[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Proposed Rules]
[Pages 68533-68538]
[FR Doc No: 2020-23496]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0732; FRL-10016-04-Region 5]

Designation of Areas for Air Quality Planning Purposes; Indiana;
Redesignation of the Southwest Indiana Sulfur Dioxide Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: In accordance with the Clean Air Act, the Environmental
Protection Agency (EPA) is proposing to redesignate the Southwest
Indiana nonattainment area, which consists of a portion of Daviess
County and a portion of Pike County (Veale Township in Daviess County
and Washington Township in Pike County), to attainment for the 2010
primary, health-based 1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard (NAAQS). EPA is also proposing to approve
Indiana's maintenance plan for the Southwest Indiana SO2
nonattainment area. Indiana submitted the request for approval of the
Southwest Indiana nonattainment area's redesignation and maintenance
plan on October 24, 2018, and supplemental information on August 25,
2020. EPA has previously approved Indiana's attainment plan for the
Southwest Indiana area.

DATES: Comments must be received on or before November 30, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0732 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding

Federal holidays and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:

I. Background and Redesignation Requirements
II. Determination of Attainment
III. Indiana's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plan
VI. Requirements for the Area Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews

I. Background and Redesignation Requirements

    In 2010, EPA established a revised primary, health-based 1-hour
SO2 NAAQS of 75 parts per billion (ppb) (75 FR 35520, June
22, 2010). On August 5, 2013 (78 FR 47191), EPA designated the
Southwest Indiana area as nonattainment for the 2010 SO2
NAAQS based on air quality monitoring data for calendar years 2009-
2011. The Southwest Indiana nonattainment area is comprised of Veale
Township in Daviess County and Washington Township in Pike County. EPA
approved Indiana's plan for bringing the Southwest Indiana area into
attainment on August 17, 2020 (85 FR 49967). The approved attainment
plan includes SO2 emission limits for facilities in the area
and modeling to show that compliance with emission limits results in
attainment of the standard and ongoing maintenance. On October 24,
2018, Indiana submitted a request to redesignate the Southwest Indiana
area to attainment. Indiana sent a letter to EPA, dated August 25,
2020, with information supplementing the previously submitted
redesignation request. The letter provided information showing that the
most recent data from both the Pike County monitor and the Daviess
County monitor indicate attainment of the standard, and confirmed,
based on first quarter 2020 emission data, that the Indianapolis Power
& Light Company (IPL) Petersburg Generating Station continues to meet
the emission limits. The August 25, 2020 letter is included in the
docket for this action.
    Under Clean Air Act section 107(d)(3)(E), there are five criteria
which must be met before a nonattainment area may be redesignated to
attainment:
    1. EPA has determined that the relevant NAAQS has been attained in
the area.
    2. The applicable implementation plan has been fully approved by
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, Federal regulations, and other permanent and enforceable
reductions.
    4. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the Clean Air Act.
    5. The State has met all applicable requirements for the area under
section 110 and part D.

II. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. As stated in EPA's April 2014
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' there are two components needed to support an attainment
determination: A review of representative air quality monitoring data,
and a further analysis, generally requiring air quality modeling, to
demonstrate that the entire area is attaining the applicable NAAQS,
based on current actual emissions or the fully implemented control
strategy. Indiana has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is
met at an ambient air quality monitoring site when the three-year
average of the annual 99th percentile of one-hour daily maximum
concentrations is less than or equal to 75 ppb, as determined in
accordance with appendix T of 40 CFR part 50 at all relevant monitoring
sites in the subject area. The Southwest Indiana nonattainment area had
two SO2 monitoring sites: One located in Daviess County
(AES/IPL Petersburg--West off SR 57; Site ID#18-027-0002), and one
located in Pike County (Petersburg-Arda Lane; Site ID# 18-125-0005).
Both monitors were operated by IPL. The monitor in Pike County was
approved by EPA for discontinuation on August 22, 2019. The Daviess
County monitor is still in operation. EPA has reviewed the ambient air
monitoring data for both sites, focusing on air quality data collected
from 2012 through 2019. Through the end of 2019 for the Daviess County
site, and through the morning of August 22, 2019 for the Pike County
site, these data are complete, quality-assured, certified, and recorded
in EPA's Air Quality System database.
    Table 1 shows the 99th percentile results and three-year average
design values for the Southwest Indiana nonattainment area monitors for
2012-2019. The 2016-2018 design values for Southwest Indiana are 17 ppb
for the Daviess County monitor and 23 ppb for the Pike County monitor,
which are both below the SO2 NAAQS. Using the full year of
2019 data collected at the Daviess County monitor and the partial year
of data at the Pike County monitor, the 2017-2019 design values are 14
ppb and 19 ppb for the monitors, respectively, which are also below the
NAAQS. Therefore, EPA finds that Indiana has demonstrated that
Southwest Indiana's SO2 monitors show attainment.

