[Federal Register: March 15, 2011 (Volume 76, Number 50)]
[Proposed Rules]
[Page 13962-13966]
[DOCID:fr15mr11-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0958-201104; FRL-9280-7]

Approval and Promulgation of Implementation Plans; South
Carolina: Prevention of Significant Deterioration and Nonattainment New
Source Review; Fine Particulate Matter and Nitrogen Oxides as a
Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the South Carolina
State Implementation Plan (SIP), submitted by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC), to EPA on December 2, 2010, for
parallel processing. The proposed SIP revision modifies South
Carolina's New Source Review (NSR) Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR)
programs. The proposed revision makes two changes for which EPA is
proposing approval in today's rulemaking. First, the revision
incorporates NSR provisions for fine particulate matter (also known as
PM2.5) as amended in EPA's 2008 NSR PM2.5
Implementation Rule (hereafter referred to as the ``NSR
PM2.5 Rule'') into the South Carolina SIP. Second, the
proposed revision addresses a PSD permitting requirement promulgated in
the 1997 8-Hour Ozone National Ambient Air Quality Standards (NAAQS)
Implementation Rule NSR Update Phase II (hereafter referred to as the
``Ozone Implementation NSR Update or Phase II Rule''). Both changes in
the proposed SIP revision are necessary to comply with federal
regulations related to South Carolina's NSR permitting program. EPA is
proposing approval of the December 2, 2010, proposed SIP revision
because the Agency has preliminarily determined that the revisions are
in accordance with the Clean Air Act (CAA or Act) and EPA regulations
regarding NSR permitting.

DATES: Comments must be received on or before April 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0958 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2010-0958, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2010-0958.'' 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:[sol][sol]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 through http:[sol][sol]www.regulations.gov or e-mail,
information that you consider to be CBI or otherwise protected. The
http:[sol][sol]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:[sol][sol]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:[sol][sol]www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the South
Carolina SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Ms. Bradley's telephone
number is<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>For
information regarding NSR, contact Ms. Yolanda Adams, Air Permits
Section, at the same address above. Ms. Adams' telephone number is
(404) 562-9241; e-mail address<EMAIL_ADDRESS>For information
regarding the Phase II Rule, contact Ms. Jane Spann, Regulatory
Development Section, at the same address above. Ms. Spann's telephone
number is<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>For
information regarding the PM2.5 NAAQS, contact Mr. Joel
Huey, Regulatory Development Section, at the same address above. Mr.
Huey's telephone number is<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing in today's notice?
II. What is the background for the action proposed by EPA in today's
notice regarding NSR permitting requirements for the
PM2.5 NAAQS?
III. What is the background for the action proposed by EPA in
today's notice regarding the Phase II Rule for NOX as an
ozone precursor?
IV. What is EPA's analysis of South Carolina's SIP revision?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing in today's notice?

    On December 2, 2010, SC DHEC submitted a proposed revision to EPA
for approval into the South Carolina SIP to adopt Federal requirements
for NSR permitting. The December 2, 2010, submittal addresses PSD and
NNSR requirements related to the implementation of the 2006
PM2.5 NAAQS as well as adding a provision of the PSD
NOX as a precursor requirement established in the Phase II
Rule. Pursuant to section 110 of the CAA, EPA is proposing to approve
these changes into the South Carolina SIP.
    South Carolina's December 2, 2010, SIP revision was submitted as a
draft SIP revision and is not yet state-effective. Therefore, South
Carolina requested that EPA ``parallel process'' the SIP revision.\1\
Under this procedure, the EPA Regional Office works closely with the
state while developing new or revised regulations. Generally, the state
submits a copy of the proposed regulation or other revisions to EPA
before conducting its public hearing. EPA reviews this proposed state
action and prepares a notice of proposed rulemaking. EPA publishes this
notice of proposed rulemaking in the Federal Register and solicits
public comment in approximately the same time frame during which the
state is holding its public hearing. The state and EPA thus provide for
public comment periods on both the State and the Federal actions in
parallel.
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    \1\ While the transmittal letter for South Carolina's submission
is dated October 20, 2010, EPA did not officially receive South
Carolina's request for parallel processing until December 2, 2010.
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    After South Carolina submits the formal state-effective SIP
revision request (including a response to all public comments raised
during the state's public participation process), EPA will prepare a
final rulemaking notice for the SIP revision. If changes are made to
the SIP revision after EPA's notice of proposed rulemaking, such
changes must be acknowledged in EPA's final rulemaking action. If the
changes are significant, then EPA may be obligated to re-propose the
action. In addition, if the changes render the SIP revision not
approvable, EPA's re-proposal of the action would be a disapproval of
the revision.

II. What is the background for the action proposed by EPA in today's
notice regarding NSR permitting requirements for the PM2.5
NAAQS?

    Today's proposed action to revise the South Carolina SIP relates to
EPA's ``Implementation of the New Source Review (NSR) Program for
Particulate Matter Less than 2.5 Micrometers (PM2.5),''
Final Rule, 73 FR 28321 (May 16, 2008) (the ``NSR PM2.5
Rule''). In the NSR PM2.5 Rule, EPA finalized regulations to
implement the NSR program for the PM2.5 NAAQS. As a result
of EPA's final NSR PM2.5 Rule, states are required to
provide SIP submissions no later than May 16, 2011, to address these
requirements for both the PSD and NNSR programs. South Carolina's
December 2, 2010, proposed SIP revision addresses the PSD and NNSR
requirements for the PM2.5 NAAQS. More detail on the NSR
PM2.5 Rule can be found in EPA's May 16, 2008, final rule
and is summarized below.

