[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28616-28617]
[FR Doc No: 2017-13186]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2016-0442; FRL-9964-13-OAR]
RIN 2060-AT57

National Emission Standards for Hazardous Air Pollutants From the
Portland Cement Manufacturing Industry: Alternative Monitoring Method

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the National Emission Standards for Hazardous Air Pollutants From
the Portland Cement Manufacturing Industry. In the ``Rules and
Regulations'' section of this issue of the Federal Register, we are
publishing a direct final rule, without a prior proposed rule, that
temporarily revises the testing and monitoring requirements for
hydrochloric acid (HCl) due to the current unavailability of HCl
calibration gases used for quality assurance purposes. If we receive no
adverse comment, we will not take further action on this proposed rule.

DATES: Written comments must be received by July 3, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0442, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and
Programs Division (D243-04), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on amendments to the National
Emission Standards for Hazardous Pollutants From the Portland Cement
Manufacturing Industry. We have published a direct final rule to amend
40 CFR part 63, subpart LLL, by revising the testing and monitoring
requirements for HCl in the ``Rules and Regulations'' section of this
issue of the Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment on a distinct
portion of the direct final rule, we will withdraw that portion of the
rule and it will not take effect. In this instance, we would address
all public comments in any subsequent final rule based on this proposed
rule.
    If we receive adverse comment on a distinct provision of the direct
final rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out in the direct
final rule, notwithstanding adverse comment on any other provision. We
do not intend to institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
    The regulatory text for this proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this issue of the Federal Register. For further supplementary
information, the detailed rationale for this proposal and the
regulatory revisions, see the direct final rule published in the
``Rules and Regulations'' section of this issue of the Federal
Register.

II. Does this action apply to me?

    Categories and entities potentially regulated by this proposed rule
include:

------------------------------------------------------------------------
                                                                 NAICS
                           Category                             code \1\
------------------------------------------------------------------------
Portland cement manufacturing facilities.....................     327310
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1340. If you
have any questions regarding the applicability of any aspect of this
action to a particular entity, consult either the air permitting
authority for the entity or your EPA Regional representative as listed
in 40 CFR 63.13.

III. Statutory and Executive Orders

    For a complete discussion of the administrative requirements
applicable to this action, see the direct final rule in the ``Rules and
Regulations'' section of this issue of the Federal Register.

    Dated: June 19, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-13186 Filed 6-22-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]
[Page 10055-10056]
[DOCID:fr09mr09-61]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-E-0164]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ALTABAX OINTMENT

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) has determined the
regulatory review period for ALTABAX OINTMENT and is publishing this
notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of Patents and Trademarks, Department of Commerce, for the
extension of a patent which claims that human drug product.

ADDRESSES:  Submit written comments and petitions to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:  Beverly Friedman, Office of
Regulatory Policy, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the human drug product becomes effective and runs
until the approval phase begins. The approval phase starts with the
initial submission of an application to market the human drug product
and continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA recently approved for marketing the human drug product ALTABAX
OINTMENT (retapamulin). ALTABAX OINTMENT is indicated for the topical
treatment of impetigo due to Staphylococcus aureus (methicillin-
susceptible isolates only) or Streptococcus pyogenes in patients aged 9
months or older. Subsequent to this approval, the Patent and Trademark
Office received a patent term restoration application for ALTABAX
OINTMENT (U.S. Patent No. RE39,128E) from SmithKline Beecham P.L.C.,
and SmithKline Beecham Corp., and the Patent and Trademark Office
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated April 28, 2008, FDA advised
the Patent and Trademark Office that this human drug product had
undergone a regulatory review period and that the approval of ALTABAX
OINTMENT represented the first permitted commercial marketing or use of
the product. Thereafter, the Patent and Trademark Office requested that
FDA determine the product's regulatory review period.
    FDA has determined that the applicable regulatory review period for
ALTABAX OINTMENT is 1,602 days. Of this time, 1,297 days occurred
during the testing phase of the regulatory review period, while 305
days occurred during the approval phase. These periods of time were
derived from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective:
November 24, 2002. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on
November 24, 2002.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the act: June 12, 2006.
FDA has verified the applicant's claim that the new drug application
(NDA) for ALTABAX OINTMENT (NDA 22-055) was initially submitted on June
12, 2006.
    3. The date the application was approved: April 12, 2007. FDA has
verified the applicant's claim that NDA 22-055 was approved on April
12, 2007.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 833 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) written or electronic comments and ask for a redetermination
by May 8, 2009. Furthermore, any interested person may petition FDA for
a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by September 8,
2009. To meet its burden, the petition must contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.
    Comments and petitions should be submitted to the Division of
Dockets Management. Three copies of any mailed information are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the docket number found in brackets in the heading
of this document. Comments and petitions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 17, 2009.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. E9-4914 Filed 3-6-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16188-16190]
[FR Doc No: 2023-05391]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0193]
RIN 1625-AA00

Safety Zone, Point Mugu Airshow, Naval Base Ventura County,
California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a safety zone over the
waters near Naval Base Ventura County, Point Mugu, CA, in support of
the Point Mugu Airshow. This action is necessary to provide for the
safety of life on these navigable waters in the area near the air
demonstrations and to provide an emergency landing area for the event.
This regulation prohibits vessels from entering into, transiting
through, or remaining within the designated area unless specifically
authorized by the Captain of the Port, Sector Los Angeles-Long Beach
(COTP), or a designated representative.

DATES: This rule is effective from noon on March 17, 2023, through 5
p.m. on March 19, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0193 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Maria Wiener, U.S. Coast Guard Sector Los Angeles-
Long Beach; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to

comment when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it is impracticable. The Coast Guard did not
receive final details for this event until Feburary 9, 2023. There was
insufficient time to undergo the full rulemaking process, including
providing a reasonable comment period and considering those comments,
because the Coast Guard must establish this temporary safety zone by
March 17, 2023.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to address potentially hazardous conditions associated
with an aircraft emergency landing area.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U. S. C.
70034. The COTP has determined that a safety zone is necessary due to
potential hazards associated with this event. The sponsor will be
conducting an air show in vicinity of the Point Mugu, Ventura County,
CA. The COTP has determined that this safety zone is necessary to
ensure the safety of, and reduce the risk to, the public, and mariners,
in the vicinity of the aerobatic performance because the area of water
within the zone will serve as an emergency landing area for aircraft.

