[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59526-59527]
[FR Doc No: 2020-20813]

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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-02-2019-2008; FRL-10014-05-Region 2]

Proposed Administrative Settlement Agreement and Order on Consent
for Removal Action for the Pure Earth Recycling Superfund Site, City of
Vineland, Cumberland County, New Jersey

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''),
notice is hereby given that the U.S. Environmental Protection Agency
(``EPA''), Region 2, has entered into a proposed settlement, embodied
in an Administrative Settlement Agreement and Order on Consent for
Removal Action (``Settlement Agreement''), with Consolidated Edison
Company of New York, Inc.; Exxon Mobil Corporation and ExxonMobil Oil
Corp.; Hess Corporation; International-Matex Tank Terminals LLC;
Infineum USA L.P.; Lorco Petroleum Services; National Grid USA; Patrick
J. Kelly Drums, Inc.; Philadelphia Gas Works, by the Philadelphia
Facilities Management Corporation; Public Service Electric and Gas
Company (``PSE&G'') (and its affiliate, PSEG Fossil, LLC); Sasol North
America Inc. and Sasol Chemicals (USA) LLC; and Superfund Management
Operations, a series of Evergreen Resources Group, LLC on behalf of
itself and ETC Sunoco Holdings LLC f/k/a Sunoco, Inc. (collectively
``Respondents'').

DATES: Comments must be submitted on or before October 22, 2020.

ADDRESSES: Comments can be sent via email to Clay Monroe at
<EMAIL_ADDRESS>Comments should reference the Pure Earth Recycling
Superfund Site, City of Vineland, New Jersey, Administrative Settlement
Agreement and Order on Consent for Removal Action, Index No. CERCLA-02-
2019-2008.
    The proposed Settlement Agreement is available for public
inspection at this weblink: https://semspub.epa.gov/src/document/02/
615528.

FOR FURTHER INFORMATION CONTACT: Clay Monroe, Attorney, Office of
Regional Counsel, New Jersey Superfund Branch, U.S. Environmental
Protection Agency. Email<EMAIL_ADDRESS>Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Settlement Agreement, the
Respondents agree to carry out a removal action to remove sludge from
an above-ground storage tank at the Pure Earth Recycling Superfund Site
(``Site''). In addition, the Respondents agree to pay a portion of

the past costs incurred by EPA at the Site (``Past Response Costs'')
and certain future response costs to be incurred by EPA during the
removal action (``Future Response Costs'').
    Notice of this proposed administrative settlement is made in
accordance with section 122(i) of CERCLA. The Settlement Agreement
concerns a removal action to be performed at the Site by the
Respondents. The performance of this work by the Respondents will be
approved and monitored by EPA. Under the Settlement Agreement EPA will
also receive from the Respondents a payment of $750,000.00 in partial
reimbursement for Past Response Costs incurred by EPA with respect to
the Site. This represents a compromise payment for Past Response Costs.
The Settlement Agreement provides, in exchange for the work and above
payment, a covenant not to sue by EPA or to take administrative action
against the Respondents pursuant to Sections 106 and 107(a) of CERCLA,
42 U.S.C. 9606 and 9607(a), with regard to Work, Past Response Costs,
or Future Response Costs.
    For thirty (30) days following the date of publication of this
notice, EPA will receive written comments relating to the Settlement
Agreement. EPA will consider all comments received and may modify or
withdraw its consent to the settlement if comments received disclose
facts or considerations that indicate that the proposed settlement is
inappropriate, improper, or inadequate. EPA's response to any comments
received will be available for public inspection online and/or at EPA
Region 2, 290 Broadway, New York, NY 10007-1866.

    Dated: September 16, 2020.
Pasquale Evangelista,
Director, Superfund & Emergency Management Division, U.S. Environmental
Protection Agency, Region 2.
[FR Doc. 2020-20813 Filed 9-21-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35244-35245]
[FR Doc No: 2017-15910]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81197; File No. SR-NYSEArca-2017-46]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change To Amend NYSE Arca Equities Rule 13.2, Liability
of Corporation

July 24, 2017.