A. Fine Particulate Matter and the NAAQS

    Fine particles in the atmosphere are made up of a complex mixture
of components. Common constituents include sulfate (SO4);
nitrate (NO3); ammonium; elemental carbon; a great variety
of organic compounds; and inorganic material (including metals, dust,
sea salt, and other trace elements) generally referred to as
``crustal'' material, although it may contain material from other
sources. Airborne particulate matter (PM) with a nominal aerodynamic
diameter of 2.5 micrometers or less (a micrometer is one-millionth of a
meter, and 2.5 micrometers is less than one-seventh the average width
of a human hair) are considered to be ``fine particles'' and are also
known as PM2.5. ``Primary'' particles are emitted directly
into the air as a solid or liquid particle (e.g., elemental carbon from
diesel engines or fire activities, or condensable organic particles
from gasoline engines). ``Secondary'' particles (e.g., sulfate and
nitrate) form in the atmosphere as a result of various chemical
reactions.
    The health effects associated with exposure to PM2.5
include potential aggravation of respiratory and cardiovascular disease
(i.e., lung disease, decreased lung function asthma attacks and certain
cardiovascular issues). Epidemiological studies have indicated a
correlation between elevated PM2.5 levels and premature
mortality. Groups considered especially sensitive to PM2.5
exposure include older adults, children, and individuals with heart and
lung diseases. For more details regarding health effects and
PM2.5 see EPA's Web site at http://www.epa.gov/oar/
particlepollution/ (see heading ``Health and Welfare'').
    On July 18, 1997, EPA revised the NAAQS for PM to add new standards
for fine particles, using PM2.5 as the indicator.
Previously, EPA used PM10 (inhalable particles smaller than
or equal to 10 micrometers in diameter) as the indicator for the PM
NAAQS. EPA established health-based (primary) annual and 24-hour
standards for PM2.5, setting an annual standard at a level
of 15 micrograms per cubic meter ([mu]g/m\3\) and a 24-hour standard at
a level of 65 [mu]g/m\3\. 62 FR 38652. At the time the 1997 primary
standards were established, EPA also established welfare-based
(secondary) standards identical to the primary standards. The secondary
standards are designed to protect against major environmental effects
of PM2.5, such as visibility impairment, soiling, and
materials damage. On October 17, 2006, EPA revised the primary and
secondary NAAQS for PM2.5. In that rulemaking, EPA reduced
the 24-hour NAAQS for PM2.5 to 35 [mu]g/m\3\ and retained
the existing annual PM2.5 NAAQS of 15 [mu]g/m\3\. 71 FR
61236.

B. What is the NSR program?

    The CAA NSR program is a preconstruction review and permitting
program applicable to certain new and modified stationary sources of
air pollutants regulated under the CAA. The program includes a
combination of air quality planning and air pollution control
technology requirements. The CAA NSR program is composed of three
separate programs: PSD, NNSR, and Minor NSR. PSD is established in Part
C of title I of the CAA and applies in areas that meet the NAAQS
``attainment areas'' as well as areas where there is insufficient
information to determine if the area meets the NAAQS-- ``unclassifiable
areas.'' The NNSR program is established in Part D of title I of the
CAA and applies in areas that are not in attainment of the NAAQS--
``nonattainment areas.'' The Minor NSR program addresses construction
or modification activities that do not quality as ``major'' and applies
regardless of the designation of the area in which a source is located.
Together, these programs are referred to as NSR programs. EPA
regulations governing the implementation of these programs are
contained in 40 Code of Federal Regulations (CFR) Parts 51.165, 51.166,
52.21, 52.24, and part 51, Appendix S.
    Section 109 of the CAA requires EPA to promulgate a primary NAAQS
to protect public health and a secondary NAAQS to protect public
welfare. Once EPA sets those standards, states must develop, adopt, and
submit a SIP to EPA for approval that includes emission limitations and
other control measures to attain and maintain the NAAQS. See CAA Sec.
110. Each SIP is also required to include a preconstruction review
program for the construction and modification of any stationary source
of air pollution to assure the maintenance of the NAAQS. The December
2, 2010, SIP submittal revises South Carolina's PSD and NNSR programs.

C. Implementation of NSR Requirements for PM2.5

    After EPA promulgated the NAAQS for PM2.5 in 1997, the
Agency issued a guidance document entitled ``Interim Implementation of
New Source Review Requirements for PM2.5.'' John S. Seitz,
EPA, October 23, 1997 (the ``Seitz memo''). The Seitz memo was designed
to help states implement NSR requirements pertaining to the new
PM2.5 NAAQS in light of technical difficulties posed by
PM2.5 at that time. Specifically, the Seitz memo stated:
``PM-10 may properly be used as a surrogate for PM-2.5 in meeting NSR
requirements until these difficulties are resolved.''
    EPA also issued a guidance document entitled ``Implementation of
New Source Review Requirements in PM-2.5 Nonattainment Areas'' (the
``2005 PM2.5 Nonattainment NSR Guidance''), on April 5,
2005, the date that EPA's PM2.5 nonattainment area
designations became effective for the 1997 NAAQS. This memorandum
provided guidance on the implementation of the nonattainment major NSR
provisions in PM2.5 nonattainment areas in the interim
period between the effective date of the PM2.5 nonattainment
area designations (April 5, 2005) and EPA's promulgation of final
PM2.5 NNSR regulations. Besides re-affirming the
continuation of the PM10 Surrogate Policy for
PM2.5 attainment areas set forth in the Seitz memo, the 2005
PM2.5 NNSR Guidance recommended that until EPA promulgated
the PM2.5 major NSR regulations, ``States should use a
PM10 nonattainment major NSR program as a surrogate to
address the requirements of nonattainment major NSR for the
PM2.5 NAAQS.''
    On May 16, 2008, EPA finalized a rule to implement the 1997
PM2.5 NAAQS, including changes to the NSR program. 73 FR
28321. The 2008 NSR PM2.5 Rule revised the NSR program
requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas. The 2008 NSR PM2.5 Rule
requires that major stationary sources seeking permits must begin
directly satisfying the PM2.5 requirements, as of the
effective date of the rule, rather than relying on PM10 as a
surrogate, with two exceptions. The first exception is a
``grandfathering'' provision in the Federal PSD program at 40 CFR
52.21(i)(1)(xi). This grandfathering provision applied to sources that
had applied for, but had not yet received, a final and effective PSD
permit before the July 15, 2008, effective date of the May 2008 final
rule. The second exception was that states with SIP-approved PSD
programs could continue to implement the Seitz Memo's PM10
Surrogate Policy for up to three years (until May 2011) or until the
individual revised state PSD programs for PM2.5 are approved
by EPA, whichever comes first. For additional