IV. Discussion of the Rule

    This rule establishes a safety zone from noon on March 17, 2023,
through 5 p.m. on March 19, 2023. Based on the safety risks described
above, the Coast Guard is proposing to establish a safety zone to serve
as an emergency landing area for aircraft in the vicinity of Point Mugu
for the Point Mugu Air Show. The safety zone would encompass all
navigable waters from the surface to the sea floor in an area bound by
the following coordinates: 34[deg]06'27'' N; 119[deg]08'29'' W,
34[deg]06'20'' N; 119[deg]8'13'' W, 34[deg]06'15'' N; 119[deg]8'38'' W,
34[deg]06'06'' N; 119[deg]8'26'' W. All coordinates displayed are
referenced by North American Datum of 1983, World Geodetic System,
1984.
    During the enforcement period, vessels are prohibited from entering
into, transiting through, or remaining within the designated area
unless authorized by the COTP or their designated representative. The
general boating public will be notified prior to the enforcement of the
safety zone via Broadcast Notice to Mariners. No vessel or person is
permitted to operate in the safety zone without obtaining permission
from COTP or the COTP's designated representative. A designated
representative means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel designated by or assisting the
COTP in the enforcement of the safety zone. To seek permission to
enter, hail Coast Guard Sector Los Angeles-Long Beach on VHF-FM Channel
16 or<PHONE_NUMBER>. Upon being hailed by a Coast Guard vessel or
designated representative by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The size of the zone is the
minimum necessary to provide adequate protection for the waterway
users, adjoining areas, and the public. The zone will be enforced
during the scheduled times of noon to 5:00 p.m. on three days.
Commercial vessel traffic will not be affected by the establishment of
the safety zone due to its overall proximity to the shore. Recreational
water users will be able to transit around the safety zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone encompassing an area in vicinity of Point Mugu, CA. It is
categorically excluded from further review under paragraph L60(a), in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. An environmental analysis and checklist supporting this
determination and Record of Environmental Consideration (REC) are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-123 to read as follows:

Sec.  165.T11-123  Safety Zone; Point Mugu Airshow, Naval Base Ventura
County, California.

    (a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor consisting of a line
connecting the following coordinates: 34[deg]06'27'' N; 119[deg]08'29''
W, 34[deg]06'20'' N; 119[deg]8'13'' W, 34[deg]06'15'' N; 119[deg]8'38''
W, 34[deg]06'06'' N;119[deg]8'26'' W. All coordinates displayed are
referenced by North American Datum of 1983, World Geodetic System,
1984.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the Captain of the Port Los Angeles-Long Beach (COTP) in
the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los
Angeles-Long Beach on VHF-FM Channel 16 or call at<PHONE_NUMBER>.
Those in the security zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (3) Upon being hailed by the COTP's designated representative, by
siren, radio, flashing light or other means, the operator of the vessel
shall proceed as directed.
    (d) Enforcement period. The temporary safety zone will be enforced
from noon to 5 p.m. each day from March 17, 2023, to March 19, 2023.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone via Local Notices to Mariners.

    Dated: March 13, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-05391 Filed 3-15-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]
[Page 4580-4581]
[DOCID:fr28ja10-83]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1866-DR; Docket ID FEMA-2008-0018]

Alabama; Amendment No. 1 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 Alabama (FEMA-1866-DR), dated December 22, 2009, and
related determinations.

DATES: Effective Date: January 14, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, 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, W. Michael
Moore, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Michael Bolch 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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-1755 Filed 1-27-10; 8:45 am]
BILLING CODE 9111-23-P


exclude periods when pellet quality did not fall within the defined
acceptable ranges of the pellet quality factors identified pursuant to
paragraph (b)(1)(ii)(E) of this section and for any subsequent period
when production has been reduced in response to pellet quality concerns
consistent with Hibbing's ISO 9001 operating standards. Any excluded
period will commence at the time documented on the production log
demonstrating that pellet quality did not fall within the defined
acceptable range and shall end when pellet quality within the defined
acceptable range has been re-established at planned production levels,
which will be presumed to be the level that existed immediately prior
to the reduction in production due to pellet quality concerns. EPA may
also exclude data where operations are inconsistent with the reported
design parameters of the NOX reduction control technology
installed.
    (7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 55 months after May 12, 2016. The confirmed or
modified NOX limit for Hibbing Line 2 when burning only
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
    (C) Hibbing Line 3. (1) An emission limit of 1.2 lbs
NOX/MMBTU, based on a 30-day rolling average, shall apply to
Hibbing Line 3 when burning natural gas. This emission limit will
become enforceable 60 months after May 12, 2016 and only after EPA's
confirmation or modification of the emission limit in accordance with
the procedures set forth in paragraphs (b)(1)(ii)(C)(2) through (7) of
this section.
    (2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of Hibbing Line 3 must install a
CEMS for NOX and SO2 within six months from May
12, 2016. The owner or operator must start collecting CEMS data and
submit the data to EPA no later than 30 days from the end of each
calendar quarter after that installation deadline. Any remaining data
through the end of the 57th month from May 12, 2016, that does not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 57th month. Although CEMS data must continue
to be collected, it does not need to be submitted to EPA starting 57
months after May 12, 2016.
    (3) No later than 48 months after May 12, 2016 the owner or
operator must submit to EPA a report, including any final report(s)
completed by the selected NOX reduction technology supplier
and furnace retrofit engineer, containing a detailed engineering
analysis and modeling of the NOX reduction control
technology being installed on Hibbing Line 3. The NOX
reduction control technology must be designed to meet an emission limit
of 1.2 lbs NOX/MMBTU. This report must include a list of all
process and control technology variables that can reasonably be
expected to have an impact on NOX emissions control
technology performance, as well as a description of how these variables
can be adjusted to reduce NOX emissions to meet the
NOX design emission limit.
    (4) The NOX reduction control technology shall be
installed on Hibbing Line 3 furnace no later than 50 months after May
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 50 months from
May 12, 2016, the owner or operator must provide to EPA the results
from pellet quality analyses. The owner or operator shall provide the
results from pellet quality analyses no later than 30 days from the end
of each calendar quarter up until 57 months after May 12, 2016. Any
remaining results through the end of the 57th month from May 12, 2016,
that do not fall within a calendar quarter, must be submitted to EPA no
later than 30 days from the end of the 57th month. The pellet quality
analyses shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and swelling. For each of the pellet quality analysis
factors, the owner or operator must explain the pellet quality analysis
factor, as well as the defined acceptable range for each factor using
the applicable product quality standards based upon customers' pellet
specifications that are contained in Hibbing's ISO 9001 quality
management system. The owner or operator shall provide pellet quality
analysis testing results that state the date and time of the analysis
and, in order to define the time period when pellets were produced
outside of the defined acceptable range for the pellet quality factors
listed, provide copies of the production logs that document the
starting and ending times for such periods. The owner or operator shall
provide an explanation of causes for pellet samples that fail to meet
the acceptable range for any pellet quality analysis factor. Pellet
quality information and data may be submitted to EPA as Confidential
Business Information.
    (6) No later than 57 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for Hibbing Line 3 furnace within the upper and
lower bounds described below. EPA will review the report and either
confirm or modify the NOX limits. If the CEMS data collected
during operating periods between months 50 and 57 that both meet pellet
quality specifications and proper furnace/burner operation is normally
distributed, the limit adjustment determination shall be based on the
appropriate (depending upon whether data are statistically independent
or dependent) 95% upper predictive limit (UPL) equations in paragraph
(f) of this section. If the CEMS data collected during operating
periods between months 50 and 57 that both meet pellet quality
specifications and proper furnace/burner operation are not normally
distributed, the limit adjustment determination shall be based on the
non-parametric equation provided in paragraph (f) of this section. The
data set for the determination shall exclude periods when pellet
quality did not fall within the defined acceptable ranges of the pellet
quality factors identified pursuant to paragraph (b)(1)(ii)(E) of this
section and for any subsequent period when production has been reduced
in response to pellet quality concerns consistent with Hibbing's ISO
9001 operating standards. Any excluded period will commence at the time
documented on the production log demonstrating that pellet quality did
not fall within the defined acceptable range and shall end when pellet
quality