                                                Table 1--Indiana's Monitoring Data for the Southwest Indiana SO2 Nonattainment Area for 2012-2019
                                                                                [ppb]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                99th percentile values                                            3-Year design values
             Site ID                         Location          ---------------------------------------------------------------------------------------------------------------------------------
                                                                 2012    2013    2014    2015    2016    2017    2018    2019   2012-2014  2013-2015  2014-2016  2015-2017  2016-2018  2017-2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
18-027-0002......................  Daviess County.............      78     150     107      93      22      16      13      12       112        117         74         44         17         14
18-125-0005......................  Pike County................     140     169     157      74      26      24      19    * 13       155        133         86         41         23       * 19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Includes partial 2019 data before the Pike County monitor was approved by EPA for discontinuation on August 22, 2019.

    In addition to ambient air quality monitoring data, Indiana
utilized an approach based on computer modeling which relied on
allowable emissions in Indiana's attainment SIP to additionally
characterize the attainment status of the SO2 NAAQS and to
provide for maintaining SO2 emissions in Southwest Indiana
below the SO2 NAAQS through 2030. This modeling was approved
by EPA on August 17, 2020 as part of Indiana's attainment SIP.
    Indiana evaluates the emissions from the IPL Petersburg Generating
Station, the remaining SO2 source in the Southwest Indiana
area, to demonstrate compliance with its emission limits. Table 2 shows
Indiana's emission limits

and data for the IPL Petersburg Generating Station for the first
quarter of 2020, using 30-day rolling average limits and emissions. EPA
has verified that the IPL Petersburg Generating Station is currently
complying with its emission limits based on data from the first and
second quarters of 2020.

    Table 2--Indiana's 30-Day Average Emission Limits and Data for the IPL Petersburg Generating Station--1st
                                                  Quarter 2020
----------------------------------------------------------------------------------------------------------------
                                                      Unit 1          Unit 2          Unit 3          Unit 4
----------------------------------------------------------------------------------------------------------------
SO2 Emission Limit (lb/hr) \1\..................             263           495.4          1633.7          1548.2
IPL--SO2 Maximum (lb/hr)........................             153             262             639             717
SO2 Emission Limit (lb/MMBtu)...................            0.10            0.10            0.25            0.24
IPL--SO2 Maximum (lb/MMBtu).....................            0.07            0.06            0.17            0.17
----------------------------------------------------------------------------------------------------------------
\1\ These lb/hr limits were not incorporated into the SIP, in part due to questions about the adjustment factor
  used to derive these 30-day average limits. Nevertheless, evidence of compliance with these state limits
  supplements the evidence of compliance with the lb/MMBtu limits in support of the finding that the IPL
  Petersburg Generating Station is emitting at levels low enough for the area to attain the SO2 NAAQS.

    Although the predominant emissions at the IPL Petersburg Generating
Station are from the coal fired units, the state also restricts the
emissions from the diesel generating units at the source, in part by
limiting the allowable number of operating hours. Table 3 shows
Indiana's diesel generator operating limits and data for the IPL
Petersburg Generating Station. Based on the 2019 and partial 2020 data,
the IPL Petersburg Generating Station diesel generator operating
durations are well under the limits.

               Table 3--Indiana's Diesel Generator Data for the IPL Petersburg Generating Station
----------------------------------------------------------------------------------------------------------------
                                               2019 Operating    2020 1st quarter
              Diesel generator                     hours         operating hours          Operating limit
----------------------------------------------------------------------------------------------------------------
PB-2.......................................               33.8                4.7  500-hour calendar year
                                                                                operating limit (each).
PB-3.......................................                3.4                0.0
PB-4.......................................               20.3                3.3
----------------------------------------------------------------------------------------------------------------

    Due to a Federal Consent Decree (Civil Action No. 3:20-cv-202-RLY-
MPB) lodged by the United States and Indiana against IPL on August 31,
2020, EPA expects that emissions will be limited to levels even lower
than those EPA found adequate to provide for attainment.
    As described above, Indiana has addressed both the modeling and
monitoring components needed to support an attainment determination.
EPA proposes to find that this modeling analysis and the monitored air
quality data demonstrate that the Southwest Indiana area has attained
the 2010 SO2 NAAQS.

III. Indiana's State Implementation Plan (SIP)

    EPA's approval of Indiana's attainment SIP for the Southwest
Indiana area (85 FR 49967) included revised emission limits for the IPL
Petersburg Generating Station and emission limits for the Hoosier
Energy Ratts Generating Station, which were the two SO2
sources (both Electrical Generating Units (EGUs)) in Southwest Indiana
before the Ratts Generating Station was shut down in 2015. In that
action, EPA found that Indiana had satisfied requirements for providing
for attainment of the 1-hour SO2 NAAQS in the Southwest
Indiana area. Indiana has adopted its SO2 SIP regulations,
including those which cover the Southwest Indiana area, at Indiana
Administrative Code (IAC) Title 326, consisting of 326 IAC 7-4-15
(entitled ``Pike County sulfur dioxide emission limitations''); 326 IAC
7-1.1-3 (``Compliance date''); and 326 IAC 7-2-1 (``Reporting
requirements; methods to determine compliance''). These rules are
supplemented with Commissioner's Order 2019-02 limiting emissions from
the IPL Petersburg Generating Station described above. Indiana has
shown that it maintains an active enforcement program to ensure ongoing
compliance with these requirements. Indiana's new source review/
prevention of significant deterioration program will address emissions
from potential new sources in the area.