information on the NSR PM2.5 Rule, see 73 FR 28321.\2\
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    \2\ Additional information on this issue can also be found in an
August 12, 2009, final order on a title V petition describing the
use of PM10 as a surrogate for PM2.5. In the
Matter of Louisville Gas & Electric Company, Petition No. IV-2008-3,
Order on Petition (August 12, 2009).
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    On February 11, 2010, EPA proposed to repeal the grandfathering
provision for PM2.5 contained in the federal PSD program at
40 CFR 52.21(i)(1)(xi) and to end early the PM10 Surrogate
Policy applicable in states that have a SIP-approved PSD program. 75 FR
6827. In support of this proposal, EPA explained that the
PM2.5 implementation issues that led to the adoption of the
PM10 Surrogate Policy in 1997 have been largely resolved to
a degree sufficient for sources and permitting authorities to conduct
meaningful permit-related PM2.5 analyses. EPA has not yet
taken final action on this proposal. Though EPA has not finalized a
repeal of the PM2.5 grandfathering provision at 40 CFR
52.21(i)(1)(xi), South Carolina elected not to include this provision
in its SIP submittal.
    The NSR PM2.5 Rule also established the following NSR
requirements to implement the PM2.5 NAAQS: (1) Require NSR
permits to address directly emitted PM2.5 and precursor
pollutants; (2) establish significant emission rates for direct
PM2.5 and precursor pollutants (including sulfur dioxide
(SO2) and NOX); (3) establish PM2.5
emission offsets; and (4) require states to account for gases that
condense to form particles (``condensables'') in PM2.5
emission limits. In addition, the NSR PM2.5 Rule gives
states the option of allowing interpollutant trading for the purpose of
offsets under the PM2.5 NNSR program. South Carolina's
December 2, 2010, proposed submittal addresses the PSD and NNSR
requirements related to EPA's May 16, 2008, NSR PM2.5 Rule.

III. What is the background for the action proposed by EPA in today's
notice regarding the Phase II Rule for NOX as an ozone
precursor?

    Today's proposed action on the South Carolina SIP also relates to
EPA's Phase II Rule. 70 FR 71612 (November 29, 2005). In the Phase II
Rule, EPA finalized regulations to address permit requirements for the
1997 8-hour ozone NAAQS to implement the NSR program by specifically
identifying NOX as an ozone precursor.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million--also referred to as the 1997 8-hour ozone
NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As
part of the 2004 designations, EPA also promulgated an implementation
rule for the 1997 8-hour ozone NAAQS in two phases. Phase I of EPA's
1997 8-hour ozone implementation rule (Phase I Rule), published on
April 30, 2004, effective on June 15, 2004, provided the implementation
requirements for designating areas under subpart 1 and subpart 2 of the
CAA (69 FR 23951).
    On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone NAAQS--also
known as the Phase II Rule (70 FR 71612). The Phase II Rule addressed
control and planning requirements as they applied to areas designated
nonattainment for the 1997 8-hour ozone NAAQS such as reasonably
available control technology, reasonably available control measures,
reasonable further progress, modeling and attainment demonstrations and
NSR, and the impact to reformulated gas for the 1997 8-hour ozone NAAQS
transition. The Phase II Rule requirements include, among other
changes, a provision stating that NOX is an ozone precursor.
70 FR 71612, 71679. In the Phase II Rule, EPA stated as follows:

    ``The EPA has recognized NOX as an ozone precursor in
several national rules because of its contribution to ozone
transport and the ozone nonattainment problem. The EPA's recognition
of NOX as an ozone precursor is supported by scientific
studies, which have long recognized the role of NOX in
ozone formation and transport. Such formation and transport is not
limited to nonattainment areas. Therefore, we believe NOX
should be treated consistently as an ozone precursor in both our PSD
and nonattainment NSR regulations. For these reasons, we have
promulgated final regulations providing that NOX is an
ozone precursor in attainment areas.''

Specific to this rulemaking, the Phase II Rule made changes to federal
regulations 40 CFR 51.165 and 51.166 (which governs the NNSR and PSD
permitting programs respectively).

    Pursuant to these requirements, states were required to submit SIP
revisions adopting the federal requirements of the Phase II Rule (at 40
CFR 51.165 and 51.166) into their SIP no later than June 15, 2007. On
July 1, 2005, South Carolina submitted a SIP revision to adopt the PSD
and NNSR provisions amended in the 2002 NSR Reform rules.\3\ The SIP
revision became state-effective on June 24, 2005, and adopted PSD and
applicable NNSR provisions at 40 CFR 51.165 and 51.166, respectively.
Also in the July 1, 2005 submittal, South Carolina recognized
NOX as an ozone precursor for NSR permitting purposes by
adopting provisions into its SIP. At the time of South Carolina's NSR
Reform SIP submittal, the Phase II Rule had not been finalized by EPA.
However, the South Carolina NSR program had recognized NOX
emissions as an ozone precursor in their PSD permitting practice. EPA
took final action to approve South Carolina's NSR Reform SIP revision
as well as NOX as a precursor provisions into the South
Carolina SIP on June 2, 2008. 73 FR 31368. The December 2, 2010,
proposed SIP revision (the subject of this action), incorporates a
NOX as ozone precursor PSD requirement that was not included
in the South Carolina's July 1, 2005, SIP submittal to be consistent
with Federal regulations for NSR permitting purposes. Together, South
Carolina's July 1, 2005 (73 FR 31368) and December 2, 2010, SIP
revisions incorporate the Phase II Rule permitting requirements
pertaining to NOX as an ozone precursor into the South
Carolina SIP.
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    \3\ On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and NNSR
programs. On November 7, 2003 (68 FR 63021), EPA published a notice
of final action on the reconsideration of the December 31, 2002,
final rule changes. The December 31, 2002, and the November 7, 2003,
final actions are collectively referred to as the ``2002 NSR Reform
Rules.''
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IV. What is EPA's analysis of South Carolina's SIP revisions?

    South Carolina currently has a SIP-approved NSR program for new and
modified stationary sources. South Carolina's Regulation 61-62.5,
Standard Number 7, contains the PSD preconstruction review program and
Regulation 61-62.5, Standard Number 7.1 contains the permitting
requirements for major sources in or impacting nonattainment areas
(NNSR program). Today, EPA is proposing to approve changes to South
Carolina's Regulation 61-62.5 to update South Carolina's existing NSR
program to be consistent with current federal NSR regulations,
including adopting regulations amended in the NSR PM2.5 Rule
and the Phase II Rule (at 40 CFR 51.165 and 51.166). More detail is
provided below regarding EPA's analysis of the changes to South
Carolina's SIP as provided in the December 2, 2010, SIP revision.