within the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with the reported design parameters of the NOX reduction
control technology installed.
    (7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 60 months after May 12, 2016. The confirmed or
modified NOX limit for Hibbing Line 3 when burning only
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
* * * * *
    (iv) United Taconite--(A) United Taconite Line 1. (1) An emission
limit of 2.8 lbs NOX/MMBTU, based on a 720-hour rolling
average, shall apply to United Taconite Grate Kiln Line 1 when burning
natural gas, and an emission limit of 1.5 lbs NOX/MMBTU,
based on a 720-hour rolling average, shall apply to United Taconite
Grate Kiln Line 1 when burning coal or a mixture of coal and natural
gas. These emission limits will become enforceable 37 months after May
12, 2016 and only after EPA's confirmation or modification of the
emission limit in accordance with the procedures set forth in
paragraphs (b)(1)(iv)(A)(2) through (8) of this section.
    (2) Compliance with these emission limits shall be demonstrated
with data collected by a continuous emissions monitoring system (CEMS)
for NOX. The owner or operator must start collecting CEMS
data for NOX on May 12, 2016 and submit the data to EPA no
later than 30 days from the end of each calendar quarter. Any remaining
data through the end of the 34th month from May 12, 2016, that does not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 34th month. Although CEMS data must
continue to be collected, it does not need to be submitted to EPA
starting 34 months after May 12, 2016.
    (3) No later than 24 months from May 12, 2016, the owner or
operator must submit to EPA a report, including any final report(s)
completed by the selected NOX reduction technology supplier
and furnace retrofit engineer, containing a detailed engineering
analysis and modeling of the NOX reduction control
technology being installed on United Taconite Grate Kiln Line 1. This
report must include a list of all variables that can reasonably be
expected to have an impact on NOX emission control
technology performance, as well as a description of how these variables
can be adjusted to reduce NOX emissions to meet the
NOX design emission limit. This NOX reduction
control technology must be designed to meet emission limits of 2.8 lbs
NOX/MMBTU when burning natural gas and 1.5 lbs
NOX/MMBTU when burning coal or a mixture of coal and natural
gas.
    (4) The NOX reduction control technology shall be
installed on United Taconite Grate Kiln Line 1 furnace no later than 26
months from May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology or 26 months from
May 12, 2016, the owner or operator must provide to EPA the results
from pellet quality analyses. The owner or operator shall provide the
results from pellet quality analyses no later than 30 days from the end
of each calendar quarter up until 34 months after May 12, 2016. Any
remaining results through the end of the 34th month, that do not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 34th month. The pellet quality analyses shall
include results for the following factors: Compression, reducibility,
before tumble, after tumble, and low temperature disintegration. For
each of the pellet quality analysis factors, the owner or operator must
explain the pellet quality analysis factor, as well as the defined
acceptable range for each factor using the applicable product quality
standards based upon customers' pellet specifications that are
contained in United Taconite's ISO 9001 quality management system. The
owner or operator shall provide pellet quality analysis testing results
that state the date and time of the analysis and, in order to define
the time period when pellets were produced outside of the defined
acceptable range for the pellet quality factors listed, provide copies
of the production logs that document the starting and ending times for
such periods. The owner or operator shall provide an explanation of
causes for pellet samples that fail to meet the acceptable range for
any pellet quality analysis factor. Pellet quality information and data
may be submitted to EPA as Confidential Business Information.
    (6) No later than 34 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for United Taconite Grate Kiln Line 1 within the
upper and lower bounds described below. EPA will review the report and
either confirm or modify the NOX limits. If the CEMS data
collected during operating periods between months 26 and 34 that both
meet pellet quality specifications and proper furnace/burner operation
is normally distributed, the limit adjustment determination shall be
based on the appropriate (depending upon whether data are statistically
independent or dependent) 95% upper predictive limit (UPL) equations in
paragraph (f) of this section. If the CEMS data collected during
operating periods between months 26 and 34 that both meet pellet
quality specifications and proper furnace/burner operation are not
normally distributed, the limit adjustment determination shall be based
on the non-parametric equation provided in paragraph (f) of this
section. The data set for the determination shall exclude periods when
pellet quality did not fall within the defined acceptable ranges of the
pellet quality factors identified pursuant to paragraph
(b)(1)(iv)(A)(5) of this section and for any subsequent period when
production had been reduced in response to pellet quality concerns
consistent with United Taconite's ISO 9001 operating standards. Any
excluded period will commence at the time documented on the production
log demonstrating pellet quality did not fall within the defined
acceptable range, and shall end when pellet quality within the defined
acceptable range has been re-established at planned production levels,
which will be presumed to be the level that existed immediately prior
to the reduction in production due to pellet quality concerns. EPA may
also exclude data where operations are inconsistent with the reported
design parameters of the NOX reduction control technology
that were installed.
    (7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limits in the
Federal Register no later than 37 months after May 12, 2016. The
confirmed or modified NOX limit for United Taconite Grate
Kiln Line 1 when burning only natural gas may be no lower than 2.8 lbs
NOX/MMBTU, based on a 720-hour rolling average, and may not
exceed 3.0 lbs NOX/MMBTU, based on a 720-hour rolling
average. The confirmed or modified NOX limit for United
Taconite Grate Kiln Line 1 when burning coal or a mixture of coal and
natural gas may be no lower than 1.5 lbs NOX/MMBTU, based on
a 720-hour rolling average, and may not exceed 2.5