I. Introduction

    On May 23, 2017, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend NYSE Arca Equities Rule 13.2, Liability of Corporation. The
proposed rule change was published for comment in the Federal Register
on June 12, 2017.\3\ The Commission received no comments on the
proposed rule change. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80866 (June 6,
2017), 82 FR 26967 (``Notice'').
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II. Description of the Proposed Rule Change \4\
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    \4\ For a more detailed description of the proposed rule change,
see Notice, supra note 3.
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    NYSE Arca Equities Rule 13.2 (``Rule 13.2'') currently provides a
mechanism for ETP Holders to receive compensation for certain types of
losses. The Exchange proposes to amend Rule 13.2 in several respects.
    First, the Exchange proposes to amend Rule 13.2(a) to specify that
the limitation of liability set forth in that paragraph would apply to
ETP Holders' successors, representatives, and customers. Pursuant to
proposed Rule 13.2(a), except as otherwise expressly provided in the
Exchange's rules, neither the Corporation nor its Directors, officers,
committee members, employees, or agents shall be liable to ETP Holders
of the Corporation, or successors, representatives, or customers
thereof, or to persons associated therewith, for the specified types of
losses, expenses, damages, or claims.
    Second, the Exchange proposes to amend Rule 13.2(b), which
describes certain prerequisites for qualifying for compensation.
Specifically, Rule 13.2(b) currently requires, among other things, that
``the Corporation has acknowledged receipt of'' the order. As proposed,
Rule 13.2(b) would require, among other things, that ``the Corporation
has received'' the order.
    Third, the Exchange proposes to amend Rule 13.2(b) to eliminate the
daily liability caps. Rule 13.2(b)(1) currently provides that, as to
any one or more claims made by a single ETP Holder growing out of the
use or enjoyment of the facilities afforded by the Corporation on a
single trading day, the Corporation will not be liable in excess of the
larger of $100,000, or the amount of any recovery obtained by the
Corporation under any applicable insurance maintained by the
Corporation. Rule 13.2(b)(2) currently provides that, as to the
aggregate of all claims made by all ETP Holders growing out of the use
or enjoyment of the facilities afforded by the Corporation on a single
trading day, the Corporation will not be liable in excess of the larger
of $250,000, or the amount of the recovery obtained by the Corporation
under any applicable insurance maintained by the Corporation. Rule
13.2(b)(3) currently provides that, as to the aggregate of all claims
made by all ETP Holders growing out of the use or enjoyment of the
facilities afforded by the Corporation during a single calendar month,
the Corporation will not be liable in excess of the larger of $500,000,
or the amount of the recovery obtained by the Corporation under any
applicable insurance maintained by the Corporation.\5\ The Exchange
proposes to eliminate the daily liability caps in Rules 13.2(b)(1) and
(2), and retain the monthly liability cap in Rule 13.2(b)(3).\6\ The
Exchange also proposes to apply the elimination of the daily liability
caps retroactively to March 1, 2017, so that ETP Holders may be fully
compensated for losses incurred in connection with a system issue that
occurred on March 20, 2017.\7\
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    \5\ Rule 13.2(c) currently provides that, if all of the claims
arising out of the use or enjoyment of the facilities afforded by
the Corporation cannot be fully satisfied because in the aggregate
they exceed the applicable maximum amount of liability provided for
in Rule 13.2(b), then the maximum amount shall be allocated among
all such claims arising on a single trading day or during a single
calendar month, as applicable, based on the proportion that each
such claim bears to the sum of all such claims.
    \6\ In connection with this change, the Exchange also proposes
conforming changes in Rule 13.2(c) to eliminate the reference to
allocation among claims arising ``on a single trading day.''
    \7\ See Notice, supra note 3, at 26968.
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    Fourth, the Exchange proposes to amend the time frame and clarify
the manner in which ETP Holders are required to submit notice of claims
for compensation. Rule 13.2(c) currently requires ETP Holders to
provide written notice of claims no later than the opening of trading
on the next business day following the day on which the use or
enjoyment of the Corporation's facilities giving rise to the claims
occurred. The Exchange proposes to require ETP Holders to submit
written notice of claims for compensation pursuant to Rule 13.2(b) no
later than noon Eastern Time on the next business day following the day
on which the use or enjoyment of the Corporation's facilities gave rise
to such claims.\8\
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    \8\ See proposed Rule 13.2(d).
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\9\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\10\ which requires, among
other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged

in regulating, clearing, settling, processing information with respect
to, and facilitating transactions in securities and, in general, to
protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposal to eliminate the daily
liability caps in Rules 13.2(b)(1) and (2) could result in more ETP
Holders receiving fuller compensations on their claims.\11\ The
proposal could also reduce the risk that losses suffered by an ETP
Holder would be treated differently depending on whether other ETP
Holders suffered losses on the same day.\12\ In addition, the
Commission notes that, under the proposal, the maximum amount of
compensation would continue to be proportionally allocated if claims
arising during a single calendar month exceed the monthly liability
cap.\13\
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    \11\ The Commission notes that the rules of certain other
national securities exchanges also only include monthly liability
caps, and no daily liability caps. See, e.g., Nasdaq Stock Market
LLC (``Nasdaq'') Rule 4626.
    \12\ See Notice, supra note 3, at 26968.
    \13\ See proposed changes to Rule 13.2(c). As described above,
the Exchange also proposes to make conforming changes in Rule
13.2(c) to eliminate the reference to allocation among claims
arising ``on a single trading day.'' See supra notes 5-6.
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    With respect to the Exchange's proposal to retroactively apply the
elimination of the daily liability caps, the Commission notes that
approval of the proposal would make additional funds available to
compensate ETP Holders affected by the system issue on March 20, 2017.
Also, as the Exchange notes, the proposal would promote equal treatment
between ETP Holders who suffered a loss on March 20, 2017 and ETP
Holders who suffered a loss on a different day.\14\ Specifically,
according to the Exchange, the proposal would enable it to fully
compensate ETP Holders for claims arising from the system issue on
March 20, 2017.\15\ Moreover, according to the Exchange, prior to March
20, 2017, it has never received a claim that exceeded the liability
limits, and thus it was never prevented from fully compensating an ETP
Holder.\16\
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    \14\ See Notice, supra note 3, at 26968.
    \15\ See id. at 26969.
    \16\ See id.
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    The Commission further believes that the other proposed changes are
consistent with the Act. Specifically, the Commission believes that the
addition of the text ``successors, representatives or customers
thereof'' to Rule 13.2(a) would clarify the scope of the limitation of
liability in that provision.\17\ As the Exchange notes, Rule 13.2
currently does not authorize the compensation of successors,
representatives, or customers of ETP Holders because the rule does not
currently reference them.\18\ The Commission also believes that the
replacement of the words ``acknowledged receipt of'' with the word
``received'' in Rule 13.2(b) would provide transparency regarding the
scope of the rule.\19\ Finally, the Commission believes that the
addition of paragraph (d) to Rule 13.2 would clarify that all claims
for compensation must be submitted in writing, and would provide ETP
Holders additional time to evaluate losses that may have occurred on
the prior trading day, particularly if an issue occurred later in the
day.\20\
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    \17\ The Commission notes that this change is consistent with
the rules of certain other national securities exchanges. See, e.g.,
Bats BZX Exchange, Inc. Rule 11.16(a).
    \18\ See Notice, supra note 3, at 26967.
    \19\ The Commission notes that this change is consistent with
the rules of certain other national securities exchanges. See, e.g.,
New York Stock Exchange LLC Rule 18(b).
    \20\ The Commission notes that this change is consistent with
the rules of certain other national securities exchanges. See, e.g.,
Nasdaq Rule 4626(b)(6).
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    Based on the foregoing, the Commission believes that the proposed
rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-NYSEArca-2017-46), be, and
hereby is, approved.
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    \21\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15910 Filed 7-27-17; 8:45 am]
 BILLING CODE 8011-01-P