A. EPA's Analysis of South Carolina's NSR Rule Revision To Adopt the
NSR PM2.5 Requirements

    South Carolina's Regulation 61-62.5, Standards Number 7 and 7.1
adopt the

provisions at 40 CFR 51.165 and 51.166, respectively, as amended by the
promulgation of the NSR PM2.5 Rule for PSD and NNSR.
Specifically, South Carolina's December 2, 2010, proposed SIP revision
addresses the following NSR PM2.5 provisions: (1)
Requirement for NSR permits to address directly emitted
PM2.5 and precursor pollutants; (2) significant emission
rates for direct PM2.5 and precursor pollutants
(SO2 and NOX); and (3) requirement of states to
address condensable PM in establishing enforceable emission limits for
PM10 or PM2.5. In light of EPA's February 11,
2010, proposed rulemaking to repeal the PM10
``grandfathering'' provision, as noted in Section II.C above, South
Carolina's December 2, 2010, SIP revision does not address 40 CFR
52.21(i)(1)(ix) promulgated in the NSR PM2.5 Rule. Even if
EPA's proposed repeal of the PM10 ``grandfathering''
provision is not finalized before today's action, South Carolina's SIP
revision is approvable because it is at least as stringent as current
federal law, and is consistent with section 110 of the CAA.
    In addition, South Carolina's SIP revision does not incorporate
optional provisions set forth at 40 CFR 51.165(a)(11) authorizing the
use of interpollutant trading for the purpose of offsets under the
PM2.5 NNSR program. Because the NSR PM2.5 Rule
gives states discretion regarding whether to include interpollutant
trading provisions in their PM2.5 NNSR programs, South
Carolina's decision not to adopt such provisions does not affect the
approvability of South Carolina's December 2, 2010, draft SIP revision.
EPA has preliminarily determined that South Carolina's December 2,
2010, draft SIP revision is consistent with the NSR PM2.5
Rule for PSD and NNSR and with section 110 of the CAA. See, e.g., NSR
PM2.5 Rule, 75 FR 31514.

B. EPA's Analysis of South Carolina's NSR Rule Revision To Adopt the
Phase II Rule Requirement for NOX as an Ozone Precursor

    South Carolina's December 2, 2010, proposed SIP revision also
updates its PSD permitting regulations at 61-62-5 Standard No. 7. The
submittal adds the requirement related to NOX as an ozone
precursor provision as amended in the Phase II Rule. Specifically, the
change addresses the inclusion of ``nitrogen oxides'' in the footnote
at 61-62.5(i)(5)(i) (as amended at 40 CFR 51.166(i)(5)(i)(e)) to
recognize NOX as an ozone precursor. The provision at 40 CFR
51.166(i)(5)(i)(e) requires sources with a net increase of 100 tons per
year or more of NOX to perform an ambient impact analysis.
    As mentioned above in Section III, South Carolina submitted a SIP
revision on July 1, 2005, to update its PSD and NNSR Regulations (at
Regulation 61-62.5, Standards No. 7 and 7.1) to adopt the 2002 NSR
Reform permitting requirements as well as incorporate provisions
recognizing NOX as an ozone precursor. The SIP revision
became state-effective on June 24, 2005 and EPA took final action to
approve the SIP revision on June 2, 2008. 73 FR 31368. Together, South
Carolina's July 1, 2005, SIP revision (73 FR 31368, June 2, 2008) and
the December 2, 2010, SIP revision (the subject of today's action),
incorporate into South Carolina's SIP (at Regulation 61-62.5, Standards
No. 7 and 7.1) all of the requirements for permitting pertaining to
NOX as an ozone precursor as required by the Phase II Rule,
70 FR 71612 (November 29, 2005). EPA is proposing to determine that
South Carolina's December 2, 2010, SIP revision is consistent with the
federal requirements of the Phase II Rule and the CAA.

V. Proposed Action

    EPA is proposing to approve South Carolina's December 2, 2010, SIP
revision adopting federal regulations amended in the NSR
PM2.5 Rule and the Phase II Rule (recognizing NOX
as an ozone precursor) into the South Carolina SIP. EPA has made the
preliminary determination that this SIP revision is approvable because
it is in accordance with the CAA and EPA regulations regarding NSR
permitting.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 CAA. Accordingly, this
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 F43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

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

    Dated: March 7, 2011
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-6009 Filed 3-14-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 7, 2010 (Volume 75, Number 172)]
[Proposed Rules]
[Page 54292]
[DOCID:fr07se10-6]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2010-0107; FRL-9197-2]
RIN 2060-AQ45

Action To Ensure Authority To Issue Permits Under the Prevention
of Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing; correction.

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

SUMMARY: In this document, EPA is making a correction to the Action to
Ensure Authority To Issue Permits Under the Prevention of Significant
Deterioration Program to Sources of Greenhouse Gas Emissions: Federal
Implementation Plan; Public Hearing to be held on September 14, 2010
(published in the Federal Register on August 30, 2010, 75 FR 52916). We
inadvertently within the summary section of the document stated that
the hearing will be held in Arlington, VA. This document corrects the
location to Washington, DC.

ADDRESSES: Public Hearing: The September 14, 2010 hearing will be held
at the EPA Ariel Rios East building, Room 1153, 1301 Constitution
Avenue, Washington, DC 20460. The public hearing will convene at 9 a.m.
(eastern standard time) and continue until the later of 6 p.m. or 1
hour after the last registered speaker has spoken. The EPA will make
every effort to accommodate all speakers that arrive and register. A
lunch break is scheduled from 12:30 p.m. until 2 p.m. Because this
hearing is being held at U.S. Government facilities, individuals
planning to attend the hearing should be prepared to show valid picture
identification to the security staff in order to gain access to the
meeting room. In addition, you will need to obtain a property pass for
any personal belongings you bring with you. Upon leaving the building,
you will be required to return this property pass to the security desk.
No large signs will be allowed in the building, cameras may only be
used outside of the building, and demonstrations will not be allowed on
Federal property for security reasons. The EPA Web Site for the
rulemaking, which includes the proposal and information about the
public hearing, can be found at: http://www.epa.gov/nsr.
    Docket: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0107. 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., confidential
business information 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 EPA Docket Center
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
EPA Docket Center is<PHONE_NUMBER>. The EPA Web Site for the
rulemaking, which includes the proposal and information about the
public hearing, can be found at http://www.epa.gov/nsr.

