[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52203-52204]
[FR Doc No: 2013-20506]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0277]

Guidance for Industry on Compliance With Regulations Restricting
the Sale and Distribution of Cigarettes and Smokeless Tobacco To
Protect Children and Adolescents; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Compliance With
Regulations Restricting the Sale and Distribution of Cigarettes and
Smokeless Tobacco to Protect Children and Adolescents.'' This guidance
is intended to help small entities and other stakeholders comply with
FDA's regulations restricting the sale and distribution of cigarettes
and smokeless tobacco to protect children and adolescents.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Center for Tobacco Products, Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850-3229. Send one self-addressed
adhesive label to assist that office in processing your request or
include a fax number to which the guidance document may be sent. See
the SUPPLEMENTARY INFORMATION section for information on electronic
access to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Office of Compliance and Enforcement,
Center for Tobacco Products, Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850-3229,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Family Smoking Prevention and Tobacco Control Act (Tobacco
Control Act) (Pub. L. 111-31; 123 Stat. 1776) was enacted on June 22,
2009, amending the Federal Food, Drug, and Cosmetic Act (FD&C Act) and
providing FDA with authority to regulate tobacco products. Section 102
of the Tobacco Control Act requires FDA to publish final regulations
regarding cigarettes and smokeless tobacco which are identical in their
provisions to the regulations issued by FDA on August 28, 1996 (61 FR
44396), with certain specified exceptions. In the Federal Register of
March 19, 2010 (75 FR 13225), FDA published its final regulations
entitled ``Regulations Restricting the Sale and Distribution of
Cigarettes and Smokeless Tobacco to Protect Children and Adolescents,''
codified at 21 CFR part 1140. The final regulations apply to
manufacturers, distributors, and retailers who manufacture, distribute,
or sell cigarettes or smokeless tobacco products.
    These regulations took effect on June 22, 2010, and impose
restrictions on sales and distribution, including youth access, and
advertising and labeling of cigarettes, including roll-your-own
tobacco, cigarette tobacco, and smokeless tobacco. For instance,
retailers are: Prohibited from selling cigarettes, including roll-your-
own tobacco, cigarette tobacco, or smokeless tobacco to persons under
the age of 18; required to verify the age of all customers under the
age of 27 by checking a photographic identification that includes the
bearer's date of birth; and prohibited from distributing free samples
of cigarettes.
    FDA announced the publication of a draft guidance document on this
subject on June 9, 2010 (75 FR 32791), and issued a revised draft
guidance on March 23, 2011 (76 FR 16424), to

remove potential ambiguities and address several issues not included in
the original draft guidance. In response to comments submitted to the
public docket, at stakeholder meetings, and in calls from the public,
FDA has provided additional clarifying examples to assist in complying
with part 1140.

II. Significance of Guidance

    FDA is issuing this guidance document consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on ``Compliance with Regulations
Restricting the Sale and Distribution of Cigarettes and Smokeless
Tobacco To Protect Children and Adolescents.'' It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statute and regulations.

III. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    An electronic version of the guidance document is available on the
Internet at http://www.regulations.gov and http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: August 19, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-20506 Filed 8-21-13; 8:45 am]
BILLING CODE 4160-01-P


From:       Richard Krock<EMAIL_ADDRESS>

  To:         Jodi Howard/RTP/USEPA/US@EPA

  Cc:         Mary Bachynsky<EMAIL_ADDRESS>

  Date:       08/05/2009 01:19 PM

  Subject:    FW: PVC Dioxin Report

Ms. Howard,

Mary Bachynsky is on vacation this week.  She asked me to respond to
your request for the subject report.  There are 4 volumes of this
report.  I have attached an electronic copy of volume 1 which is a
detailed summary and discussion of the work.  The electronic copy of
volume 1 is in two files (attached) since it is too large to scan into
one file with our equipment.  I will be happy to send the other 3
volumes of the work which are the appendices to the summary if you think
you need the added detail.  The other 3 volumes number in the thousands
of pages.  The complete list of appendices are shown in the index for
volume 1 on pages viii to ix.  I can scan specific appendices related to
your interest if you like, e.g. air quality only.  Also, this entire 4
volume set was prepared and submitted to the EPA in 2002, so it should
be on file at your organization.  If you would like a hard copy sent to
you overnight, let me know what volumes you would like to have.  Please
contact me for the additional information if needed.  Thank you.

Richard Krock
Technical Director

The Vinyl Institute
1737 King Street Suite 390
Alexandria, VA 22314
Direct:<PHONE_NUMBER>
Mobile:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>http://www.vinylinfo.org/
http://www.vinylindesign.com/
-----Original Message-----
From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Tuesday, August 04, 2009 11:11 AM
To<EMAIL_ADDRESS>Subject: PVC Dioxin Report

Ms. Bachynsky,

During our July  23rd meeting and in your June 26, 2008 letter to the
EPA, you referenced "The Vinyl Institute Dioxin Characterization
Program, Final Report July 1, (2002)."  Would you please send me a copy
of this report?

Thanks.

************************************************************
Jodi Howard, Environmental Engineer
U.S. EPA - Office of Air Quality Planning and Standards
Sector Policies and Program Divisions
Coatings and Chemicals Group
Mail Code:  E143-01
Research Triangle Park, NC 27711
Phone:<PHONE_NUMBER>                Fax:<PHONE_NUMBER>

____________________________________________________________
This communication is solely for use by the intended recipient and may
contain information that is privileged, confidential or copyrighted
under applicable law. If you are not the intended recipient, you are
hereby formally notified that any use, copying or distribution of this
communication, in whole or in part, is strictly prohibited. Unless
explicitly stated, this communication does not constitute a contract
offer, a contract amendment, or an acceptance of a contract offer. This
communication also does not constitute consent to the use of sender's
contact information for direct marketing purposes or for transfers of
data to third parties.

(See attached file: VI Dioxin Characterization Stack Emissions July 1
2002 Final Report Vol 1  Ch 1-10.pdf)(See attached file: VI Dioxin
Characterization Stack Emissions July 1 2002 Final Report Vol 1  Ch
10-13.pdf)


[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23725-23726]
[FR Doc No: 2023-08156]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0047]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition; correction.

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SUMMARY: In a notice of final disposition published in the Federal
Register on March 21, 2023, FMCSA announced its decision to exempt 15
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to operate CMVs in interstate commerce.
The notice was inadvertently published indicating the incorrect
expiration date of the exemptions granted. This notice corrects that
error.

DATES: This correction is effective March 21, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing materials in the docket, contact Dockets Operations,
(202) 366-9826.