IV. Permanent and Enforceable Emission Reductions

    For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. Indiana has established
SO2 emission limits for each of the four units at the IPL
Petersburg Generating Station. In 2017, these emission limits resulted
in an actual decrease of 26,761 tons per year (tpy) of SO2
(77.06 percent) from 2011 actual emissions. EPA included the revised
limits in the approval of Indiana's SIP on August 17, 2020 (85 FR
49967), which renders the limits federally enforceable.
    The other SO2 source in the Southwest Indiana area,
Hoosier Energy Ratts Generating Station, was permanently shut down in
March 2015 and dismantled in late 2016. Thus, its emissions are zero.
    As shown in Table 1, the monitored design values in the Southwest
Indiana area at the time of its nonattainment designation were above
the NAAQS of 75 ppb. Subsequent monitoring data in the Southwest
Indiana area indicate that the 99th percentile ambient SO2
levels dropped below the NAAQS after the imposition of enforceable
limits at the IPL Petersburg Generating Station and the shutdown of
Hoosier Energy Ratts Generating Station. EPA proposes to find that the
improvement in air quality in the Southwest Indiana area can be
attributed to permanent and enforceable emission reductions at the IPL
Petersburg Generating Station and the Hoosier Energy Ratts Generating
Station.

V. Maintenance Plan

    Clean Air Act section 175A sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under

section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future one-hour
violations.
    Specifically, the maintenance plan should address five
requirements: the attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. Indiana's October 24, 2018 redesignation request
contains its maintenance plan, which Indiana has committed to review
eight years after redesignation.
    In their redesignation request, Indiana provided an emission
inventory which addresses the 2011 base year actual emissions of 34,728
tpy for EGU sources. Indiana chose 2017 as an attainment year in order
to demonstrate actual emissions reductions that have occurred in an
attaining year. The 2017 attainment year inventory included actual
reductions due to the shutdown of the Hoosier Energy Ratts Generating
Station. Total actual SO2 emissions in the Southwest Indiana
area for the attainment year were 7,967 tpy.
    Indiana calculated allowable emissions inventories, both including
and excluding the Hoosier Energy Ratts Generating Station, by
multiplying the 1-hour pound per hour (lb/hr) emission limits by the
number of hours in a year. However, as the IPL Petersburg Generating
Station is subject to 30-day average limits instead of 1-hour limits,
which allow less emissions in a year than the 1-hour limits, EPA
believes that the 30-day average limits are a more appropriate basis
for calculating allowable emissions. Indiana determined its 30-day
average limits on pounds per million British Thermal Units (lb/MMBtu)
by multiplying the 1-hour average limits by an adjustment factor of 68
percent. At maximum heat inputs for the four units at the IPL
Petersburg Generating Station, the 1-hr limits in lb/MMBtu result in
the quantity of emissions given in the 1-hr lb/hr limits. Indiana has
not calculated a 30-day average lb/hr limit using EPA guidance.
Nevertheless, the establishment of appropriately adjusted 30-day
average lb/MMBtu limits, determined by multiplying the 1-hr lb/MMBtu
limits by 68 percent, will result in emissions at maximum heat input
that equal 68 percent of the 1-hr lb/hr limits. Therefore, the
allowable emissions as calculated by EPA are 68 percent of the
allowable emissions as calculated by Indiana, and thus the allowable
emissions for the area are even lower than those on which Indiana based
its request.
    EPA's calculated allowable emissions for the Southwest Indiana
area, which are equivalent to the projected emissions for the
maintenance year of 2030, are 14,729 tpy, all allowable from the IPL
Petersburg Generating Station. This quantity is 57.59 percent lower
than actual emissions in 2011. Indiana demonstrated a 77.06 percent
reduction in actual emissions between 2011 and 2017, which is more than
sufficient to attain the SO2 NAAQS in the Southwest Indiana
area.
    Indiana's maintenance demonstration consists of the nonattainment
SIP air quality analysis showing that the emission reductions now in
effect in the Southwest Indiana area will provide for attainment of the
SO2 NAAQS. The permanent and enforceable SO2
emission reductions described above ensure that area emissions will be
equal to or less than the emission levels which were evaluated in the
air quality analysis, and Indiana's enforceable emission requirements
will ensure that the Southwest Indiana SO2 emission limits
are met continuously.
    For continuing verification, Indiana has committed to track the
emissions and compliance status of the major facilities in the
Southwest Indiana area so that future emissions will not exceed the
allowable emissions-based attainment inventory. All major sources in
Indiana are required to submit annual emissions data, which the State
uses to update its emission inventories as required by the Clean Air
Act.
    The requirement to submit contingency measures in accordance with
section 172(c)(9) of the Clean Air Act can be adequately addressed for
SO2 by the operation of a comprehensive enforcement program
which can quickly identify and address sources that might be causing
exceedances of the NAAQS. Indiana's enforcement program is active and
capable of prompt action to remedy compliance issues. In particular,
Indiana's October 24, 2018 redesignation request discusses its two-
tiered plan to respond to reported emissions that would cause modeled
exceedances of the SO2 NAAQS in the maintenance area.
Indiana commits to study SO2 emission trends and identify
areas of concern and potential additional measures, and if necessary,
Indiana will consider additional control measures which can be
implemented quickly. Indiana has the authority to expeditiously adopt,
implement, and enforce any subsequent emissions control measures deemed
necessary to correct any future SO2 violations.
    Indiana commits to adopt and implement such corrective actions as
necessary to address trends of increasing emissions or modeled ambient
impacts. The public will have the opportunity to participate in the
contingency measure implementation process. Based on the foregoing, EPA
proposes to find that Indiana has addressed the contingency measure
requirement. Further, EPA proposes to find that Indiana's maintenance
plan adequately addresses the five basic components necessary to
maintain the SO2 NAAQS in the Southwest Indiana
nonattainment area.