lbs NOX/MMBTU, based on a 720-hour rolling average.
    (8) If the owner or operator submits a report proposing a single
NOX limit for all fuels, EPA may approve the proposed
NOX limit for all fuels based on a 30-day rolling average.
The confirmed or modified limit will be established and enforceable
within 37 months from May 12, 2016.
    (B) United Taconite Line 2. (1) An emission limit of 2.8 lbs
NOX/MMBTU, based on a 720-hour rolling average, shall apply
to United Taconite Grate Kiln Line 2 when burning natural gas, and an
emission limit of 1.5 lbs NOX/MMBTU, based on a 720-hour
rolling average, shall apply to United Taconite Grate Kiln Line 2 when
burning coal or a mixture of coal and natural gas. These emission
limits will become enforceable 55 months after May 12, 2016 and only
after EPA's confirmation or modification of the emission limit in
accordance with the procedures set forth in paragraphs (b)(1)(iv)(B)(2)
through (8) of this section.
    (2) Compliance with these emission limits shall be demonstrated
with data collected by a continuous emissions monitoring system (CEMS)
for NOX. The owner or operator must start collecting CEMS
data for NOX on May 12, 2016 and submit the data to EPA no
later than 30 days from the end of each calendar quarter. Any remaining
data through the end of the 52nd month from May 12, 2016, that does not
fall within a calendar quarter, must be submitted to EPA no later than
30 days from the end of the 52nd month. Although CEMS data must
continue to be collected, it does not need to be submitted to EPA
starting 52 months after May 12, 2016.
    (3) No later than 42 months from May 12, 2016, the owner or
operator must submit to EPA a report, including any final report(s)
completed by the selected NOX reduction technology supplier
and furnace retrofit engineer, containing a detailed engineering
analysis and modeling of the NOX reduction control
technology being installed on United Taconite Grate Kiln Line 2. This
report must include a list of all variables that can reasonably be
expected to have an impact on NOX emission control
technology performance, as well as a description of how these variables
can be adjusted to reduce NOX emissions to meet the
NOX design emission limit. This NOX reduction
control technology must be designed to meet emission limits of 2.8 lbs
NOX/MMBTU when burning natural gas and 1.5 lbs
NOX/MMBTU when burning coal or a mixture of coal and natural
gas.
    (4) The NOX reduction control technology shall be
installed on United Taconite Grate Kiln Line 2 furnace no later than 44
months from May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology or 44 months from
May 12, 2016, the owner or operator must provide to EPA the results
from pellet quality analyses. The owner or operator shall provide the
results from pellet quality analyses no later than 30 days from the end
of each calendar quarter up until 52 months after May 12, 2016. Any
remaining results through the end of the 52nd month, that do not fall
within a calendar quarter, must be submitted to EPA no later than 30
days from the end of the 52nd month. The pellet quality analyses shall
include results for the following factors: Compression, reducibility,
before tumble, after tumble, and low temperature disintegration. For
each of the pellet quality analysis factors, the owner or operator must
explain the pellet quality analysis factor, as well as the defined
acceptable range for each factor using the applicable product quality
standards based upon customers' pellet specifications that are
contained in United Taconite's ISO 9001 quality management system. The
owner or operator shall provide pellet quality analysis testing results
that state the date and time of the analysis and, in order to define
the time period when pellets were produced outside of the defined
acceptable range for the pellet quality factors listed, provide copies
of the production logs that document the starting and ending times for
such periods. The owner or operator shall provide an explanation of
causes for pellet samples that fail to meet the acceptable range for
any pellet quality analysis factor. Pellet quality information and data
may be submitted to EPA as Confidential Business Information.
    (6) No later than 52 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for United Taconite Grate Kiln Line 2 within the
upper and lower bounds described below. EPA will review the report and
either confirm or modify the NOX limits. If the CEMS data
collected during operating periods between months 44 and 52 that both
meet pellet quality specifications and proper furnace/burner operation
is normally distributed, the limit adjustment determination shall be
based on the appropriate (depending upon whether data are statistically
independent or dependent) 95% upper predictive limit (UPL) equations in
paragraph (f) of this section. If the CEMS data collected during
operating periods between months 44 and 52 that both meet pellet
quality specifications and proper furnace/burner operation are not
normally distributed, the limit adjustment determination shall be based
on the non-parametric equation provided in paragraph (f) of this
section. The data set for the determination shall exclude periods when
pellet quality did not fall within the defined acceptable ranges of the
pellet quality factors identified pursuant to paragraph
(b)(1)(iv)(B)(5) of this section and for any subsequent period when
production had been reduced in response to pellet quality concerns
consistent with United Taconite's ISO 9001 operating standards. Any
excluded period will commence at the time documented on the production
log demonstrating pellet quality did not fall within the defined
acceptable range, and shall end when pellet quality within the defined
acceptable range has been re-established at planned production levels,
which will be presumed to be the level that existed immediately prior
to the reduction in production due to pellet quality concerns. EPA may
also exclude data where operations are inconsistent with the reported
design parameters of the NOX reduction control technology
that were installed.
    (7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limits in the
Federal Register no later than 55 months after May 12, 2016. The
confirmed or modified NOX limit for United Taconite Grate
Kiln Line 2 when burning only natural gas may be no lower than 2.8 lbs
NOX/MMBTU, based on a 720-hour rolling average, and may not
exceed 3.0 lbs NOX/MMBTU, based on a 720-hour rolling
average. The confirmed or modified NOX limit for United
Taconite Grate Kiln Line 2 when burning coal or a mixture of coal and
natural gas may be no lower than 1.5 lbs NOX/MMBTU, based on
a 720-hour rolling average, and may not exceed 2.5 lbs NOX/
MMBTU, based on a 720-hour rolling average.
    (8) If the owner or operator submits a report proposing a single
NOX limit for all fuels, EPA may approve the proposed
NOX limit for all fuels based on a 30-day rolling average.
The confirmed or modified limit will be established and enforceable
within 55 months from May 12, 2016.
    (v) ArcelorMittal USA--(A) ArcelorMittal Minorca Mine. (1) An
emission limit of 1.2 lbs NOX/MMBTU, based on a 30-day
rolling average, shall apply to the ArcelorMittal Minorca Mine
indurating furnace when burning natural gas. This emission limit will
become enforceable 55 months after