SUPPLEMENTARY INFORMATION: On March 21, 2023, FMCSA published a notice
of final disposition (88 FR 17080) with an effective date of March 21,
2023, which FMCSA announced its decision to exempt 15 individuals from
the requirement in the FMCSRs that interstate CMV drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce. That notice
was inadvertently published indicating the incorrect expiration date of
the exemptions granted. Through this notice, FMCSA corrects the March
21, 2023, notice of final disposition by indicating the correct
expiration date of the exemptions granted.\1\
---------------------------------------------------------------------------

    \1\ The published version of the original notice is included in
the docket for this correction.
---------------------------------------------------------------------------

    In FR Doc. 2023-05754 appearing on page 17080 in the Federal
Register on March 21, 2023, the following correction is made:
    1. On page 17080, in the third column, ``The exemptions expire on
February 28, 2023.'' is corrected to read ``The exemptions expire on
February 28, 2025.''

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-08156 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Rules and Regulations]
[Page 11090]
[FR Doc No: 2013-03559]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 117, 119, and 121

[Docket No. FAA-2009-1093; Amdt. Nos. 117-1, 119-16, 121-357]
RIN 2120-AJ58

Flightcrew Member Duty and Rest Requirements; Technical
Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical correction.

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SUMMARY: The FAA is correcting the effective date of a final rule
correction for flightcrew member duty and rest requirements published
on February 6, 2013, that required technical corrections in the
codified text of the final flightcrew member duty and rest rule. The
correct effective date of the rule should read January 4, 2014.

DATES: Effective date: The effective date of a final rule correction
published in the Federal Register of February 6, 2013 (78 FR 8361), is
corrected from January 14, 2014, to January 4, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Dale E. Roberts, AFS-200, Flight Standards
Service, Air Transportation Division Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Robert Frenzel,
AGC-220, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2012, the FAA published a final rule entitled
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger
operations. As part of this rulemaking, the FAA also applied the new
part 117 to certain part 91 operations, and it permitted all-cargo
operations operating under part 121 to voluntarily opt into the part
117 flight, duty, and rest regulations.
    Subsequent to publication, the FAA discovered several issues
requiring a technical correction in the regulatory text of the rule and
published a final rule, technical correction on February 6, 2013 (78 FR
8361). The FAA realized that the effective date in this rule was
inadvertently changed from January 4, 2014, to January 14, 2014.
    This technical correction changes the effective date to January 4,
2014.

    Issued in Washington, DC, on February 11, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and
Regulations.
[FR Doc. 2013-03559 Filed 2-14-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Proposed Rules]
[Pages 24064-24069]
[FR Doc No: 2019-10798]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2019-0002; 9991-98-Region 8]

Federal Implementation Plan To Establish a Bank for Ozone
Precursor Emission Reduction Credits From Existing Sources on Indian
Country Lands Within the Uinta Basin Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The purpose of this Advance Notice of Proposed Rulemaking
(ANPRM) is to solicit broad feedback on different approaches to
establishing a voluntary emission reduction credit (ERC) bank for ozone
precursors, specifically volatile organic compounds (VOCs) and nitrogen
oxides (NOX), as part of a Clean Air Act (CAA) Federal
Implementation Plan (FIP) applicable to stationary sources on Indian
country lands within the Uintah and Ouray Indian Reservation (U&O
Reservation) that are part of the Uinta Basin Ozone Nonattainment Area.
The EPA designated portions of the ``Uinta Basin'' region nonattainment
for the 2015 Ozone NAAQS, effective August 3, 2018. The ERCs described
in this ANPRM could be generated and used for several air quality
planning purposes: assisting in achievement of the ozone National
Ambient Air Quality Standard (NAAQS), general conformity
demonstrations, and nonattainment new source review (NNSR) permitting
related to development of new VOC and NOX emissions sources
in Indian country portions of the Uinta Basin Ozone Nonattainment Area
in Utah. We are also inviting comment on the potential for the bank to
interact with sources that are outside the nonattainment area or the
U&O Reservation.

DATES: Comments must be received on or before July 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0002, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, U.S. EPA, Region 8, Air
Program, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing
authority,'' ``we,'' ``us'' and ``our'' refer to the EPA.

ANPRM: Advance Notice of Proposed Rulemaking.
APA: The Administrative Procedure Act.
Act or CAA: Clean Air Act, unless the context indicates otherwise.
CBI: Confidential Business Information.
EIP: Economic Incentive Programs.
EPA: The United States Environmental Protection Agency.
ERC: Emission Reduction Credit.
FIP: Federal Implementation Plan.
NAAQS: National Ambient Air Quality Standards.
NAICS: North American Industry Classification System.
NESHAP: National Emission Standards for Hazardous Air Pollutants.
NOX: Nitrogen oxides.
NPRM: Notice of Proposed Rulemaking.
NNSR: Nonattainment New Source Review.
NSR: New Source Review.
NTTAA: National Technology Transfer and Advancement Act.
OMB: Office of Management and Budget.
RACT: Reasonably Available Control Technology.
RFA: Regulatory Flexibility Act.
RFP: Reasonable Further Progress.
SIP: State Implementation Plan.
TAR: Tribal Authority Rule.
TAS: Treatment in the same manner as a state.
TIP: Tribal Implementation Plan.
TPY: Tons Per Year.
UDEQ: Utah Department of Environmental Quality's Division of Air
Quality.
U&O Reservation or the Reservation: Uintah & Ouray Indian
Reservation.
VOC: Volatile organic compound(s).

    This preamble is organized as follows:

I. General Information
    A. Would this potential action apply to me?

    B. What should I consider as I prepare my comments to the EPA?
    C. Where can I get a copy of this document and other related
information?
II. Purpose of This Advance Notice of Proposed Rulemaking
III. What is an emission reduction credit bank?
IV. Background on the U&O Reservation
V. Areas Where the EPA Is Requesting Comment
    A. Conceptual Support for an EPA-run U&O ERC Bank
    B. Participation in the U&O ERC Bank
    C. ERC Bank Format
    D. Creditable Emission Reductions
    E. Trading of ERCs
    F. Use of ERCs
    G. Withdrawal of ERCs From the Bank
    H. Emissions Reductions Achieved Prior to the Effective Date of
Final U&O ERC Banking Rule
    I. Geographic Considerations and Interaction With Utah State
Land CAA Planning Requirements
    J. General Comments
VI. Statutory and Executive Order Reviews