FOR FURTHER INFORMATION CONTACT: Pamela Long, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Policy Division, C504-03,
Research Triangle Park, NC 27711; telephone number<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>
    Dated: August 31, 2010.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. C1-2010-22208 Filed 9-3-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Page 72803]
[FR Doc No: 2016-25533]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9029-7]

Environmental Impact Statements; Notice of Availability

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

Weekly receipt of Environmental Impact Statements (EISs)
Filed 10/10/2016 Through 10/14/2016
Pursuant to 40 CFR 1506.9.

Notice

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

EIS No. 20160237, Final, USFS, FL, Beasley Pond Analysis Area, Review
Period Ends: 12/05/2016, Contact: Branden Tolver<PHONE_NUMBER>.
EIS No. 20160238, Final, NPS, NY, Fire Island National Seashore General
Management Plan, Review Period Ends: 11/21/2016, Contact: Kaetlyn
Jackson<PHONE_NUMBER>.
EIS No. 20160239, Draft, USFS, OR, Ten Cent Community Wildfire
Protection Project, Comment Period Ends: 12/05/2016, Contact: Andrew
Stinchfield<PHONE_NUMBER>.
EIS No. 20160240, Draft, BR, CA, Long-Term Plan to Protect Adult Salmon
in the Lower Klamath River, Comment Period Ends: 12/05/2016, Contact:
Julia Long<PHONE_NUMBER>.
EIS No. 20160241, Final, BLM, WA, Vantage to Pomona Heights 230kV
Transmission Line Project, Review Period Ends: 11/21/2016, Contact:
Robin Estes<PHONE_NUMBER>.
EIS No. 20160242, Draft, NMFS, NAT, Amendment 5b to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan,
Comment Period Ends: 12/22/2016, Contact: Margo Schulze-Haugen 301-427-
8503.
EIS No. 20160243, Draft, USFWS, CA, Otay River Estuary Restoration
Project San Diego Bay National Wildlife Refuge, Comment Period Ends:
12/05/2016, Contact: Brian Collins<PHONE_NUMBER>, extension 302.
EIS No. 20160244, Final, NOAA, AK, Effects of Oil and Gas Activities in
the Arctic Ocean, Review Period Ends: 11/21/2016, Contact: Jolie
Harrison<PHONE_NUMBER>.
EIS No. 20160245, Final, BR, MT, Lower Yellowstone Intake Diversion Dam
Fish Passage Project, Montana, Review Period Ends: 11/21/2016, Contact:
Tiffany Vanosdall<PHONE_NUMBER>.

Amended Notices

EIS No. 20160197, Draft, NOAA, HI, Heeia National Estuarine Research
Reserve, Comment Period Ends: 10/30/2016, Contact: Jean Tanimoto 808-
725-5253. Revision to the FR Notice Published 09/02/2016; Extending
Comment Period from 10/17/2016 to 10/30/2016.

    Dated: October 18, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-25533 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71791-71792]
[DOCID:fr24no10-157]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Advisory Committee--Public
Teleconference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Teleconference.

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

SUMMARY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a
teleconference of the Space Transportation Operations Working Group
(STOWG) of the Commercial Space Transportation Advisory Committee
(COMSTAC). The teleconference will take place on Wednesday, December 8,
2010, starting at 11 a.m. Eastern Standard Time. Individuals who plan
to participate should contact Susan Lender, DFO, (the Contact Person
listed below) by phone or e-mail for the teleconference call in number.
    The proposed agenda for this teleconference is to continue the
discussion started during the October 6, 2010, working group meeting.
This discussion will include looking at the orbital debris questions
asked by the FAA; continuing the group's review of the Concept of
Operation for Global Space Vehicle Debris Threat Management Report, and
updating the list of top issues that should require the working group's
attention.
    Interested members of the public may submit relevant written
statements for the COMSTAC working group members to consider under the
advisory process. Statements may concern the issues and agenda items
mentioned above or additional issues that may be relevant for the U.S.
commercial space transportation industry. Interested

parties wishing to submit written statements should contact Susan
Lender, DFO, (the Contact Person listed below) in writing (mail or e-
mail) by December 1, 2010, so that the information can be made
available to COMSTAC members for their review and consideration before
the December 8, 2010, teleconference. Written statements should be
supplied in the following formats: One hard copy with original
signature or one electronic copy via e-mail.
    An agenda will be posted on the FAA Web site at http://www.faa.gov/
go/ast.
    Individuals who plan to participate and need special assistance
should inform the Contact Person listed below in advance of the
meeting.

FOR FURTHER INFORMATION CONTACT: Susan Lender (AST-100), Office of
Commercial Space Transportation (AST), 800 Independence Avenue, SW.,
Room 325, Washington, DC 20591, telephone<PHONE_NUMBER>; E-mail
<EMAIL_ADDRESS>Complete information regarding COMSTAC is
available on the FAA Web site at: http://www.faa.gov/about/office_org/
headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2010-29413 Filed 11-23-10; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51804]
[DOCID:fr05se08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-68-001]

NSTAR Electric & Gas Corporation; Notice of Compliance Filing

August 28, 2008.
    Take notice that on August 7, 2008, NSTAR Electric & Gas
Corporation filed a revised Explanatory Statement and Offer of
Settlement in compliance with the Commission's directive in the July
24, 2008 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 8, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20529 Filed 9-4-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65668-65671]
[FR Doc No: 2023-19687]

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

[FRL 11257-01-OW]

Notice of Funding Availability for Credit Assistance Under the
State Infrastructure Financing Authority Water Infrastructure Finance
and Innovation Act Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of funding availability.

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

SUMMARY: The purpose of this notice of funding availability (NOFA) is
to solicit letters of interest (LOIs) from prospective state
infrastructure financing authority borrowers seeking credit assistance
from the U.S. Environmental Protection Agency (EPA) under the State
Infrastructure Financing Authority Water Infrastructure Finance and
Innovation Act (SWIFIA) program. EPA estimates that it may lend
approximately $1 billion to help finance approximately $2 billion in
water infrastructure investment.

DATES: LOIs submitted after October 25, 2023 will be reviewed using the
scoring criteria outlined in this NOFA.

ADDRESSES: Prospective borrowers should submit all LOIs electronically
via EPA's SharePoint site. To be granted access to the SharePoint site,
prospective borrowers should contact [email protected] and request a link
to the SharePoint site, where they can securely upload their LOIs and
then email [email protected] once the complete LOI package has been
uploaded to the SharePoint site.
    EPA will notify prospective borrowers that their LOI has been
received via a confirmation email.
    Prospective borrowers can access additional information, including
the WIFIA program handbook and application materials, on the WIFIA
website: https://www.epa.gov/wifia.