VI. Requirements for the Area Under Section 110 and Part D

    Indiana has submitted information demonstrating that it meets all
of the SIP requirements of the Clean Air Act for the Southwest Indiana
nonattainment area. EPA approved Indiana's infrastructure SIP for
SO2 on August 14, 2015 (80 FR 48733). This infrastructure
SIP approval confirms that Indiana's SIP meets the requirements of
Clean Air Act section 110(a)(1) and 110(a)(2) to contain the basic
program elements, such as an active enforcement program and permitting
program.
    Section 191 of the Clean Air Act requires Indiana to submit a part
D SIP for the Southwest Indiana nonattainment area by April 4, 2015.
Indiana submitted its part D SIP on October 2, 2015 and supplemented it
on November 15, 2017 and September 18, 2019. The SIP included a
demonstration of attainment and the emission limits for the IPL
Petersburg Generating Station and the Hoosier Energy Ratts Generating
Station. EPA approved the Southwest Indiana attainment plan on August
17, 2020 (85 FR 49967) with revised limits for the IPL Petersburg
Generating Station. In that rulemaking, EPA concluded that Indiana had
satisfied the various requirements under Clean Air Act section 110 and
part D for the Southwest Indiana SO2 nonattainment area. For
example, EPA concluded that Indiana satisfied requirements for an
attainment inventory of the SO2 emissions from sources in
the nonattainment area (required under section 173(c)(3)), reasonably
available control measures (required under section 173(c)(1)), and

reasonable further progress (required under section 173(c)(2)).
    Indiana chose 2011 for its base year emissions inventory, as
comprehensive emissions data were available and updated that year,
which satisfies the 172(c)(3) requirements. In that year, two EGU
sources (the IPL Petersburg Generating Station and the Hoosier Energy
Ratts Generating Station) were the main sources in the nonattainment
area.
    Table 4 compares Indiana's SO2 emissions data for EGU
sources for 2011 (the base nonattainment year identified by Indiana)
and 2017 (the most recent certified attainment year at the time of the
redesignation request submission), as well as EPA's projected allowable
emissions for the maintenance year of 2030. Although Indiana calculated
allowable 2030 emissions for the IPL Petersburg Generating Station by
multiplying the 1-hour lb/hr emission limits by the number of hours in
a year, EPA calculated the allowable 2030 emissions by multiplying
Indiana's projected emissions by the adjustment factor needed for the
30-day average limits to be comparably stringent to 1-hour limits, as
the IPL Petersburg Generating Station is subject to 30-day average
emission limits.
    By providing actual emissions from the two main SO2
sources from a time period when the area was not meeting the
SO2 NAAQS, and from a time period when the area was
attaining the NAAQS, Indiana demonstrates a 77.06 percent reduction in
actual SO2 emissions. Indiana's submittal shows that actual
2017 EGU SO2 emissions in the Southwest Indiana area were
22.94 percent of the actual emissions in 2011. Indiana also shows by
modeling that continued compliance with now federally enforceable
emission limits for the remaining contributing SO2 source
will result in the area maintaining attainment of the SO2
NAAQS.