I. General Information

A. Would this potential action apply to me?

    Entities potentially affected by this upcoming proposed FIP consist
of existing sources of emissions of ozone precursors (VOC and
NOX) on Indian country lands that are both (1) within the
U&O Reservation \1\ and (2) part of the Uinta Basin Ozone Nonattainment
Area. All the Indian country lands within the Uinta Basin Ozone
Nonattainment Area of which the EPA is aware are within the U&O
Reservation. Further, all of the Ute Indian Tribe Indian country lands
of which the EPA is aware are located within the Reservation.\2\ To the
extent that there are Ute Indian Tribe dependent Indian communities
under 18 U.S.C. 1151(b) or allotted lands under 18 U.S.C. 1151(c) that
are located outside the exterior boundaries of the Reservation, those
lands would not be covered by this FIP unless the EPA or the Tribe
demonstrates that the Tribe has jurisdiction over the area. In
addition, there are parts of the Uinta Basin Ozone Nonattainment Area
that are not within Indian country. Any proposed FIP will not apply to
any sources on non-Indian-country lands, including any non-Indian-
country lands within the exterior boundaries of the Reservation. The
EPA expects that entities with operations in the oil and natural gas
production and natural gas processing segments of the oil and natural
gas sector would be the primary depositors of ERCs in a U&O ERC bank,
while new or modified major sources of VOC or NOX emissions
in various source categories would be the primary purchasers of banked
ERCs to support Nonattainment New Source Review (NNSR) permitting.
However, other source categories may choose to participate in either
depositing ERCs or purchasing banked ERCs to support NNSR permitting of
new or modified major or minor sources of VOC or NOX
emissions.
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    \1\ See discussion at section IV below, for more information on
the establishment of the Reservation.
    \2\ Under the CAA, lands held in trust for the use of an Indian
tribe are reservation lands within the definition at 18 U.S.C.
1151(a), regardless of whether the land is formally designated as a
reservation. See 63 FR 7254, 7258 (Feb. 12, 1998) (``Tribal
Authority Rule''); Arizona Pub. Serv. Co. v. EPA, 211 F.3d 1280,
1285-86 (D.C. Cir. 2000). EPA's references in this FIP to Indian
country lands within the exterior boundaries of the U&O Reservation
include any such tribal trust lands that may be acquired by the Ute
Indian Tribe.
     In 2014, the U.S. Court of Appeals for the D.C. Circuit
addressed EPA's authority to promulgate a FIP establishing certain
CAA permitting programs in Indian country. Oklahoma Dept. of
Environmental Quality v. EPA, 740 F. 3d 185 (D.C. Cir. 2014). In
that case, the court recognized EPA's authority to promulgate a FIP
to directly administer CAA programs on Indian reservations but
invalidated the FIP at issue as applied to non-reservation areas of
Indian country in the absence of a demonstration of an Indian
tribe's jurisdiction over such non-reservation area. Because the
current proposed rule would apply only on Indian country lands that
are within the exterior boundaries of the U&O Reservation, i.e., on
reservation areas, the Oklahoma court decision is not implicated.

     Table 1--Source Categories Affected by This Anticipated Action
------------------------------------------------------------------------
                                                Examples of regulated
       Industry category         NAICS code    entities/description of
                                                  industry category
------------------------------------------------------------------------
Oil and Gas Production/               21111  Exploration for crude
 Operations.                                  petroleum and natural gas;
                                              drilling, completing, and
                                              equipping wells; operation
                                              of separators, emulsion
                                              breakers, desilting
                                              equipment, and field
                                              gathering lines for crude
                                              petroleum and natural gas;
                                              and all other activities
                                              in the preparation of oil
                                              and gas up to the point of
                                              shipment from the
                                              producing property.
                                              Production of crude
                                              petroleum, the mining and
                                              extraction of oil from oil
                                              shale and oil sands, the
                                              production of natural gas,
                                              sulfur recovery from
                                              natural gas, and the
                                              recovery of hydrocarbon
                                              liquids from oil and gas
                                              field gases.
Crude Petroleum and Natural          211111  Exploration, development
 Gas Extraction.                              and/or the production of
                                              petroleum or natural gas
                                              from wells in which the
                                              hydrocarbons will
                                              initially flow or can be
                                              produced using normal
                                              pumping techniques or
                                              production of crude
                                              petroleum from surface
                                              shales or tar sands or
                                              from reservoirs in which
                                              the hydrocarbons are
                                              semisolids.
Natural Gas Liquid Extraction.       211112  Recovery of liquid
                                              hydrocarbons from oil and
                                              gas field gases; and
                                              sulfur recovery from
                                              natural gas.
Drilling Oil and Gas Wells....       213111  Drilling oil and gas wells
                                              for others on a contract
                                              or fee basis, including
                                              spudding in, drilling in,
                                              redrilling, and
                                              directional drilling.
Support Activities for Oil and       213112  Performing support
 Gas Operations.                              activities on a contract
                                              or fee basis for oil and
                                              gas operations (except
                                              site preparation and
                                              related construction
                                              activities) such as
                                              exploration (except
                                              geophysical surveying and
                                              mapping); excavating slush
                                              pits and cellars, well
                                              surveying; running,
                                              cutting, and pulling
                                              casings, tubes, and rods;
                                              cementing wells, shooting
                                              wells; perforating well
                                              casings; acidizing and
                                              chemically treating wells;
                                              and cleaning out, bailing,
                                              and swabbing wells.
Engines (Spark Ignition and            2211  Provision of electric power
 Compression Ignition) for                    to support oil and natural
 Electric Power Generation.                   gas production where
                                              access to the electric
                                              grid is unavailable.
Fossil Fuel Electric Power           221112  Operating fossil fuel
 Generation.                                  powered electric power
                                              generation facilities
                                              using fossil fuels, such
                                              as coal, oil, or gas, in
                                              internal combustion or
                                              combustion turbine
                                              conventional steam process
                                              to produce electric
                                              energy. Electric energy
                                              production is provided to
                                              electric power
                                              transmission systems or to
                                              electric power
                                              distribution systems.

Petroleum Bulk Stations and          424710  Bulk liquid storage
 Terminals.                                   facilities primarily
                                              engaged in the merchant
                                              wholesale distribution of
                                              crude petroleum and
                                              petroleum products,
                                              including liquefied
                                              petroleum gas.
------------------------------------------------------------------------

    This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities potentially affected by this
anticipated action. If you have any questions regarding the
applicability of this potential action to a particular entity, contact
the appropriate person listed in the FOR FURTHER INFORMATION CONTACT
section.