FOR FURTHER INFORMATION CONTACT: Dallas Shattuck, Office of Water,
Environmental Protection Agency; telephone number:<PHONE_NUMBER>; or
email: [email protected] (preferred).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Program Funding
III. Eligibility Requirements
IV. Budgetary Scoring Determination for Non-Federal Projects
V. Types and Amount of Credit Assistance
VI. Letters of Interest and Applications
VII. Fees
VIII. Selection Criteria
IX. Federal Requirements

I. Background

    Congress enacted WIFIA as part of the Water Resources Reform and
Development Act of 2014 (WRRDA). Codified at 33 U.S.C. 3901-3915, WIFIA
authorizes a Federal credit program for water infrastructure projects
to be administered by EPA. WIFIA authorizes EPA to provide Federal
credit assistance in the form of secured (direct) loans or loan
guarantees for eligible water infrastructure projects.
    Congress amended WIFIA in America's Water Infrastructure Act of
2018 (AWIA) to authorize Federal credit assistance exclusively for
state

infrastructure financing authority borrowers.
    The WIFIA program's mission is to accelerate investment in our
nation's water, wastewater, and stormwater infrastructure by providing
long-term, low-cost, supplemental credit assistance under customized
terms to creditworthy water infrastructure projects of national and
regional significance. Additionally, the WIFIA program is implementing
five key Administration priorities in this 2023 NOFA:

A. Increasing Investment in Economically Stressed Communities

    EPA encourages the submission of projects that address the ever-
increasing needs of economically stressed and disadvantaged communities
to ensure they benefit from investments in water infrastructure, and
therefore improve the public health and livability of these
communities.

B. Making Rapid Progress on Lead Service Line Replacement

    Many drinking water systems still have lead service lines. EPA
encourages the submission of drinking water infrastructure projects
that will help make rapid progress on replacing lead service lines to
reduce exposure to lead and improve public health. There is no safe
level of lead in drinking water. Full lead service line replacement can
be an effective method to reduce drinking water lead levels. Because of
this, WIFIA-funded projects involving lead service line replacement
should include a plan, strategy, and/or approach to comply with EPA
policy on lead service line replacement.

C. Addressing PFAS and Emerging Contaminants

    EPA encourages the submission of projects that focus on reducing
exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and
other emerging contaminants through drinking water and/or projects that
help address discharges of emerging contaminants from wastewater and/or
stormwater systems.

D. Mitigating the Impacts of Drought

    EPA supports long-term strategies to conserve water, promote water
efficiency and reuse, and protect and diversify communities' sources of
water. Taken together, these efforts can help communities address water
quantity concerns and reduce their reliance on single sources for
drinking water. Due to the WIFIA program's broad range of eligible
projects, EPA can finance projects such as aquifer storage and
recovery, water reuse, green infrastructure, stormwater diversion and
storage, water loss audits, meter replacement, groundwater
replenishment, and nature-based solutions.

E. Supporting One Water Innovation and Resilience

    One of the defining features of WIFIA is the broad range of
eligible projects that EPA can fund to flexibly support priority needs.
EPA encourages borrowers to submit applications for water
infrastructure projects that are new and innovative in regards to
energy efficiency, addressing drought, or reducing water pollution and
contaminants. In addition, EPA encourages the submission of water
infrastructure projects that are more resilient to all threats--whether
it is natural disasters, climate change, or threats such as
bioterrorism and cyber-attacks.

II. Program Funding

A. WIFIA Program Appropriation

    Congress appropriated $5 million in funding to cover the subsidy
cost of providing SWIFIA credit assistance. The subsidy cost covers the
Federal government's risk that the loan may not be paid back. EPA
anticipates that the average subsidy cost for SWIFIA-funded projects
will be relatively low; therefore, this funding can be leveraged into a
much larger amount of credit assistance. EPA estimates that this
appropriation will allow it to provide approximately $1 billion \1\ in
long-term, low-cost financing to water infrastructure projects and
accelerate approximately $2 billion in infrastructure investment around
the country.
---------------------------------------------------------------------------

    \1\ This estimated loan volume is provided for reference only.
Consistent with the Federal Credit Reform Act of 1990 and the
requirements of the Office of Management and Budget, the actual
subsidy cost of providing credit assistance is based on individual
project characteristics and calculated on a project-by-project
basis. Thus, actual lending capacity may vary.
---------------------------------------------------------------------------

B. Funding Availability Period

    LOIs may be submitted by prospective borrowers and will be received
by EPA on a rolling basis. LOIs shall be submitted using the SWIFIA LOI
form found at https://www.epa.gov/wifia. Under the rolling process,
LOIs will continually be reviewed and selected based on available
funds. LOIs received after October 25, 2023 will be evaluated as
described in section VIII of this document. The publication of this
NOFA does not impact LOIs previously submitted to EPA, which continue
to be reviewed based on the applicable requirements at the time of
submission. Any funding authority not obligated in the fiscal year for
which it is authorized remains available for obligation in subsequent
years.
    LOIs submitted after October 25, 2023 will be reviewed using the
scoring criteria outlined in this NOFA. This NOFA provides guidance on
all SWIFIA funding authority available including funding from previous
years.

III. Eligibility Requirements

    The WIFIA statute and implementing rules set forth eligibility
requirements for prospective borrowers, projects, and project costs.
The requirements outlined below are described in greater detail in the
WIFIA program handbook.

A. Eligible Applicants

    Prospective borrowers must be a state infrastructure financing
authority to be eligible for SWIFIA credit assistance. EPA defines
state infrastructure financing authority as the state entity
established or designated by the Governor of a state to receive a
capitalization grant provided by, or otherwise carry out the
requirements of, title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12).

B. Eligible Projects

    To be eligible for SWIFIA credit assistance, the SWIFIA project
must be a combination of projects, each of which is eligible for
assistance under section 603(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(c)) or section 1452(a)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(a)(2)), for which a state infrastructure
financing authority submits to the Administrator a single application.