                  Table 4--Actual and Projected EGU Point Sources in the Southwest Indiana Area
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                                                2030
                                    Type of            2011            2017          2011-2017      Maintenance
       Affected source             reduction      Nonattainment     Attainment        Change           year
                                                  year (actual)    year (actual)     (actual)       (projected)
----------------------------------------------------------------------------------------------------------------
IPL--Petersburg Generating     Emission Limits/           25,232           7,967         -17,265          14,729
 Station.                       Improved
                                Controls.
Hoosier Energy--Ratts          Facility Closed.            9,496               0          -9,496               0
 Generating Station.
                                                ----------------------------------------------------------------
    Total....................  ................           34,728           7,967         -26,761          14,729
----------------------------------------------------------------------------------------------------------------

    Section 176(c) of the Clean Air Act requires states to establish
criteria and procedures to ensure that federally supported or funded
projects conform to the air quality planning goals in the applicable
SIP. The requirement to determine conformity applies to transportation
plans, programs, and projects that are developed, funded, or approved
under title 23 of the United States Code (U.S.C.) and the Federal
Transit Act (transportation conformity) as well as to all other
federally supported or funded projects (general conformity). State
transportation conformity SIP revisions must be consistent with Federal
conformity regulations relating to consultation, enforcement, and
enforceability that EPA promulgated pursuant to its authority under the
Clean Air Act. On June 4, 2010, Indiana submitted documentation
establishing transportation conformity procedures in its SIP. EPA
approved these procedures on August 17, 2010 (75 FR 50708).
    Based on the above, EPA is proposing to find that Indiana has
satisfied the applicable requirements for the redesignation of the
Southwest Indiana nonattainment area under section 110 and part D of
title I of the Clean Air Act.

VII. What action is EPA taking?

    In accordance with Indiana's October 24, 2018 request and August
25, 2020 supplemental letter, EPA is proposing to redesignate the
Southwest Indiana nonattainment area from nonattainment to attainment
of the 2010 SO2 NAAQS. EPA finds that Indiana has
demonstrated that the area is attaining the 2010 SO2 NAAQS
and that the improvement in air quality is due to permanent and
enforceable SO2 emission reductions in the area. EPA is also
proposing to approve Indiana's maintenance plan, which is designed to
ensure that the area will continue to maintain the SO2
NAAQS.

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, redesignation of an area to attainment and
the accompanying approval of a maintenance plan under section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the Clean Air Act for
areas that have been redesignated to attainment. Moreover, the
Administrator is required to approve a SIP submission that complies
with the provisions of the Clean Air 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 it is not a significant regulatory
action 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),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

40 CFR Part 81

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

    Dated: October 19, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-23496 Filed 10-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Proposed Rules]
[Page 17289-17292]
[DOCID:fr01ap08-15]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-0645; FRL-8549-3]

Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) revisions submitted by the State of Wyoming on December 13, 2006.
The proposed revisions modify the State's Prevention of Significant
Deterioration (PSD) regulations to address changes to the federal NSR
regulations promulgated by EPA on December 31, 2002, and reconsidered
with minor changes on November 7, 2003. The State of Wyoming has a
federally-approved PSD program for new and modified sources impacting
attainment areas in the State. Wyoming does not have a Nonattainment
New Source Review (NNSR) program. This action is being taken under
section 110 of the Clean Air Act.

DATES: Comments must be received on or before May 1, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-0645, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and
<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2007-0645. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop, Denver, Colorado 80202-1129.
    EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air Program,
U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Wyoming mean the State of Wyoming unless
the context indicates otherwise.

Table of Contents

I. General Information
    What Should I Consider as I Prepare My Comments for EPA?
II. What is being addressed in this document?
III. What is the State process to submit these materials to EPA?
IV. What are the changes that EPA is approving?
V. What action is EPA taking today?
VI. Statutory and Executive Order Reviews

I. General Information

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

    1. Submitting CBI. Do not submit CBI to EPA through http://
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in 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 submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. What is being addressed in this document?