II. Purpose of This Advance Notice of Proposed Rulemaking

    The EPA is issuing this ANPRM to solicit comment on how to best
design and implement an ERC banking and trading program for stationary
sources located on the Indian country portion of the Uinta Basin Ozone
Nonattainment Area.\3\ (As discussed previously, the Indian country
lands within the Uinta Basin Ozone Nonattainment Area to which a U&O
ERC bank would apply are on the U&O Reservation. There are, in
addition, portions of the nonattainment area that are outside of Indian
country; sources in those areas are subject to state law.\4\) Allowing
sources to use an EPA-run bank to credit eligible emissions reductions
would serve three purposes:
---------------------------------------------------------------------------

    \3\ Effective August 3, 2018, certain parts of the Uinta Basin
were classified as a Marginal nonattainment area for the 2015 ozone
NAAQS. 83 FR 25776, 25837 (June 4, 2018); see also information and
links posted at https://www.epa.gov/ozone-designations/additional-designations-2015-ozone-standards.
    \4\ As noted previously, our expectation is that the bank will
apply only to stationary sources on Indian country lands within the
U&O Reservation that are part of the Uinta Basin Ozone Nonattainment
Area, but we are taking comment on the potential for the bank to
interact with sources that are outside the nonattainment area or the
U&O Reservation.
---------------------------------------------------------------------------

    1. The requirement to obtain offsets (as ERCs) for permitting new
or modified major sources would likely incentivize industry to
voluntarily implement controls on existing operations, which would lead
to emissions reductions sooner than would otherwise occur. We expect,
based on the existing emissions inventory, that the primary generators
of ERCs will be minor oil and natural gas production sources, while the
primary users of ERCs as compensating emissions reductions will be new
or modified major sources.
    2. The ability to bank emissions credits would facilitate continued
economic development by providing a market for compensating emissions
reductions and offsets, such as those required to construct new and
modified major sources in the nonattainment area. The Uinta Basin Ozone
Nonattainment Area is classified as a Marginal nonattainment area for
the 2015 ozone NAAQS. At the Marginal level of nonattainment, offsets
for permitting new or modified major sources could be purchased and
used at a ratio of 1.1 ton of emissions reductions of an ozone
precursor to every 1 ton of new emissions added to the Basin.\5\ This
requirement for major source offsets ensures a declining emissions
trend, while still allowing new major source development.\6\ As
discussed below, other options exist to increase the effectiveness of
this program as a means of reducing emissions and improving air
quality.
---------------------------------------------------------------------------

    \5\ CAA section 182(a)(4), 42 U.S.C. 7511a(a)(4) (setting
general offset requirement for Marginal Areas).
    \6\ Although minor sources are not subject to this major source
individual offset requirement, the EPA believes that 1:1
compensating emissions reductions could be the simplest way to show
that a new minor source does not ``cause or contribute'' to a NAAQS
violation. The EPA is open to ideas about other ways to make this
demonstration.
---------------------------------------------------------------------------

    3. The ability to bank emissions credits for later use to satisfy
CAA general conformity requirements applicable to federal actions would
minimize delays in such actions.
    To ensure the integrity of the program and its consistency with the
CAA, to qualify as ERCs, emissions reductions are required to be
quantifiable, enforceable, permanent, and surplus of CAA
requirements.\7\
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    \7\ For detailed discussion of the meaning of these terms
(quantifiable, enforceable, permanent, and surplus) in this context,
see Improving Air Quality with Economic Incentive Programs, EPA-452/
R-01-001 (EPA Office of Air and Radiation, 2001) (``EIP Guidance,''
available at https://www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf), chapter 4 (describing these ``fundamental
principles'' of all banking and trading programs). For additional
authorities establishing that CAA emission reduction credits must be
quantifiable, enforceable, permanent, and surplus, see CAA section
173(c), 42 U.S.C. 7503(c) (requiring that emissions offsets in
nonattainment permitting be ``not otherwise required,'' ``in
effect'' by the time a source commences operation, and
``enforceable''); 40 CFR 51.165(a)(3)(ii)(C)(1)(i) (requiring that
SIPs and TIPs provide that emission reduction credits from shutdowns
or operational curtailments must be surplus, quantifiable,
enforceable, and permanent); 40 CFR part 51, subpart U (rules for
``mandatory'' economic incentive programs submitted as part of
satisfying SIP requirements under CAA sections 182 and 187) (stating
that programs must be ``state and federally enforceable,'' and that
``[p]rograms in nonattainment areas for which credit is taken in
attainment and RFP demonstrations shall be designed to ensure that
the effects of the program are quantifiable and permanent over the
entire duration of the program, and that the credit taken is limited
to that which is surplus.''); Emissions Trading Policy Statement, 51
FR 43814, 43831 (Dec. 4, 1986) (``To assure that emissions trades do
not contravene relevant requirements of the Clean Air Act, only
reductions which are surplus, enforceable, permanent, and
quantifiable can qualify as ERCs and be banked or used in an
emissions trade.''); Emissions Offset Interpretive Ruling, 44 FR
3274, 3274-76 (Jan. 16, 1979) (``Emissions reductions achieved by
shutting down an existing source or curtailing production or
operating hours may be generally credited for offsets if they . . .
are surplus, permanent, quantifiable, and federally enforceable. .
.'').
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    The CAA allows the establishment of emissions banking and trading
systems to meet applicable requirements, and allows for flexibility and
tailoring of the program to specific geographic areas.\8\ As discussed
in detail in Section V of this ANPRM, the EPA is requesting comments on
a range of elements concerning whether and how an ERC banking rule
should be designed and implemented for the Indian country portion of
the Uinta Basin Ozone Nonattainment Area. We will take this feedback
into consideration in developing a notice of proposed rulemaking (NPRM)
for a FIP for crediting ozone precursor emissions reductions from
existing Indian country sources within the Uinta Basin Ozone
Nonattainment Area.
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    \8\ See, e.g., CAA sections 110(a)(2)(A), 42 U.S.C
7410(a)(2)(A), and 172(c)(6) (state implementation plans must have
``control measures, means, or techniques (including economic
incentives such as fees, marketable permits, and auctions of
emissions rights)''; see also EIP Guidance.
---------------------------------------------------------------------------