C. Eligible Costs

    As defined under 33 U.S.C. 3906 and described in the WIFIA program
handbook, eligible project costs are costs for the SWIFIA project
associated with the following activities:
    (i) Development-phase activities, including planning, feasibility
analysis (including any related analysis necessary to carry out an
eligible project), revenue forecasting, environmental review,
permitting, preliminary engineering and design work, and other
preconstruction activities;
    (ii) Construction, reconstruction, rehabilitation, and replacement
activities;
    (iii) The acquisition of real property or an interest in real
property (including water rights, land relating to the project, and
improvements to land),

environmental mitigation (including acquisitions pursuant to 33 U.S.C.
3905(8)), construction contingencies, and acquisition of equipment; and
    (iv) Capitalized interest necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses, and other
carrying costs during construction. Capitalized interest on WIFIA
credit assistance may not be included as an eligible project cost.

IV. Budgetary Scoring Determination for Non-Federal Projects

    To comply with Public Law 116-260, a project selected for WIFIA
financing using funding appropriated in FY2023 will be assessed using
two initial screening questions and sixteen scoring factors. These
questions will help the Office of Management and Budget (OMB) determine
compliance with budgetary scoring rules, a process that will be
conducted in parallel to EPA's LOI evaluation process outlined in this
NOFA. The questions may be found in the Federal Register publication:
Water Infrastructure Finance and Innovation Act Program (WIFIA)
Criteria Pursuant to the Further Consolidated Appropriations Act, 2020
(85 FR 39189, June 30, 2020). These questions are also published in the
WIFIA program handbook and further information about the scoring
process may be referenced therein. EPA encourages project applicants to
review the scoring criteria and provide sufficient information in the
LOI or as an attachment to the LOI to facilitate EPA and OMB review of
the prospective project considering the scoring criteria.

V. Types and Amount of Credit Assistance

    Under SWIFIA, EPA is offering senior loans, on parity with a state
infrastructure financing authority's other senior capital market debt
of the same credit quality, to help the state infrastructure financing
authority lend to multiple projects throughout the state.

A. Minimum Project Costs

    A SWIFIA project must have eligible project costs that are
reasonably anticipated to equal or exceed $20 million.

B. Maximum Amount of SWIFIA Credit Assistance

    The maximum amount of SWIFIA credit assistance to a state
infrastructure financing authority is 49 percent of estimated eligible
total costs of the eligible projects that are included in the SWIFIA
project.

C. SWIFIA Loan Structures

    Prospective SWIFIA borrowers may request one the following loan
structures:
    (i) EPA accepts the state infrastructure financing authority's
existing capital market debt indenture (to the extent the terms are
permissible under Federal law and regulation and WIFIA program
policies); or
    (ii) The state infrastructure financing authority accepts EPA's
standard terms. More information on EPA's standard terms is available
at www.epa.gov/wifia.

VI. Letters of Interest and Applications

    Each prospective borrower will be required to submit an LOI and, if
invited, an application to EPA to be considered for approval. This
section describes the LOI submission and application submission.

A. Letter of Interest (LOI)

    Prospective borrowers seeking a SWIFIA loan must submit an LOI
describing the SWIFIA project fundamentals and addressing the SWIFIA
selection criteria.
    The primary purpose of the LOI is to provide adequate information
to EPA to validate the eligibility and creditworthiness of the
prospective borrower and the prospective SWIFIA project and determine
the extent to which the SWIFIA project meets the statutory selection
criteria. Based on its review of the information provided in the LOI,
EPA will invite prospective borrowers to submit applications for their
projects. Prospective borrowers are encouraged to review the WIFIA
program handbook to help create the best justification possible for the
project and a cohesive and comprehensive LOI submittal.
    Prospective borrowers should utilize the LOI form on the WIFIA
website and ensure that sufficient detail about the project is provided
for EPA's review. EPA will notify a prospective borrower if its SWIFIA
project is deemed ineligible as described in section IV of this
document.
    Below is guidance on what EPA recommends be included in the LOI.
    1. Loan Information: The prospective borrower provides information
about its legal name, business address, program website, employer/
taxpayer identification number, Unique Entity ID from SAM.gov,
requested SWIFIA loan amount and SWIFIA project cost amount, type of
SRF loans (clean water, drinking water, or both), and requested loan
structure.
    2. Supporting Documents: The prospective borrower provides the most
recent version of the following documents: Intended Use Plan (IUP), SRF
Operating Agreements with EPA Regional Office, documentation of the
priority setting system, and bond indenture (if applicable).
    3. Contact Information: The prospective borrower identifies the
points of contact with whom the WIFIA program should communicate
regarding the LOI. To complete EPA's evaluation, the WIFIA program
staff may contact a prospective borrower regarding specific information
in the LOI.
    4. Certifications. The prospective borrower certifies that it will
abide by all applicable laws and regulations, if selected to receive
funding.

B. Application

    After EPA concludes its evaluation of a complete LOI package, a
selection committee will invite the prospective borrower to apply based
on satisfaction of the eligibility requirements. So long as budget
authority remains available, EPA expects that all eligible state
infrastructure financing authority prospective borrowers will be
invited to apply for a SWIFIA loan.
    An invitation to apply for WIFIA credit assistance does not
guarantee EPA's approval, which remains subject to a project's
continued eligibility, including creditworthiness, the successful
negotiation of terms acceptable to EPA, and the availability of funds
at the time at which all necessary recommendations and evaluations have
been completed. However, the purpose of EPA's LOI review is to pre-
screen prospective borrowers to the extent practicable. It is expected
that EPA will only invite prospective borrowers to apply if it
anticipates that those prospective borrowers are able to obtain WIFIA
credit assistance. Detailed information needs for the application are
listed in the application form and described in the WIFIA program
handbook.

VII. Fees

    There is no fee to submit an LOI. For information about application
and post-closing costs, please refer to the WIFIA fee rule, Fees for
Water Infrastructure Project Applications under WIFIA, 40 CFR 35.10080.