    EPA is proposing to approve the revisions to Chapter 6, Section 4
of the Wyoming Air Quality Standards and Regulations (WAQS&R) submitted
by the State on December 13, 2006 that relate to the State PSD
construction permit programs. The revisions to the State PSD SIP were
adopted by the Wyoming Environmental Quality Council (EQC) on July 27,
2006 and became effective October 6, 2006. Wyoming's PSD program had
first been approved by EPA into the State SIP on September 6, 1979 (44
FR 51977).
    On December 31, 2002, EPA published revisions to the Federal PSD
and non-attainment NSR regulations in 40 Code of Federal Regulations
(CFR) Parts 51 and 52 (67 FR 80186). This action was reconsidered with
minor changes on November 7, 2003 (68 FR 63021). Collectively, these
two final actions are referred to as the ``NSR Reform'' regulations and
became effective nationally in areas not covered by a SIP on March 3,
2003. These regulatory revisions included provisions for baseline
emissions determinations, actual-to-future-actual methodology,
plantwide applicability limits (PALs), Clean Units, and Pollution
Control Projects (PCPs). As stated in the December 31, 2002 rulemaking,
State and local permitting agencies must adopt and submit revisions to
their part 51 permitting programs implementing the minimum program
elements (67 FR 80240). With the December 13, 2006 submittal, Wyoming
requested approval of program revisions into the State SIP that satisfy
this requirement.
    In the November 7, 2003 reconsideration noted earlier, EPA
clarified two provisions in the regulations by including a definition
of ``replacement unit'' and by clarifying that the PALs baseline
calculation procedures for newly constructed units do not apply to
modified units (68 FR 63021).
    On June 24, 2005, the United States Court of Appeals for the
District of Columbia Circuit issued a ruling on challenges to the
December 2002 NSR Reform revisions, State of New York et al. v. EPA,
413 F.3d 3 (D.C. Cir. 2005). Although the Court upheld most of EPA's
rules, it vacated both the Clean Unit (CU) and the PCP provisions and
remanded back to EPA the recordkeeping provisions at 40 CFR 52.21(r)(6)
that required a stationary source to keep records of projects when
there was a ``reasonable possibility'' that the project could result in
a significant emissions increase. EPA brought its NSR Reform
regulations in conformity with the Court's June 24, 2005 ruling in a
final rulemaking published on June 13, 2007 (72 FR 32526). In this
action, EPA removed from the Code of Federal Regulations (CFR) the PCP
and CU provisions contained in sections 40 CFR 51.165, 51.166, and
52.21.
    On October 27, 2003 EPA published a rulemaking action related to,
but not part of, the 2002 NSR Reform. EPA published the Routine
Equipment Replacement Provision (ERP) amendments (68 FR 61248) which
specified at 40 CFR 51.166(b)(2)(iii)(a) the criteria for the routine
replacement of equipment. On December 24, 2003 the Court of Appeals for
the DC Circuit on challenges to the October 27, 2003 EPA rulemaking
stayed EPA's final Routine Equipment Replacement Provision, State of
New York v. EPA, No. 03-1380. On March 17, 2006, the same Court vacated
these provisions.
    In its revision to Chapter 6, Section 4 of the Wyoming Air Quality
Standards and Regulations, Wyoming did not include the vacated Clean
Unit, PCP, and ERP provisions.

III. What is the State process to submit these materials to EPA?

    Section 110(k) of the CAA addresses EPA's actions on submissions of
revisions to a SIP. The CAA requires States to observe certain
procedural requirements in developing SIP revisions for submittal to
EPA. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to EPA. The Wyoming
Air Quality Division (AQD) held a public hearing on July 18, 2006 to
propose revisions consistent with the EPA 2002 NSR Reform to Chapter 6,
Permitting Requirements, Section 4, Prevention of Significant
Deterioration (PSD). The revised PSD provisions were adopted on July
27, 2006, effective October 6, 2006. The Governor submitted these SIP
revisions to EPA on December 13, 2006.
    We have evaluated the Governor's submittal of the PSD SIP revisions
and have determined that the State met the requirements for reasonable
notice and public hearing under Section 110(a)(2) of the CAA.

IV. What are the changes that EPA is approving?

    EPA is proposing to approve revisions to the Wyoming SIP that would
bring the State PSD program provisions in conformity with the 2002 NSR
Reform Rules. Wyoming sought to develop a regulatory program that
closely reflects the federal NSR regulations and conforms to the
requirements of 40 CFR 51.166. The revised PSD provisions reflect the
body of EPA NSR Reform rules promulgated in the December 31, 2002
Federal Register (67 FR 80186) and related courts decisions that stayed
or vacated portions of EPA's final rulemakings. The following is an
examination of only those few areas in which the State of Wyoming
altered the Federal regulatory text or approach. A detailed comparison
of Chapter 6, Section 4 of the WAQS&R to the Federal requirements at 40
CFR 52.166 can be found in the Technical Support Document prepared for
this rulemaking.
    The revised Chapter 6, Section 4 of the WAQS&R submitted to EPA on
December 13, 2006 does not include the Equipment Replacement Provision
(ERP) promulgated by EPA in its October 27, 2003 final rulemaking. The
ERP rule was stayed by the United States Court of Appeals for the
District of Columbia in a December 24, 2003 decision--State of New York
et al. v. EPA, 413 F3.d 3 (DC Cir. 2005). The same Court vacated the
ERP rules on March 17, 2006. Also, the Wyoming revised NSR SIP does not
include Pollution Control Projects and Clean Unit provisions, that were
vacated by the United States Court of Appeals for

the District of Columbia on June 24, 2005.\1\
---------------------------------------------------------------------------

    \1\ EPA removed these provisions from the 40 CFR 52.165, 52.166
and 52.21 on June 13, 2007 (72 FR 32526).
---------------------------------------------------------------------------