May 12, 2016 and only after EPA's confirmation or modification of the
emission limit in accordance with the procedures set forth in
paragraphs (b)(1)(v)(A)(2) through (7) of this section.
    (2) Compliance with this emission limit will be demonstrated with
data collected by a continuous emissions monitoring system (CEMS) for
NOX. The owner or operator of the ArcelorMittal Minorca Mine
indurating furnace must install a CEMS for NOX and
SO2 within six months from May 12, 2016. The owner or
operator must start collecting CEMS data and submit the data to EPA no
later than 30 days from the end of each calendar quarter after that
installation deadline. Any remaining data through the end of the 52nd
month from May 12, 2016, that does not fall within a calendar quarter,
must be submitted to EPA no later than 30 days from the end of the 52nd
month. Although CEMS data must continue to be collected, it does not
need to be submitted to EPA starting 52 months after May 12, 2016.
    (3) No later than 42 months after May 12, 2016 the owner or
operator must submit to EPA a report, including any final report(s)
completed by the selected NOX reduction technology supplier
and furnace retrofit engineer, containing a detailed engineering
analysis and modeling of the NOX reduction control
technology being installed on the ArcelorMittal Minorca Mine indurating
furnace. The NOX reduction control technology must be
designed to meet an emission limit of 1.2 lbs NOX/MMBTU.
This report must include a list of all process and control technology
variables that can reasonably be expected to have an impact on
NOX emissions control technology performance, as well as a
description of how these variables can be adjusted to reduce
NOX emissions to meet the NOX design emission
limit.
    (4) The NOX reduction control technology shall be
installed on the ArcelorMittal Minorca Mine indurating furnace no later
than 44 months after May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation
of the NOX reduction control technology; or 44 months from
May 12, 2016, the owner or operator must provide to EPA the results
from pellet quality analyses. The owner or operator shall provide the
results from pellet quality analyses no later than 30 days from the end
of each calendar quarter up until 52 months after May 12, 2016. Any
remaining results through the end of the 52nd month from May 12, 2016,
that do not fall within a calendar quarter, must be submitted to EPA no
later than 30 days from the end of the 52nd month. The pellet quality
analyses shall include results for the following factors: Compression,
reducibility, before tumble, after tumble, low temperature
disintegration, and contraction. For each of the pellet quality
analysis factors, the owner or operator must explain the pellet quality
analysis factor, as well as the defined acceptable range for each
factor using the applicable product quality standards based upon
customers' pellet specifications that are contained in the
ArcelorMittal Minorca Mine's Standard Product Parameters. The owner or
operator shall provide pellet quality analysis testing results that
state the date and time of the analysis and, in order to define the
time period when pellets were produced outside of the defined
acceptable range for the pellet quality factors listed, provide copies
of production or scale data that document the starting and ending times
for such periods. The owner or operator shall provide an explanation of
causes for pellet samples that fail to meet the acceptable range for
any pellet quality analysis factor. Pellet quality information and data
may be submitted to EPA as Confidential Business Information.
    (6) No later than 52 months after May 12, 2016, the owner or
operator may submit to EPA a report to either confirm or modify the
NOX limits for the ArcelorMittal Minorca Mine indurating
furnace within the upper and lower bounds described below. EPA will
review the report and either confirm or modify the NOX
limits. If the CEMS data collected during operating periods between
months 44 and 52 that both meet pellet quality specifications and
proper furnace/burner operation is normally distributed, the limit
adjustment determination shall be based on the appropriate (depending
upon whether data are statistically independent or dependent) 95% upper
predictive limit (UPL) equations in paragraph (f) of this section. If
the CEMS data collected during operating periods between months 44 and
52 that both meet pellet quality specifications and proper furnace/
burner operation are not normally distributed, the limit adjustment
determination shall be based on the non-parametric equation provided in
paragraph (f) of this section. The data set for the determination shall
exclude periods when pellet quality did not fall within the defined
acceptable ranges of the pellet quality factors identified pursuant to
paragraph (b)(1)(v)(A)(5) of this section and for any subsequent period
when production has been reduced in response to pellet quality concerns
consistent with the ArcelorMittal Minorca Mine's Standard Product
Parameters. Any excluded period will commence at the time documented in
related quality reports demonstrating that pellet quality did not fall
within the defined acceptable range and shall end when pellet quality
within the defined acceptable range has been re-established at planned
production levels, which will be presumed to be the level that existed
immediately prior to the reduction in production due to pellet quality
concerns. EPA may also exclude data where operations are inconsistent
with the reported design parameters of the NOX reduction
control technology installed.
    (7) EPA will take final agency action by publishing its final
confirmation or modification of the NOX limit in the Federal
Register no later than 55 months after May 12, 2016. The confirmed or
modified NOX limit for the ArcelorMittal Minorca Mine
indurating furnace when burning only natural gas may be no lower than
1.2 lbs NOX/MMBTU, based on a 30-day rolling average, and
may not exceed 1.8 lbs NOX/MMBTU, based on a 30-day rolling
average.
    (B) [Reserved]
* * * * *
    (2) * * *
    (iv) United Taconite: An aggregate emission limit of 529.0 lbs
SO2/hr, based on a 30-day rolling average, shall apply to
the Line 1 pellet furnace (EU040) and Line 2 pellet furnace (EU042)
beginning six months after May 12, 2016. Compliance with this aggregate
emission limit shall be demonstrated with data collected by a
continuous emissions monitoring system (CEMS) for SO2. The
owner or operator must start collecting CEMS data for SO2
beginning six months after May 12, 2016 and submit the data to EPA no
later than 30 days from the end of each calendar quarter. Beginning six
months after May 12, 2016, any coal burned on UTAC Grate Kiln Line 1 or
Line 2 shall have no more than 1.5 percent sulfur by weight based on a
monthly block average. The sampling and calculation methodology for
determining the sulfur content of coal must be described in the
monitoring plan required for this furnace.
* * * * *
    (c) Testing and monitoring. (1) The owner or operator of the
respective facility shall install, certify, calibrate, maintain and
operate continuous emissions monitoring systems (CEMS) for
NOX on United States Steel

Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020,
EU021, and EU022; United States Steel Corporation, Minntac units EU225,
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042;
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company-
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
Compliance with the emission limits for NOX shall be
determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate,
maintain, and operate CEMS for SO2 on United States Steel
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020,
EU021, and EU022; United States Steel Corporation, Minntac units EU225,
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042;
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company-
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
    (3) The owner or operator shall install, certify, calibrate,
maintain, and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s)
on the BART affected units to allow conversion of the NOX
and SO2 concentrations to units of the standard (lbs/MMBTU
and lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner
or operator to demonstrate compliance with applicable emission limits
in units of the standards.
    (4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (c)(4)(i) through (xiv) of
this section.
    (i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR part 60, appendix B, Performance
Specification 2 (PS-2) and appendix F, Procedure 1.
    (ii) CEMS must be installed and operational as follows:
    (A) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate
monitors) at the following facilities: U.S. Steel Keetac, U.S. Steel
Minntac, and Northshore Mining Company-Silver Bay, must be installed
and operational no later than the unit specific compliance dates for
the emission limits identified at paragraphs (b)(1)(i), (iii) and (vi)
of this section, respectively.
    (B) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate
monitors) at the following facilities: Hibbing Taconite Company, United
Taconite, and ArcelorMittal Minorca Mine, must be installed and
operational no later than the unit specific installation dates for the
installation and operation of CEMS identified at paragraphs (b)(1)(ii),
(iv) and (v) of this section, respectively.
    (C) All CEMS associated with monitoring SO2 at the
following facilities: U.S. Steel Keetac, U.S. Steel Minntac, and
Northshore Mining Company-Silver Bay, must be installed and operational
no later than six months after May 12, 2016.
    (D) All CEMS associated with monitoring SO2 at the
following facilities: Hibbing Taconite Company, United Taconite, and
ArcelorMittal Minorca Mine, must be installed and operational no later
than six months after May 12, 2016.
    (E) The operational status of the CEMS identified in paragraphs
(c)(1) and (2) of this section shall be verified by, as a minimum,
completion of the manufacturer's written requirements or
recommendations for installation, operation, and calibration of the
devices.
    (iii) The owner or operator must conduct a performance evaluation
of each CEMS in accordance with 40 CFR part 60, appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
    (iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR part 60, appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
    (v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
    (vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily
(every 24 hours) in accordance with 40 CFR part 60, appendix F,
Procedure 1, Section 4.
    (vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be
in continuous operation during all periods of BART affected process
unit operation, including periods of process unit startup, shutdown,
and malfunction.
    (viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (c)(4)(viii)(A) through (C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant
of an hour.
    (B) Sample, analyze, and record emissions data for all periods of
process operation except as described in paragraph (c)(4)(viii)(C) of
this section.
    (C) When emission data from CEMS are not available due to
continuous monitoring system breakdowns, repairs, calibration checks,
or zero and span adjustments, emission data must be obtained using
other monitoring systems or emission estimation methods approved by the
EPA. The other monitoring systems or emission estimation methods to be
used must be incorporated into the monitoring plan required by this
section and provide information such that emissions data are available
for a minimum of 18 hours in each 24-hour period and at least 22 out of
30 successive unit operating days.
    (ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all valid data obtained within the hour but no less than one data
point in each 15-minute quadrant of an hour. Notwithstanding this
requirement, an hourly average may be computed from at least two data
points separated by a minimum of 15 minutes (where the unit operates
for more than one quadrant in an hour) if data are unavailable as a
result of performance of calibration, quality assurance, preventive
maintenance activities, or backups of data from data acquisition and
handling systems and recertification events.
    (x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBTU or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (c)(4)(x)(A) through (F) of this section.
    (A) Sum the total pounds of the pollutant in question emitted from
the unit during an operating day and the previous 29 operating days.
    (B) Sum the total heat input to the unit (in MMBTU) or the total
actual hours of operation (in hours) during an operating day and the
previous 29 operating days.
    (C) Divide the total number of pounds of the pollutant in question
emitted during the 30 operating days by the total heat input (or actual
hours of operation depending on the emission limit selected) during the
30 operating days.