submission requirement would appear in 40 CFR 51.1312, which implements
CAA subsections 172(c)(1) 182(b)(2),(c),(d) and (e).
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    \105\ The EPA developed a hypothetical list of nonattainment
areas for estimating the burden for states to meet their 2015 ozone
nonattainment area requirements. The hypothetical nonattainment
areas were based on the preliminary 2013-2015 air quality data
available. The hypothetical nonattainment areas include multiple
counties for most areas based on the existing 2008 and 1997 8-hour
ozone nonattainment areas, Combined Statistical Area, or Core Based
Statistical Area boundary associated with a violating monitor. Note
that these areas are used for analytical purposes only. Actual
nonattainment areas and boundaries will be determined through the
designations process.
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    Air agencies should already have information from many emission
sources, as facilities should have provided this information to meet 1-
hour, 1997, and 2008 ozone NAAQS SIP requirements, operating permits
and/or emissions reporting requirements. Such information does not
generally reveal the details of production processes. But, to the
extent it may, CBI for the affected facilities is protected.
Specifically, submissions of emissions and control efficiency
information that is confidential, proprietary and trade secret is
protected from disclosure under the requirements of subsections 503(e)
and 114(c) of the CAA.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to be a total of 41,800 labor
hours per year at an annual labor cost of $2.5 million (present value)
over the 3-year period or approximately $107,000 per state for the 23
state air agency respondents. The ICR Supporting Statement for the 2015
8-hour Ozone NAAQS Implementation Rule EPA ICR No. 2347.03 in the
docket provides the details for the 23 state air agencies that are
required to provide the 66 SIP revisions for the 57 hypothetical areas
designated nonattainment for the 2015 ozone standard. The average
annual reporting burden is 633 hours per response, with approximately
2.87 responses per state for 66 state responses from the state air
agencies. There are no capital or operating and maintenance costs
associated with the proposed rule requirements. Burden is defined at 5
CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the agency's need for this information, the accuracy
of the provided burden estimates and any suggested methods for
minimizing respondent burden, the EPA has established a public docket
for this rule, which includes this ICR, under Docket ID No. EPA-HQ-OAR-
2016-0202. Commenters should submit any comments related to the ICR to
both the EPA and OMB. See the ADDRESSES section at the beginning of
this notice for where to submit comments to the EPA. Send comments to
OMB at the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street NW., Washington, DC 20503,
Attention: Desk Office for EPA. Since OMB is required to make a
decision concerning the ICR between 30 and 60 days after November 17,
2016, a comment to OMB is best assured of having its full effect if OMB
receives it by December 19, 2016. The final rule will respond to any
OMB or public comments on the information collection requirements
contained in this proposal.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Entities
potentially affected directly by this rule include state, local and
tribal governments and none of these governments are small governments.
Other types of small entities are not directly subject to the
requirements of this rule because this

action only addresses how a SIP will provide for adequate attainment
and maintenance of the NAAQS and meet the obligations of the CAA.
Although some states may ultimately decide to impose economic impacts
on small entities, that is not required by this rule and would only
occur at the discretion of the state.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action implements mandates specifically and
explicitly set forth in the CAA without the exercise of any policy
discretion by the EPA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It would not have a substantial direct effect on
one or more Indian tribes, since no tribe has to develop a TIP under
these regulatory revisions. Furthermore, these regulation revisions do
not affect the relationship or distribution of power and
responsibilities between the federal government and Indian tribes. The
CAA and the Tribal Air Rule establish the relationship of the federal
government and tribes in developing plans to attain the NAAQS, and
these revisions to the regulations do nothing to modify that
relationship. Thus, Executive Order 13175 does not apply to this
action.
    Although Executive Order 13175 does not apply to this action, the
EPA briefed tribal officials in developing this proposal.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

I. National Technology Transfer and Advancement Act (NTTA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous populations as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in Section VI of this
preamble.