VIII. Selection Criteria

    This section specifies the criteria and process that EPA will use
to evaluate LOIs and award applications for SWIFIA assistance.
    The selection criteria described are the statutory selection
criteria for state infrastructure financing authority borrowers.
Following its eligibility

determination, EPA will determine the extent to which the SWIFIA
project meets the statutory selection criteria. They are as follows:
    (i) The extent to which the project financing plan includes public
or private financing in addition to assistance under [WIFIA]. 33 U.S.C.
3907(b)(2)(B); 40 CFR 35.10055(a)(10).
    (ii) The likelihood that assistance under [WIFIA] would enable the
project to proceed at an earlier date than the project would otherwise
be able to proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR 35.10055(a)(2).
    (iii) The extent to which the project uses new or innovative
approaches. 33 U.S.C. 3907(b)(2)(D); 40 CFR 35.10055(a)(3).
    (iv) The amount of budget authority required to fund the Federal
credit instrument made available under [WIFIA]. 33 U.S.C.
3907(b)(2)(E).
    (v) The extent to which the project: (1) protects against extreme
weather events, such as floods or hurricanes; or (2) helps maintain or
protect the environment. 33 U.S.C. 3907(b)(2)(F); 40 CFR
35.10055(a)(4); 40 CFR 35.10055(a)(5).
    (vi) The extent to which the project serves regions with
significant energy exploration, development, or production areas. 33
U.S.C. 3907(b)(2)(G); 40 CFR 35.10055(a)(6).
    (vii) The extent to which a project serves regions with significant
water resource challenges, including the need to address: (1) water
quality concerns in areas of regional, national, or international
significance; (2) water quantity concerns related to groundwater,
surface water, or other water sources; (3) significant flood risk; (4)
water resource challenges identified in existing regional, state, or
multistate agreements; or (5) water resources with exceptional
recreational value or ecological importance. 33 U.S.C. 3907(b)(2)(H);
40 CFR 35.10055(a)(7).
    (viii) The extent to which the project addresses identified
municipal, state, or regional priorities. 33 U.S.C. 3907(b)(2)(I); 40
CFR 35.10055(a)(8).
    (ix) The readiness of the project to proceed toward development,
including a demonstration by the obligor that there is a reasonable
expectation that the contracting process for construction of the
project can commence by not later than 90 days after the date on which
a Federal credit instrument is obligated for the project under [WIFIA].
33 U.S.C. 3907(b)(2)(J); 40 CFR 35.10055(a)(9).
    (x) The extent to which assistance under [WIFIA] reduces the
contribution of Federal assistance to the project. 33 U.S.C.
3907(b)(2)(K); 40 CFR 35.10055(a)(11).

IX. Federal Requirements

    All projects receiving WIFIA assistance must comply with the
applicable Federal requirements. Compliance with Federal requirements
is not required for submitting a letter of interest, being invited to
apply for a WIFIA loan, or submitting an application. The WIFIA program
will review selected projects for compliance with Federal requirements
once they have submitted an application. Additional information about
Federal compliance requirements is available in the WIFIA program
handbook and at https://www.epa.gov/wifia/wifia-federal-compliance-requirements.
    Authority: 33 U.S.C.3901-3915; 40 CFR part 35.

Michael S. Regan,
Administrator.
[FR Doc. 2023-19687 Filed 9-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48129-48131]
[FR Doc No: 2015-19647]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75614; File No. SR-NYSEMKT-2015-62]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending the NYSE Amex
Options Fee Schedule To Modify the Securities That Are Subject to the
NYSE Amex Options Market Maker Premium Product Fees

August 5, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the

``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that,
on August 4, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Amex Options Fee Schedule
(``Fee Schedule'') to modify the securities that are subject to the
NYSE Amex Options Market Maker Premium Product Fees. The Exchange
proposes to implement the fee change effective August 4, 2015. The text
of the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to modify the securities that are
subject to the NYSE Amex Options Market Maker Premium Product Fees. The
Exchange proposes to implement the fee change effective August 4, 2015.
    In August, 2012, the Exchange introduced the Premium Product Fees,
which charges a monthly fee to any NYSE Amex Options Market Maker
transacting in the most active issues trading on the Exchange.\4\
Section III.D. of the Fee Schedule sets forth the list of 10 Premium
Products--SPY, AAPL, IWM, QQQ, BAC, EEM, GLD, JPM, XLF, and VXX.
Subject to exceptions, NYSE Amex Options Marker Makers that transact in
these issues are subject to a fee of $1,000 per product traded with a
monthly cap of $7,000.\5\
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    \4\ See Securities Exchange Act Release No. 67634 (August 9,
2012), 77 FR 49038 (August 15, 2012) (SR-NYSEMKT-2012-33) (``Premium
Product Filing'').
    \5\ The Premium Product Fees do not apply to Market Makers that
qualify as NYSE Amex Options Floor Market Makers as described in
note 1 to Section III.A of the Fee Schedule. See Fee Schedule,
Section III.D. and III.A.
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    The Exchange proposes to amend the list of Premium Products to
reflect the most actively traded securities on the Exchange today,
which have changed since the fees were introduced in 2012.\6\
Specifically, the Exchange proposes to remove GLD, JPM, and XLF from
the list of Premium Products and to replace them with BABA, FB and USO.
The Exchange believes that the proposed change would continue to
encourage meaningful Market Maker participation in the most active
issues on the Exchange. In this regard, the Exchange proposes to amend
Section III.D. to the Fee Schedule to reflect the proposed changes to
the list of Premium Product.
---------------------------------------------------------------------------

    \6\ The Exchange represented in the Premium Product Filing that
``any change to the list of Premium Products would be done through a
fee filing.'' See supra n. 4, 77 FR at 49038.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the change to the list of Premium
Products is reasonable, equitable, and not unfairly discriminatory
because the proposed change applies to all NYSE Amex Options Market
Makers equally, except for those market makers who qualify as NYSE Amex
Floor Market Makers and achieve 75% or more of their volumes in open or
public outcry, which Marker Makers are exempt because the Exchange
believes that public outcry markets serve an important role in the
price discovery process that benefits all participants on the Exchange
and in the marketplace.\9\ As the Exchange noted in 2012 in the Premium
Products Filing, because the Exchange does not limit the number of
participants who may act as market makers, either electronically or in
public outcry, the Exchange has more than sufficient liquidity in the
most active options on the Exchange. The proposed change simply updates
the list of Premium Products to include those names most actively
traded on the Exchange.
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    \9\ See supra n. 5.
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    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of

the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \13\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-62 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-62. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEMKT-2015-62 and should be submitted
on or before September 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19647 Filed 8-10-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Page 66488]
[FR Doc No: 2023-20987]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4487-DR; Docket ID FEMA-2023-0001]

North Carolina; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4487-DR), dated March 25, 2020,
and related determinations.

DATES: This change occurred on June 29, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Robert D.
Samaan, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Gracia B. Szczech as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-20987 Filed 9-26-23; 8:45 am]
BILLING CODE 9111-23-P