III. What is an emission reduction credit bank?

    The following information is meant to give the reader a general
overview of ERC banks. Specifics may vary depending on the design of
the actual regulatory program.
    Generally speaking, source owners or operators can generate
emissions reductions using a number of approaches, including curtailing
emissions or shutting down emissions units. These emissions reductions
can

then be certified as ERCs and deposited in a bank provided they meet
relevant requirements. ERCs can thus be viewed as financial incentives
that can be saved for later use as emissions offsets by the depositor
or sold or traded at the market price to other sources needing
emissions offsets.
    ERCs are generated when owners or operators of a facility or source
reduce emissions of criteria pollutants \9\ or their precursors below
any applicable regulatory requirements, while complying with all other
applicable requirements of the CAA.\10\ ERCs can be generated from
permanent shutdown and removal of equipment; upgrade or retrofit to
more stringent emissions controls; or change of process, methods, or
operating guidelines that would affect emissions. These control methods
and technologies must result in real, quantifiable, enforceable, and
permanent reductions in emissions, and the reductions must be surplus
of CAA requirements.\11\
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    \9\ While lead is a criteria pollutant, ERC banks should not
address lead emissions. See EIP Guidance.
    \10\ An ERC must not conflict with or override other CAA
requirements that may apply to an area or source(s) (e.g., part D
nonattainment NSR offset requirements or part C PSD requirements)
regardless of the attainment classification of an area. See EIP
Guidance at 15.
    \11\ See n. 7, above.
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    The overall purpose of an ERC bank is to apply market-based
strategies to encourage reductions in emissions for an area, which may
help meet shared air quality goals. An ERC bank promotes flexibility
and innovation in complying with state and federal air emissions
requirements established in a SIP/FIP/TIP and SIP/FIP/TIP-approved air
permitting programs. This flexibility should allow for the achievement
of air quality goals (e.g., SIP/FIP/TIP requirements) more quickly and
at a lower cost while still complying with all applicable requirements
of the CAA.
    As mentioned in Section I, we expect that a principal use of
emission reduction credits will be to offset new and modified major
source emissions as part of NNSR permitting. Sections 172(c)(5) and 173
of Part D of title I of the CAA and EPA's implementing regulations at
40 CFR 51.165 contain the NSR requirements for areas designated
nonattainment for a NAAQS. NNSR only applies to pollutants or their
precursors for which the area is designated as nonattainment for a
NAAQS under the CAA. The NNSR program has specific emissions thresholds
for determining which new sources or modifications of existing sources
are ``major'' based on the nonattainment classification of the specific
pollutant.\12\ Once a stationary source is subject to the major NNSR
program, the source must meet several criteria to receive a
preconstruction permit. The most significant of these requirements are
the application of the Lowest Achievable Emissions Rate (LAER) to the
stationary source or project and the requirement to offset potential
emissions increases from the project with decreases in actual emissions
from the same or other stationary sources located in the same
nonattainment area or a nonattainment area of equal or higher
classification.
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    \12\ The ``major stationary source'' threshold for a marginal
and moderate nonattainment areas is 100 tpy for a pollutant or
precursor. NNSR also applies to existing major stationary sources
that undertake a ``major modification,'' which occurs when the
change ultimately results in a ``significant net'' emissions
increase of the nonattainment pollutant (significance rates are
defined in 40 CFR 51.165(a)(1)(v)). The significance threshold is
lower in certain nonattainment areas with higher degrees of
nonattainment, with the specific level based on the area's
nonattainment classification.
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    Under existing EPA regulations, source owners seeking permits for
construction of new or modified minor sources in a nonattainment area
of Indian country must demonstrate that the source will not cause or
contribute to a NAAQS violation. 40 CFR 49.155(a)(7)(ii). The EPA's
Indian Country Oil and Natural Gas True Minor Source FIP allowed
streamlined permitting of new and modified minor oil and natural gas
sources on Indian country lands within the U&O Reservation before the
designation of the Uinta Basin Ozone Nonattainment Area, but that FIP
does not currently provide for streamlined permitting of sources in the
nonattainment area.\13\ Instead, those sources must obtain source-
specific permits before beginning construction, under the rules at 40
CFR 49.151 through 49.165.\14\
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    \13\ See 40 CFR 49.101(b)(1)(v).
    \14\ On May 8, 2018, EPA proposed to amend the Indian Country
Oil and Natural Gas True Minor Source FIP to allow the FIP to apply
in the Uintah Basin Ozone Nonattainment Area. See 83 FR 20775.
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IV. Background on the U&O Reservation

    The Ute Indian Tribe is a federally recognized Indian tribe
organized under the Indian Reorganization Act of 1934,\15\ with its
Constitution and By-Laws adopted by the Tribe on December 19, 1936, and
approved by the Secretary of the Interior on January 19, 1937.\16\ The
Uintah and Ouray Indian Reservation was formerly the Uintah Valley and
Uncompahgre Reservations, which were established in 1861 and 1882,
respectively.\17\ The Tribe's Constitution and By-Laws reorganized
three Ute Tribes into one, and clarified that tribal jurisdiction
within the U&O Reservation extends to the territory within the original
Uintah and Uncompahgre Reservations, which was later enlarged through
the Hill Creek Extension Act of 1948.\18\ The U&O Reservation currently
includes all Indian country lands within its exterior boundaries, as
defined by the 1861 and 1882 Executive Orders, the Act of May 5, 1864,
the Hill Creek Extension Act of 1948, and subsequent court
decisions.\19\
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    \15\ See 83 FR 34863, 34866 (July 23, 2018) (list of federally
recognized tribes); 48 Stat. 984, 25 U.S.C. 5123 (Indian
Reorganization Act).
    \16\ Constitution and By-Laws of the Ute Indian Tribe, available
at https://www.loc.gov/law/help/american-indian-consts/PDF/37026342.pdf.
    \17\ The U&O Reservation was established for the Ute Indian
Tribe under Executive Order in 1861, 1 Kapp. 900, as confirmed by
the Act of May 5, 1864, 13 Stat. 63, and under Executive Order of
January 5, 1882, then enlarged through the Hill Creek Extension Act
of 1948, 62 Stat. 72. The Reservation has been addressed in multiple
federal court decisions, including Ute Indian Tribe v. Utah, 521 F.
Supp. 1072, 1155 (D. Utah 1981); Ute Indian Tribe v. Utah, 716 F.2d
1298 (10th Cir. 1983); Ute Indian Tribe v. Utah, 773 F.2d 1087 (10th
Cir. 1985) (en banc), cert. denied, 479 U.S. 994 (1986); Hagen v.
Utah, 510 U.S. 399 (1994); Ute Indian Tribe v. Utah, 935 F. Supp.
1473 (D. Utah 1996); Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th
Cir. 1997), cert. denied, 522 U.S. 1107 (1998); Ute Indian Tribe v.
Utah, 790 F.3d 1000 (10th Cir. 2015), cert. denied, 136 S. Ct. 1451
(U.S. Mar. 21, 2016); and Ute Indian Tribe v. Myton, 835 F.3d 1255
(10th Cir. 2016), cert. dismissed, 137 S.Ct. 2328 (2017). As a
result of this line of cases, there are some non-Indian-country
lands within the exterior boundaries of the Uintah and Ouray Indian
Reservation.
    \18\ 62 Stat. 72.
    \19\ See n. 16, above.
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    Pursuant to CAA section 301(d),\20\ the EPA is authorized to treat
eligible Indian tribes in the same manner as states (``treatment as
state'' or TAS) for purposes of implementing CAA provisions over their
entire reservations and over any other areas within their
jurisdiction.\21\ The Ute Indian Tribe has not applied for TAS for the
purpose of administering a TIP under the CAA. Thus, there is currently
no EPA-approved plan implementing the functions and provisions of the
CAA on Indian country lands within the U&O Reservation. We anticipate
that the U&O ERC banking rule for which the EPA is providing this
advance notice of proposed rulemaking and soliciting comment would
apply to the Indian country lands within the exterior boundaries of the
U&O Reservation that are part of the Uinta Basin Ozone Nonattainment
Area.
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    \20\ See 42 U.S.C. 7601(d).
    \21\ See 63 FR 7254-57 (Feb. 12, 1998) (explaining that CAA
section 301(d) includes a delegation of authority from Congress to
eligible Indian tribes to implement CAA programs over all air
resources within the exterior boundaries of their reservations).