    (D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e. if the furnace is firing fuel for only
five hours during a 24-hour period, then the actual operating hours for
that day are five. Similarly, total number of pounds of the pollutant
in question for that day is determined only from the CEMS data for the
five hours during which fuel is combusted.)
    (E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring plan required by
this section. The alternative method will only be applicable if the
final monitoring plan and the alternative method are approved by EPA.
    (F) A new 30-day rolling average emission rate must be calculated
for each new operating day.
    (xi) The 720-hour rolling average emission rate determined from
data derived from the CEMS required by this section (in lbs/MMBTU) must
be calculated in accordance with (c)(4)(xi)(A) through (C).
    (A) Sum the total pounds of NOX emitted from the unit
every hour and the previous (not necessarily consecutive) 719 hours for
which that type of fuel (either natural gas or mixed coal and natural
gas) was used.
    (B) Sum the total heat input to the unit (in MMBTU) every hour and
the previous (not necessarily consecutive) 719 hours for which that
type of fuel (either natural gas or mixed coal and natural gas) was
used.
    (C) Divide the total number of pounds of NOX emitted
during the 720 hours, as defined above, by the total heat input during
the same 720 hour period. This calculation must be done separately for
each fuel type (either for natural gas or mixed coal and natural gas).
    (xii) Data substitution must not be used for purposes of
determining compliance under this section.
    (xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
    (xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR part
60, appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
    (d) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
    (ii) Records required by this section must be kept for a minimum of
five years following the date of creation.
    (iii) Records must be kept on site for at least two years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining three years.
    (2) The owner or operator of the BART affected units must maintain
the records at paragraphs (d)(2)(i) through (xi) of this section.
    (i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance
status submitted according to the requirements of this section.
    (ii) Records of the occurrence and duration of startup, shutdown,
and malfunction of the BART affected units, air pollution control
equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown,
and malfunction of the BART affected unit, air pollution control
equipment, and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major
maintenance conducted on the BART affected units, air pollution control
equipment, and CEMS required by this section.
    (v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
    (vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR part 60, appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
    (viii) Records of the NOX emissions during all periods
of BART affected unit operation, including startup, shutdown, and
malfunction in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-
factors used for purposes of this section shall be documented in the
monitoring plan and developed in accordance with 40 CFR part 60,
appendix A, Method 19. The owner or operator may use an alternate
method to calculate the NOX emissions upon written approval
from EPA.
    (ix) Records of the SO2 emissions in lbs/MMBTUs or lbs/
hr(based on CEMS data), depending on the emission standard selected,
during all periods of operation, including periods of startup,
shutdown, and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of
each CEMS conducted in accordance with 40 CFR part 60, appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required at
paragraph (b)(2)(vii) of this section.
    (e) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard,
Chicago, Illinois 60604.
    (2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (e)(2)(i) through (viii) of this section. If
acceptable to both the Regional Administrator and the owner or operator
of each BART affected unit identified in this section and CEMS required
by this section the owner or operator may provide electronic
notifications, reports, and plans.
    (i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked
no later than 30 days after the commencement date.
    (ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
    (iii) A notification of the date the construction of control
devices and installation of burners required by this

section is complete postmarked no later than 30 days after the
completion date.
    (iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
    (v) A notification of the date control devices and burners
installed by this section startup postmarked no later than 30 days
after the startup date.
    (vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
    (vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be
submitted at least 60 days before the performance evaluation is
scheduled to begin.
    (viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (e)(2)(viii)(A) through (F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
    (E) A description of the air pollution control equipment and
burners installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared
to correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (c)(4)(v) of this section.
    (5) Compliance reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(e)(5)(i) through (iv) of this section, unless the Administrator has
approved a different schedule.
    (i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
    (ii) The first compliance report must be postmarked no later than
30 calendar days after the reporting period covered by that report
(July 30 or January 30), whichever comes first.
    (iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
    (iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
    (6) Compliance report contents. Each compliance report must include
the information in paragraphs (e)(6)(i) through (vi) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
    (iii) Date of report and beginning and ending dates of the
reporting period.
    (iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
    (v) A record of each period of startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
    (vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe
in detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
    (7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports for each pollutant monitored for each BART affected unit
monitored. All reports must be postmarked by the 30th day following the
end of each three-month period of a calendar year (January-March,
April-June, July-September, October-December) and must include, at a
minimum, the requirements at paragraphs (e)(7)(i) through (xv) of this
section.
    (i) Company name and address.
    (ii) Identification and description of the process unit being
monitored.
    (iii) The dates covered by the reporting period.
    (iv) Total source operating hours for the reporting period.
    (v) Monitor manufacturer, monitor model number, and monitor serial
number.
    (vi) Pollutant monitored.
    (vii) Emission limitation for the monitored pollutant.
    (viii) Date of latest CEMS certification or audit.
    (ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.