    As noted earlier, this Court decision also remanded back to EPA the
recordkeeping provisions at 40 CFR 52.21(r)(6). The phrase ``reasonable
possibility'' used in the federal rule at 40 CFR 52.21(r)(6) limits the
recordkeeping provisions to modifications at facilities that use the
actual-to-future-actual methodology to calculate emissions changes and
that may have a ``reasonable possibility'' of a significant emissions
increase. The revised PSD rules submitted by the State of Wyoming in
December 2006 do include recordkeeping requirements at Chapter 6,
Section 4(b)(i)(H)(I): ``Before beginning actual construction of the
project, the owner or operator shall document and maintain a record of
the following information....'' This language lacks the ``reasonable
possibility'' phrase objected to by the Court, and sets requirements
that are more stringent than the equivalent EPA provisions in the 2002
NSR Reform rules. It is therefore, approvable.
    During the year since the State of Wyoming submitted the
recordkeeping requirements provisions of Chapter 6, Section
4(b)(i)(H)(I) being approved in this action, EPA addressed the Court
remand on the ``reasonable possibility'' language omitted in the
Wyoming SIP. On March 8, 2007 EPA proposed two alternative options to
clarify what constitutes ``reasonable possibility'' (72 FR 10445).
Based on the public comments received, EPA identifies in a December 21,
2007 final rulemaking the criteria triggering the ``reasonable
possibility'' recordkeeping and reporting standard for the 2002 NSR
reform rules (72 FR 72607). To make the State NSR SIP provisions
consistent with the EPA December 21, 2007 rulemaking and maintain the
current recordkeeping provisions of Chapter 6, Section 4(b)(i)(H)(I),
Wyoming needs to submit a notice to EPA within 3 years to acknowledge
that their regulations fulfill these requirements.
    The Wyoming PSD revisions do not address the definition of
``replacement unit'' approved by EPA in the November 7, 2003
reconsideration of the 2002 NSR Reform. This omission was based on the
State understanding that the NSR Reform Rules contained ``replacement
unit'' references only within the PCPs and CU provisions that Wyoming,
as noted above, has not adopted. As the State realized that both its
revised and its EPA-approved NSR SIPs include a reference to
``replacement unit'' in their definition of ``Net emission increase''
at Chapter 6, Section 4(a)(viii), the State addressed this issue to the
satisfaction of EPA. In an exchange of e-mails with EPA on August 13
and September 5, 2007 (included as part of the docket for this action),
the State of Wyoming indicated its agreement with EPA's interpretation
of the definition of ``replacement unit'' detailed in the EPA
``Technical Support Document (TSD) for the Prevention of Significant
Deterioration (PSD) and Nonattainment Area New Source Review (NSR):
Reconsideration.'' This TSD was posted in support of EPA's November 7,
2003 Reconsideration Notice on the public Docket ID No. A-2001-0004. In
response to a public comment for that 2003 rulemaking, EPA wrote: ``We
do not believe that adding a definition of replacement unit is
essential for implementing the provisions as finalized in the December
2002 final rules because the preamble in the 1992 WEPCO rules spoke to
this issue (see 57 FR 32324); and, we have historically applied this
approach for determining whether an emissions unit is a replacement
unit. Nevertheless, we do agree with the commenter that it would be
convenient to have this definition within the regulatory text to
improve the overall clarity of the rule. Accordingly, the Federal
Register announcing our final decisions on reconsideration also
contains amendatory language to add this definition to the final rules.
* * *'' (TSD, page 98). Therefore, EPA recommends that the State of
Wyoming make its PSD SIP formally consistent with the Federal language
by adopting the definition of ``replacement unit'' in a future
rulemaking. However, the omission of this definition from Wyoming's PSD
regulations is approvable since EPA indicated in the 2003 rulemaking
that this definition was added to provide clarity.
    The requirements included in Wyoming's PSD program, as specified in
Chapter 6, Section 4, are substantively the same as the federal
provisions. As part of its review of the Wyoming submittal, EPA
performed a line-by-line review of the proposed revisions and has
determined that they are consistent with the program requirements for
the preparation, adoption and submittal of implementation plans for the
Prevention of Significant Deterioration of Air Quality, as set forth at
40 CFR 51.166.

V. What action is EPA taking today?

    EPA is proposing to approve the revisions to the Wyoming Air
Quality Standards and Regulations, Chapter 6, Section 4, Prevention of
Significant Deterioration submitted to EPA by the State of Wyoming on
December 13, 2006.

VI. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

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

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' as that term
is defined in Executive Order 13211, this action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This proposed rule does not have tribal implications because it
will 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, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).