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

V. Areas Where the EPA Is Requesting Comment

    For purposes of formulating a Reservation-specific ERC banking
rule, the EPA is seeking comment on the following issues:
    A. Conceptual support for an EPA-run U&O ERC bank: Should the EPA
proceed with plans to propose a rule establishing such a voluntary ERC
bank? The EPA seeks comment on whether industry (and potentially
others) would use an ERC bank for the Indian country lands within the
U&O Reservation that are part of the Uinta Basin Ozone Nonattainment
Area. Are there any reasons not to create a U&O ERC bank, or are there
suggestions to handle surplus emission reduction crediting through
another approach? Finally, are there existing state-run ERC banking
systems that may serve as a good example for developing a U&O ERC bank?
    B. Participation in the U&O ERC bank: The EPA expects that the
principal clients of a U&O ERC bank would be industrial sources within
the Indian country portions of the Uinta Basin Ozone Nonattainment Area
depositing emission reduction credits for sale or for later use to
support future development, as well as new and modified industrial
sources needing offsets necessary to obtain a major NNSR permit. We
seek comment on what other entities (besides companies implementing
voluntary emissions controls and/or companies needing offsets to
support new development) should be permitted to participate in a U&O
ERC bank. Such entities might include non-governmental organizations,
federal government agencies, local government, the Ute Indian Tribe and
others. Are there any reasons to preclude any entities from purchasing
ERC credits from such a bank?
    C. ERC bank format: The EPA seeks comment on the format and
features of a U&O ERC bank. It is expected that (as with most ERC
banks) a database would be created to track and manage ERCs, through
their deposit, trading and use, that will be publicly available online.
The EPA solicits comment on this expectation. Additionally, should the
owner of an ERC be required to deposit the ERC into the bank before
using it as an offset, in order to centralize tracking? Or, if an
emissions reduction is created for a specific project, can it be
evaluated as part of the project and avoid the U&O ERC bank? The EPA
seeks comments on what information should be maintained in the database
for each banking action.
    D. Creditable emissions reductions: The EPA intends to propose a
rule that specifically outlines what emissions reductions qualify as
creditable for deposit in a U&O ERC bank. Generally, qualifying ERCs
are limited to emissions reductions that are real, quantifiable,
enforceable, permanent, and surplus of CAA requirements. Such ERCs are
typically generated by permanently shutting down equipment, modifying a
process (i.e., using a lower VOC/sulfur containing material), or by
adding emissions controls beyond those required by any applicable
regulation.
    Some state-run ERC banks require that a certain percentage of
reductions be removed and made ineligible for future use to ensure an
environmental benefit to the banking system. For instance, if an
operator achieves a 10 tpy reduction by implementing an emissions
control on a given source, some percentage (such as 10%) may be retired
for environmental benefit, and only 9 tpy would be deposited in the ERC
bank for future offsets or compensating emissions reductions. This
ensures that more accelerated progress is made towards attainment. The
EPA seeks comment on whether this practice should be implemented for a
U&O ERC bank, and if so, at what percentage?
    Given the seasonal nature of ozone generation in the Uinta Basin,
are there legally and technically supported approaches to allowing
seasonal emissions reductions to be credited? Should seasonal
limitations be placed on the program? For instance, should the rule
prevent summertime reductions from being used to support the addition
of wintertime emissions?
    How should the ERC banking rule treat emissions reductions that
occur from emissions unit shutdowns? What requirements should apply to
shut-down equipment to ensure it meets the requirement to be a
permanent reduction? There are restrictions on the use of reductions
occurring from equipment shutdowns in 40 CFR 51.165(a)(3)(ii)(C)(1),
such as only being eligible for use if the shutdown occurred after the
last day of the baseline year for the plan. Additionally, use of
reductions from equipment shutdowns must be restricted to prohibit
operation of that unit elsewhere in the nonattainment area. Should the
use of reductions from shut-down equipment be restricted further, such
as disallowing operation in a broader area outside of the nonattainment
area, or requiring destruction of the unit?
    E. Trading of ERCs: A principal use of an ERC bank would be to
allow companies in need of emissions offsets to construct new and
modified sources to purchase those credits from companies that have
permanently reduced emissions and deposited those ERCs in the bank. The
EPA expects that a U&O ERC bank would allow the purchase and exchange
of ERCs, and such exchanges would be publicly documented. The EPA
further anticipates that the price of ERCs would be determined by the
open market based on the demand for such ERCs. The EPA intends to
propose to require documentation from both the company selling a credit
and the company acquiring the credit in order to process that
transaction and would make publicly available such information--
including the number of ERCs purchased, the method of emissions
reduction, and the purchase price. The EPA seeks comment on this
expectation and any input on what additional information should be
provided to document transactions within the anticipated U&O ERC bank
database.
    F. Use of ERCs: In addition to using banked ERCs as offsets for new
and modified major sources, these emissions reductions may also be used
to show that a new or modified minor source does not cause or
contribute to an ozone NAAQS violation, or to satisfy general
conformity requirements. If such reductions are not available within
the existing inventory of a company's emissions sources or are needed
by a federal agency to demonstrate general conformity for a specific
action, the U&O ERC bank could be used to facilitate the purchase of
available ERCs. In such a case, the necessary amount of ERCs would be
purchased from one (or more) entities in possession of ERCs.
Documentation of the transaction would be provided to the EPA, and
those credits would be withdrawn from the bank when used to support a
permit action. The EPA intends to propose a U&O ERC banking rule that
describes the specifics of this process, consistent with the principles
and requirements described in the EIP Guidance.\22\ However, the EPA
solicits comments on any additional considerations and flexibilities
that should be made to allow this process to function efficiently for
participants within the U&O Reservation. A primary goal of the program
is to allow eligible ERCs to be certified for eventual use as offsets
in accordance with major NNSR and general conformity requirements. Are
there any other uses of an ERC that EPA

should be evaluating, such as for discretionary use in minor NNSR?
---------------------------------------------------------------------------

