crop Subgroup 1C), and Small Vine Climbing Fruits Except Kiwifruit (Crop Subgroup 13-07F)

FROM:	Greg Orrick, Environmental Scientist
	ERB2/EFED (7507P)

THROUGH:  R. David Jones, Ph.D., Senior Agronomist
	Brian Anderson, Chief
	ERB2/EFED (7507P)

TO:	George Kramer, Ph.D., Senior Chemist
	Dana Vogel, Chief
	RAB1/HED (7509P)

	Sidney Jackson, Risk Manager
	Barbara Madden, Team Leader, RM Team 5
	RIMUERB/RD (7505P)

	Driss Benmhend, Product Manager
	Mark Suarez, Team Leader, RM Team 13
	IB/RD (7505P)

      The Environmental Fate and Effects Division (EFED) has completed its drinking water exposure assessment for the proposed new uses of fenpyroximate on stone fruits (Crop Group 12-12), tuberous and corm vegetables (Crop Subgroup 1C), and small vine climbing fruits (Crop Subgroup 13-07F).  Proposed maximum use patterns for the proposed uses are in Table 1.  None of the proposed uses will result in higher estimated drinking water concentrations (EDWC) than were calculated in the previous long-format drinking water exposure assessment (DP barcode 391431; USEPA, 2012) because previously calculated EDWCs were based on the maximum use pattern for the current use on ornamentals (two applications per year, each at 0.343 lbs a.i./acre), which has higher single and annual application rates than those of the proposed uses.  Therefore, the EDWCs of the previous long-format assessment (repeated in Table 2) remain unchanged for this assessment.  For additional detail, please refer to the previous long-format assessment (USEPA, 2012).

Table 1. Proposed Fenpyroximate Use Patterns
                                      Use
                             Max. Single App. Rate
                                 (lbs a.i./A)
                      Max. Annual App. Rate (lbs a.i./A)
                               App. Interval (d)
                               Application Type
                       Additional Application Directions
                                 Stone fruits
                                     0.105
                                     0.21
                                      14
                                    Ground
Do not apply within 75 feet of fish-bearing waters.  Do not use products with the same mode of action in consecutive applications.
                         Tuberous and corm vegetables
                                     0.105
                                   0.21 [A]
                                       7
                               Aerial or ground

                  Small vine climbing fruits except kiwifruit
                                      0.1
                                     0.1 A
                              14 (not applicable)
                                    Ground

A	The labeled application rate limit is given per crop cycle or per growing season.  These crops have only one crop cycle or growing season per year (USEPA, 2007).  Therefore, these rate limits were used as annual rate limits.

Table 2.  Maximum Screening Drinking Water Exposure Estimates for Current and Proposed Fenpyroximate Uses [A]
Source (Tier: Model)
Use (Maximum Annual Rate)
                             Peak Exposure (μg/L)
                         Annual Mean Exposure (μg/L)
Surface water (Tier I: FIRST)
Ornamentals (0.69 lbs a.i./A)
                                      29
                                      1.9
Surface water (Tier I: Cranberry model)
Cranberries (0.20 lbs a.i./A)
                                      43
                                      8.6
Ground water (Tier I: SCI-GROW)
Ornamentals (0.69 lbs a.i./A)
                                    <=0.27
[A] Maximum values in bold.

References

 U.S. Environmental Protection Agency (USEPA). Kaul, M. 2007. Maximum Number of Crop Cycles per Year in California for Methomyl Use Sites. U.S.Environmental Protection Agency, Office of Prevention, Pesticides, and Toxic Substances, Biological and Economic Analysis Division. Memorandum to M. Panger, Environmental Fate and Effects Division. Feb. 28, 2007.

USEPA. 2012. Fenpyroximate: Drinking Water Exposure Assessment for Proposed New Uses on Snap Beans and Tropical Fruits including Avocado and a Proposed Outdoor Use on Cucumbers. DP barcode 391431. U.S. Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, Environmental Fate and Effects Division. Memorandum to the Health Effects Division and Registration Division. Jan. 23, 2012.


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Notices]
[Page 41710]
[DOCID:fr18au09-53]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0637]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Financial Disclosure by Clinical
Investigators

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Financial Disclosure by Clinical
Investigators'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857<EMAIL_ADDRESS>301-
796-3792.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 22, 2009
(74 FR 18385), the agency announced that the proposed information
collection had been submitted to OMB for review and clearance under 44
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0396.
The approval expires on August 31, 2012. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: August 11, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-19788 Filed 8-17-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73330-73331]
[FR Doc No: 2023-23506]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-1888-044]

York Haven Power Company, LLC; Notice Of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

October 18, 2023.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Amendment of license.
    b. Project No.: 1888-044.
    c. Dates Filed: June 20 and August 30, 2023.
    d. Applicant: York Haven Power Company, LLC.
    e. Name of Project: York Haven Hydroelectric Project.
    f. Location: The project is located on the Susquehanna River in
York, Lancaster, and Dauphin counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Ms. Jody Smet, York Haven Power Company, LLC
c/o Eagle Creek Renewable Energy, LLC, 7315 Wisconsin Avenue, Suite
1100W, Bethesda, MD, 04462,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Steven Sachs,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. The first page of any filing should
include docket number P-1888-044.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Request: The applicant proposes to replace the
turbines and gearboxes for units 8 and 10. The proposal would not
result in a change to the hydraulic capacity of the project but would
increase the authorized installed capacity by 350 kilowatts. The
applicant does not

propose any changes to project operation or other project facilities.
    l. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at [email protected] or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``MOTION TO
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading
the name of the applicant and the project number(s) of the application
to which the filing responds; (3) furnish the name, address, and
telephone number of the person intervening or protesting; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to intervene, or protests must set
forth their evidentiary basis. A copy of all other filings in reference
to this application must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 18, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23506 Filed 10-24-23; 8:45 am]
BILLING CODE 6717-01-P