    (x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (e)(7)(x)(A) through (B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess
emissions (for all causes) for the reporting period calculated as
described at paragraph (e)(7)(x)(C) of this section.
    (A) For purposes of this section, an excess emission is defined as
any 30-day or 720-hour rolling average period, including periods of
startup, shutdown, and malfunction, during which the 30-day or 720-hour
(as appropriate) rolling average emissions of either regulated
pollutant (SO2 and NOX), as measured by a CEMS,
exceeds the applicable emission standards in this section.
    (B)(1) For purposes of this rule, if a facility calculates a 30-day
rolling average emission rate in accordance with this rule which
exceeds the applicable emission standards of this rule, then it will be
considered 30 days of excess emissions. If the following 30-day rolling
average emission rate is calculated and found to exceed the applicable
emission standards of this rule as well, then it will add one more day
to the total days of excess emissions (i.e. 31 days). Similarly, if an
excess emission is calculated for a 30-day rolling average period and
no additional excess emissions are calculated until 15 days after the
first, then that new excess emission will add 15 days to the total days
of excess emissions (i.e. 30 + 15 = 45). For purposes of this section,
if an excess emission is calculated for any period of time within a
reporting period, there will be no fewer than 30 days of excess
emissions but there should be no more than 121 days of excess emissions
for a reporting period.
    (2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this rule which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the 24th following 720-
hour rolling average emission rate is calculated and found to exceed
the applicable emission standards of the rule as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 720-hour rolling
average period and no additional excess emissions are calculated until
360 hours after the first, then that new excess emission will add 15
days to the total days of excess emissions (i.e. 30+15 = 45). For
purposes of this section, if an excess emission is calculated for any
period of time with a reporting period, there will be no fewer than 30
days of excess emissions but there should be no more than 121 days of
excess emissions for a reporting period.
    (C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems
where excess emissions occur for nearly every day during a reporting
period.
    (xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described at paragraph (e)(7)(xi)(B) of this
section.
    (A) For purposes of this section, monitor downtime is defined as
any period of time (in hours) during which the required monitoring
system was not measuring emissions from the BART affected unit. This
includes any period of CEMS QA/QC, daily zero and span checks, and
similar activities.
    (B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess
emissions for the reporting period.
    (xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xii)(A) through (F) of this section.
    (A) The date of each excess emission.
    (B) The beginning and end time of each excess emission.
    (C) The pollutant for which an excess emission occurred.
    (D) The magnitude of the excess emission.
    (E) The cause of the excess emission.
    (F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
    (xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xiii)(A) through (D) of this section.
    (A) The date of each period of monitor downtime.
    (B) The beginning and end time of each period of monitor downtime.
    (C) The cause of the period of monitor downtime.
    (D) The corrective action taken or preventative measures adopted
for system repairs or adjustments to minimize or eliminate monitor
downtime and prevent such downtime from occurring again.
    (xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
    (xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
    (8) The owner or operator of each CEMS required by this section
must develop and submit for review and approval by the Regional
Administrator a site specific monitoring plan. The purpose of this
monitoring plan is to establish procedures and practices which will be
implemented by the owner or operator in its effort to comply with the
monitoring, recordkeeping, and reporting requirements of this section.
The monitoring plan must include, at a minimum, the information at
paragraphs (e)(8)(i) through (x) of this section.
    (i) Site specific information including the company name, address,
and contact information.
    (ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
    (iii) Information on any emission factors used in conjunction with
the

CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
    (iv) A description of methods to be used to calculate emission
rates when CEMS data are not available due to downtime associated with
QA/QC events.
    (v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR part 60, appendix F,
Procedure 1, Section 3.
    (vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
    (vii) A description of the procedures to be used to calculate 30-
day rolling averages and 720-hour rolling averages and example
calculations which show the algorithms used by the CEMS to calculate
30-day rolling averages and 720-hour rolling averages.
    (viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
    (ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and
the proposed corrective actions to address potential root causes of
excess emissions and monitor downtime.
    (x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.
    (f) Equations for establishing the upper predictive limit--(1)
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.002

Where:

x = average or mean of hourly test run data;
t[(n-1),(0.95)] = t score, the one-tailed t
value of the Student's t distribution for a specific degree of
freedom (n-1) and a confidence level (0.95; 0.99 for Tilden
SO2)
s\2\ = variance of the hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs
NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as
per averaging time)

    (i) To determine if statistically independent, use the Rank von
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods
for Practitioners EPA QA/G-9S.
    (ii) Alternative to Rank von Neumann test to determine if data are
dependent, data are dependent if t test value is greater than t
critical value, where:
[GRAPHIC] [TIFF OMITTED] TR12AP16.003

[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the
two-tailed t value of the Student's t distribution for a specific
degree of freedom (n-2) and a confidence level (0.95)

    (iii) The Anderson-Darling normality test is used to establish
whether the data are normally distributed. That is, a distribution is
considered to be normally distributed when p > 0.05.
    (2) Non-parametric equation for data not normally distributed and
normally distributed but not statistically independent.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data are sorted
smallest to largest. The data points are 720-hour averages for
establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight
months of valid NOX lbs/MMBTU values)
[alpha] = 0.95, to reflect the 95th percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm

Where:

Xm = value of the mth data point in terms of lbs SO2/hr
or lbs NOX/MMBTU, when the data are sorted smallest to
largest.

    If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.

UPL = xm = xmi[middot]md = xmi + 0.md (xmi+1 - xmi)

Where:

mi = the integer portion of m, i.e., m truncated at zero decimal
places, and
md = the decimal portion of m

[FR Doc. 2016-07818 Filed 4-11-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Notices]
[Page 33744-33745]
[DOCID:fr12jn06-79]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Non-Project Use of Project Lands and
Waters and Soliciting Comments, Motions To Intervene, and Protests

June 6, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2210-136.
    c. Date filed: May 23, 2006.
    d. Applicant: Appalachian Power Company.
    e. Name of Project: Smith Mountain Pumped Storage Project.
    f. Location: The project is located on the Roanoke River, in
Bedford, Pittsylvania, Franklin, and Roanoke Counties, Virginia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r)
and 799 and 801.
    h. Applicant Contact: Teresa P. Rogers, Hydro Generation
Department, Appalachian Power, P.O. Box 2021, Roanoke, VA 24022-2121,
(540) 985-2441.
    i. FERC Contact: Rebecca Martin at<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: July 7, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington DC 20426.

Please include the project number (P-2210-136) on any comments or
motions filed. Comments, protests, and interventions may be filed
electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's web site
under the ``e-Filing'' link. The Commission strongly encourages e-
filings.
    k. Description of Application: The licensee requests a variance for
the construction of two single family docks in the Waterfront
subdivision located in Franklin County, Virginia. The proposed
structures would be located adjacent to shoreline classified as
Conservation/Environmental according to the Shoreline Management Plan
for the Project. In addition, the two docks would exceed the one-third
cove limitation rule and setbacks. The docks would include a maximum 6-
foot walkway to a 20 foot by 4 foot stationary deck that adjoins a 24
foot by 12 foot open sided boat slip and an 8 foot by 24 foot floater.
A 32 foot by 14 foot roof, 15 foot high roof would cover a portion of
the stationary structure, the boat slip in its entirety, and a portion
of the floating structure.
    l. Location of Application: The filing is available for review at
the Commission in the Public Reference Room, located at 888 First
Street, NE., Room 2A, Washington, DC 20426, or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``e-Library''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, please
contact FERC Online support at<EMAIL_ADDRESS>or toll free
(866) 208-3676 or TTY, contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. 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.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9099 Filed 6-9-06; 8:45 am]

BILLING CODE 6717-01-P