    \22\ All offsets used for the purpose of satisfying general
conformity requirements must meet the regulatory requirements
relating to offsets in 40 CFR 93.158(a)(5)(iii).
---------------------------------------------------------------------------

    G. Withdrawal of ERCs from the bank: The EPA intends to evaluate
banked credits for compliance with the ``surplus of Clean Air Act''
requirement at the time of their use as compensating offsetting
emissions (e.g., upon issuance of a permit). In the event of future
promulgation of emissions controls as part of a federal or tribal
implementation plan, or to satisfy CAA requirements such as reasonably
available control technology (RACT) or RFP, the EPA does not expect
sources that have already provided offsets to need to pursue additional
offsetting emissions. The EPA seeks comment on this anticipated
expectation and on whether any other factors should be considered. We
also seek comment as to whether banked credits should be discounted or
expire after some period of time, even if they remain surplus of CAA
requirements.
    H. Emissions reductions achieved before the effective date of final
U&O ERC banking rule: The EPA expects that because the final 2015 Ozone
Implementation Rule \23\ defines a primary base year of 2017, that year
will likely be an appropriate base year for the Uinta Basin Ozone
Nonattainment Area banking and trading program. To allow for near-term
surplus emissions reductions that would benefit air quality, the EPA
intends to include as a component of the proposed rule that qualifying
emissions reductions achieved before the final rule's effective date,
but after the nonattainment baseline year, may be banked; effectively,
any emissions reduction achieved after January 1, 2018. The EPA seeks
comment on the inclusion of this flexibility.
---------------------------------------------------------------------------

    \23\ Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements. 83 FR 62998 (Dec. 6, 2018). https://www.govinfo.gov/content/pkg/FR-2018-12-06/pdf/2018-25424.pdf.
---------------------------------------------------------------------------

    I. Geographic considerations and interaction with Utah-managed CAA
planning requirements: As explained previously, we anticipate that any
proposed U&O ERC bank would only apply to sources on Indian country
lands within the U&O Reservation that are within the Uinta Basin Ozone
Nonattainment Area. There may, however, be situations where sources on
land managed by Utah have a need for ERCs and wish to purchase them
from a source in Indian country. Conversely, sources covered by the
EPA-run bank may wish to purchase ERCs from a source managed by Utah.
From a scientific standpoint, ozone precursor emissions are generally
uniformly mixed across jurisdictions beneath the inversion during high-
ozone events in the Uinta Basin Ozone Nonattainment Area; the original
location within the nonattainment area of emissions (and emissions
reductions) is irrelevant to the nonattainment area's overall ozone
design values. However, as a legal matter, the EPA is limited in the
scope of applying any potential U&O ERC bank rulemaking to sources in
Indian country. Accordingly, we seek comment on whether, and under what
criteria and constraints, an EPA-run bank for sources on the Indian
country portion of the Uinta Basin Ozone Nonattainment Area should
interact with any state-run bank that may be developed for sources on
land under Utah CAA regulatory jurisdiction. We also seek comment on
whether the EPA should pursue collaboration with Utah in allowing for
cross-jurisdictional exchange of ERCs. Finally, is there any
justification to allow the use, or banking of credits outside of the
Uinta Basin Nonattainment Area, but within the general geographic
extent of the Uinta Basin?
    J. General comments: The EPA also invites the public's comment on
any other questions associated with developing an emissions banking and
trading program to address the goals described previously in the
``Purpose'' section of this ANPRM.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, Oct. 4, 1993), the OMB has determined that this is
a not a ``significant regulatory action.'' Because this ANPRM does not
propose or impose any requirements, and instead seeks comments and
suggestions for the Agency to consider in possibly developing a
subsequent proposed rule, the various statutes and Executive Orders
that normally apply to rulemaking do not apply in this case. Should the
EPA subsequently determine to pursue a rulemaking, the EPA will address
the statutes and Executive Orders as applicable to that rulemaking.
    The EPA seeks any comments or information that would help the
Agency ultimately to assess the potential impact of a rule on small
entities pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.); to consider voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note); to consider environmental health or
safety effects on children pursuant to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997); or to consider human health or
environmental effects on minority or low-income populations pursuant to
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, Feb. 16, 1994).
    The Agency will consider such comments during the development of
any subsequent proposed rule.

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practices and procedures,
Air pollution control, Indians, Indians-law, Indians-tribal government,
Intergovernmental relations, reporting and recordkeeping requirements.

    Dated: May 18, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-10798 Filed 5-23-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68588]
[DOCID:fr27no06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP04-114-000, CP04-115-000]

Compass Pass Pipeline L.L.C.; Notice of Effectiveness of
Withdrawal and Termination of Proceeding

November 17, 2006.
    On April 16, 2004, Compass Pass Pipeline LLC (Compass Pass) filed
an application, in Docket No. CP04-114-000, pursuant to section 7(c) of
the Natural Gas Act (NGA) for a certificate of public convenience and
necessity to construct, own, and operate a 36-inch diameter natural gas
pipeline facilities extending approximately 5 miles from the high water
mark at the shoreline of the Gulf of Mexico to interconnections with
interstate gas pipelines located near Coden, Mobile County, Alabama.
Compass Pass also requested, in Docket No. CP04-115-000, a blanket
construction certificate under Part 157, Subpart F of the Commission's
regulations.
    On October 31, 2006, Compass Pass filed a notice of withdrawal of
the applications. No motion in opposition to the notice of withdrawal
has been filed with the Commission and the Commission did not disallow
the withdrawal. Pursuant to 18 CFR 385.216(b), this withdrawal was
effective November 16, 2006, 15 days from the date of filing of the
notice of withdrawal.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-19953 Filed 11-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Page 69819]
[FR Doc No: 2012-28270]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-357-000]

Cirrus Wind 1, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Cirrus Wind 1, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 5, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 15, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-28270 Filed 11-20-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1182-1184]
[FR Doc No: 2016-184]

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

[EPA-HQ-OPP-2015-0762; FRL-9939-60]

Registration Review; Conventional, Biopesticide and Antimicrobial
Pesticide Dockets Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: With this document, EPA is opening the public comment period
for several registration reviews. Registration review is EPA's periodic
review of pesticide registrations to ensure that each pesticide
continues to satisfy the statutory standard for registration, that is,
the pesticide can perform its intended function without unreasonable
adverse effects on human health or the environment. Registration review
dockets contain information that will assist the public in
understanding the types of information and issues that the Agency may
consider during the course of registration review. Through this
program, EPA is ensuring that each pesticide's registration is based on
current scientific and other knowledge, including its effects on human
health and the environment.