Executive Order 13132 Federalism

    This action does not have Federalism implications because it does
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 (64 FR 43255, August 10, 1999).
This action merely proposes to approve a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

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

    This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to approve a
state rule implementing a Federal standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

    Dated: March 20, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8-6642 Filed 3-31-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Notices]
[Page 34742-34744]
[DOCID:fr17jy09-38]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No.: 2618-020]

Domtar Maine Corporation; Notice of Intent To Prepare an
Environmental Assessment and Notice of Scoping Meetings and Site Visit
and Soliciting Scoping Comments

July 10, 2009.
    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection.
    a. Type of Application: New License.
    b. Project No.: 2618-020.
    c. Date Filed: March 19, 2009.
    d. Applicant: Domtar Maine Corporation.
    e. Name of Project: West Branch Project.
    f. Location: On Grand Lake Stream, a tributary of the St. Croix
River in Penobscot, Washington and Hancock Counties, Maine.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Scott Beal, Domtar Maine Corporation, 144
Main Street, Baileyville, Maine 04694,<PHONE_NUMBER>.
    i. FERC Contact: John Costello,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: September 11, 2009.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    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.
    Scoping comments may be filed electronically via the Internet in
lieu of paper. The Commission strongly encourages electronic filings.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site at http://www.ferc.gov under the ``e-Filing'' link.
    k. This application is not ready for environmental analysis at this
time.
    l. Project Description: The existing West Branch Project includes
two developments (Sysladobsis and West Grand) comprising two dams and a
dike. The 23,500 acre impounded waters are comprised of West Grand,
Junior, Pocumcus, Pug, Bottle, Norway, and Scraggly lakes.
    The Sysladobsis development includes the 250-foot-long by 9-foot-
high Sysladobsis Dam (the furthest upstream), an earth embankment
structure with a timber gate and fish facility. The dam impounds the
5,400-acres Sysladobsis Lake and discharges directly into the West
Grand development.
    The West Branch development includes the approximately 487-foot-
long West Grand Dam comprises a 105.9-foot-long gate structure with
five gates. A vertical slot design upstream fish passage facility is
located adjacent to the dam's waste gate No.1
    The West Grand development includes approximately 535-foot-long by
15-foot-high Farm Cove Dike is located approximately 3.5 miles west of
the main outlet dam to West Grand Lake. The dike comprises a 10-foot-
wide by 30-foot-long fishway. The dike has no gates or other flow
controls; the only flow passing capability is through the fishway. No
new construction is planned.
    m. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.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 Online Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction by contacting the
applicant using the contact information in item (h) above.
    You may also register online at http://www.ferc.gov/
esubscribenow.htm to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Scoping Process: The Commission intends to prepare a single
environmental assessment (EA) for the project which will include the
Forest City Project (FERC No. P-2660- 024) (no draft EA would be
prepared) in accordance with the National Environmental Policy Act. The
EA will consider both site-specific and cumulative environmental
impacts and reasonable alternatives to the proposed action.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of these meetings and
to assist staff in determining the scope of the environmental issues to
be addressed in the environmental assessment. The times and locations
of these meetings are as follows:
Daytime Scoping Meeting
    Date: August 13, 2009.
    Time: 10 a.m. (EST)
    Place: Conference Room, Domtar Maine Administration Building.
    Address: Domtar Maine Corporation, 144 Main Street, Baileyville,
Maine 04694.
Evening Scoping Meeting
    Date: August 13, 2009.
    Time: 6 a.m. (EST)
    Place: Conference Room, Domtar Maine Administration Building.
    Address: Domtar Maine Corporation, 144 Main Street, Baileyville,
Maine 04694.
    The scoping document, which outlines the subject areas to be
addressed in the environmental assessment, was mailed to the
individuals and entities on the Commission's mailing list. Copies of
the scoping document will be available at the scoping meetings or may
be viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link
(see item m above). Based on all oral and written comments, a revised
scoping document may be issued.

Site Visit

    We will hold a site visit to the project on Wednesday, August 12,
2009, beginning at 9 a.m. (EST). To attend the site visit, meet at
Domtar Maine Corporation's Administration Building located at 144 Main
Street, Baileyville, Maine 04694. All participants are responsible for
their own transportation and lunch. Anyone with questions about the
site visit (or for directions) should contact Scott Beal at (207) 427-
4004. Those individuals planning to participate in the site visit
should notify Mr. Beal of their intent, no later than August 6, 2009.
    Note that Commission staff may hold a site visit and/or meeting at
the project at a later date to discuss any project-related effects to
archaeological, historic, or traditional cultural properties.

Meeting Objectives

    At the scoping meetings, staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EA; (2)
solicit from meeting participants all available information, especially
quantifiable data, on the resources issues; (3) encourage statements
from experts and the public on issues that should be analyzed in the
EA, including viewpoints in opposition to, or in support of, the
staff's preliminary views; (4) determine the resource issues to be
addressed in the EA; and (5) identify those issues that require a
detailed

analysis, as well as those issues that do not require a detailed
analysis.

Meeting Procedures

    Scoping meetings will be recorded by a stenographer and will become
part of the Commission's formal record for this proceeding.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meetings and to
assist staff in defining and clarifying the issues to be addressed in
the EA.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16990 Filed 7-16-09; 8:45 am]

BILLING CODE 6717-01-P