DATES: Comments must be received on or before March 11, 2016.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III. A., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For pesticide specific information contact: The person identified
as a contact in the table in Unit III. A. Also include the docket ID
number listed in the table in Unit III. A. for the pesticide of
interest.
    For general information contact: Richard Dumas, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a

wide range of stakeholders including environmental, human health,
farmworker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Authority

    EPA is initiating its review of the pesticides identified in this
document pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136a(g)) and the
Procedural Regulations for Registration Review at 40 CFR part 155,
subpart C. Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered, or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

III. Registration Reviews

 A. What action is the Agency taking?

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations identified in the table in this unit to assure that they
continue to satisfy the FIFRA standard for registration--that is, they
can still be used without unreasonable adverse effects on human health
or the environment. A pesticide's registration review begins when the
Agency establishes a docket for the pesticide's registration review
case and opens the docket for public review and comment. At present,
EPA is opening registration review dockets for the cases identified in
the following table.

                                   Table--Registration Review Dockets Opening
----------------------------------------------------------------------------------------------------------------
  Registration review case name and
                 No.                                Docket ID No.                Contact and contact information
----------------------------------------------------------------------------------------------------------------
Chlorophacinone, 2100...............  EPA-HQ-OPP-2015-0778                       Christina Motilall,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Cyproconazole, 7011.................  EPA-HQ-OPP-2015-0462                       Miguel Zavala,
<EMAIL_ADDRESS>(703)
                                                                                347-0504.
Difenoconazole, 7014................  EPA-HQ-OPP-2015-0401                       Maria Piansay,
<EMAIL_ADDRESS>(703)
                                                                                308-8063.
Diphacinone, and salts, 2205........  EPA-HQ-OPP-2015-0777                       Christina Motilall,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Diphenylamine, 2210.................  EPA-HQ-OPP-2015-0749                       Roy Johnson,
<EMAIL_ADDRESS>(703) 347-
                                                                                0492.
Diuron, 0046........................  EPA-HQ-OPP-2015-0077                       Katherine St. Clair,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Endothall, and salts, 2245..........  EPA-HQ-OPP-2015-0591                       Garland Waleko,
<EMAIL_ADDRESS>(703)
                                                                                308-8049.
Fenbuconazole, 7012.................  EPA-HQ-OPP-2015-0716                       Nathan Sell,
<EMAIL_ADDRESS>(703) 347-
                                                                                8020.
Flumetralin, 4119...................  EPA-HQ-OPP-2015-0076                       Katherine St. Clair,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Fluoxastrobin, 7044.................  EPA-HQ-OPP-2015-0295                       Bilin Basu<EMAIL_ADDRESS><PHONE_NUMBER>.
Ipconazole, 7041....................  EPA-HQ-OPP-2015-0590                       Brittany Pruitt,
<EMAIL_ADDRESS>(703)
                                                                                347-0289.
Metconazole, 7049...................  EPA-HQ-OPP-2015-0013                       Jordan Page,
<EMAIL_ADDRESS>(703) 347-
                                                                                0467.
Nicarbazin, 7628....................  EPA-HQ-OPP-2015-0101                       Bonnie Adler,
<EMAIL_ADDRESS>(703)
                                                                                308-8523.
Trimedlure, 6045....................  EPA-HQ-OPP-2015-0616                       Gina Burnett,
<EMAIL_ADDRESS>(703)
                                                                                605-0513.
Paramenthune 3,8-diol, 6017.........  EPA-HQ-OPP-2015-0693                       Colin Walsh,
<EMAIL_ADDRESS>(703) 308-
                                                                                0298.
Propiconazole, 3125.................  EPA-HQ-OPP-2015-0459                       Linsey Walsh,
<EMAIL_ADDRESS>(703)
                                                                                347-8030.
Prothioconazole, 7054...............  EPA-HQ-OPP-2015-0474                       Brian Kettl,
<EMAIL_ADDRESS>(703) 347-
                                                                                0535.
Strychnine, 3133....................  EPA-HQ-OPP-2015-0754                       Susan Bartow,
<EMAIL_ADDRESS>(703)
                                                                                603-0065.
Tebuconazole, 7004..................  EPA-HQ-OPP-2015-0378                       Jose Gayoso,
<EMAIL_ADDRESS>(703) 347-
                                                                                8652.
Uniconazole, 7007...................  EPA-HQ-OPP-2015-0729                       Susan Bartow,
<EMAIL_ADDRESS>(703)
                                                                                603-0065.
Warfarin, and its sodium salt, 0011.  EPA-HQ-OPP-2015-0481                       Caitlin Newcamp,
<EMAIL_ADDRESS>(703)
                                                                                347-0325.
Buctenopage against Xanthomonas       EPA-HQ-OPP-2015-0702                       Kathleen Martin,
 campestris pv. vesicatoria, 6510<EMAIL_ADDRESS>(703)
 and Pseudomonas syringae pv., 6509.                                              308-2857.
----------------------------------------------------------------------------------------------------------------

B. Docket Content

    1. Review dockets. The registration review dockets contain
information that the Agency may consider in the course of the
registration review. The Agency may include information from its files
including, but not limited to, the following information:
     An overview of the registration review case status.
     A list of current product registrations and registrants.
     Federal Register notices regarding any pending
registration actions.

     Federal Register notices regarding current or pending
tolerances.
     Risk assessments.
     Bibliographies concerning current registrations.
     Summaries of incident data.
     Any other pertinent data or information.
    Each docket contains a document summarizing what the Agency
currently knows about the pesticide case and a preliminary work plan
for anticipated data and assessment needs. Additional documents provide
more detailed information. During this public comment period, the
Agency is asking that interested persons identify any additional
information they believe the Agency should consider during the
registration review of these pesticides. The Agency identifies in each
docket the areas where public comment is specifically requested, though
comment in any area is welcome.
    2. Other related information. More information on these cases,
including the active ingredients for each case, may be located in the
registration review schedule on the Agency's Web site at http://www.epa.gov/oppsrrd1/registration_review/schedule.htm. Information on
the Agency's registration review program and its implementing
regulation may be seen at http://www.epa.gov/oppsrrd1/registration_review.
    3. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English, and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 24, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-184 Filed 1-8-16; 8:45 am]
BILLING CODE 6560-50-P