VIII. Statutory Authority

    The statutory authority for this action is provided by sections
109; 110; 172; 181 through 185B; 301(a)(1) and 501(2)(B) of the CAA, as
amended (42 U.S.C. 7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C.
7511-7511f; 42 U.S.C. 7601(a)(1); 42 U.S.C. 7661(2)(B)).

List of Subjects

40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

40 CFR Part 51

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Particulate matter, Transportation, Volatile organic
compounds.

    Dated: November 2, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS

0
1. The authority citation for part 50 continues to read as follows:

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

0
2. In Sec.  50.15, add paragraph (c) to read as follows:

Sec.  50.15  National 8-hour primary and secondary ambient air quality
standards for ozone.

* * * * *

Proposed Regulatory Text for Option 1

    (c) The 2008 ozone NAAQS set forth in this section will remain
applicable to all areas of the country notwithstanding the promulgation
of 2015 ozone NAAQS under Sec.  50.19. The 2008 ozone NAAQS set forth
in this section will no longer apply to an area 1 year after the
effective date of the initial area designation of that area for the
2015 ozone NAAQS pursuant to section 107 of the CAA. For purposes of
the anti-backsliding requirements of Sec.  51.1305, Sec.  51.165 and
Appendix S to part 51, the area designations and classifications with
respect to the revoked 1-hour, 1997 and 2008 ozone NAAQS are codified
in 40 CFR part 81.

Proposed Regulatory Text for Option 2

    (c) Notwithstanding the promulgation of 2015 ozone NAAQS under
Sec.  50.19, the 2008 ozone NAAQS set forth in this section will remain
applicable to any area of the country designated nonattainment for the
2008 ozone NAAQS as of the date of that area's initial designation for
the 2015 ozone NAAQS pursuant to section 107 of the CAA. For any other
area of the country, the 2008 ozone NAAQS set forth in this section
will no longer apply to such area 1 year after the effective date of
the initial designation of that area for the 2015 ozone NAAQS pursuant
to section 107 of the CAA.

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
3. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

0
4. Revise Sec.  51.1119 to read as follows:

Subpart AA--Provisions for Implementation of 8-Hour Ozone National
Ambient Air Quality Standards

Sec.  51.1119  Applicability.

    As of revocation of the 2008 ozone NAAQS in an area, as set forth
in Sec.  50.15(c), the provisions of Sec. Sec.  51.1100 to 51.1118 of
subpart AA cease to apply, [Proposed Regulatory Text for Option 1:
except for Sec.  51.1107 for the anti-backsliding purposes of Sec.
51.1305(c)(2).]

0
5. Part 51 is amended by adding subpart CC to read as follows:
Subpart CC--Provisions for Implementation of the 2015 Ozone National
Ambient Air Quality Standards
Sec.
51.1300 Definitions.
51.1301 Applicability of part 51.
51.1302 Classification and nonattainment area planning provisions.
51.1303 Application of classification and attainment date provisions
in CAA section 181 to areas subject to Sec.  51.1302.
51.1304 [Reserved]
51.1305 Transition from the 2008 ozone NAAQS to the 2015 ozone NAAQS
and anti-backsliding.
51.1306 Redesignation to nonattainment following initial
designations.
51.1307 Determining eligibility for 1-year attainment date
extensions for an 8-hour ozone NAAQS under CAA section 181(a)(5).
51.1308 Modeling and attainment demonstration requirements.
51.1309 Demonstrations that areas would have attained but for
international emissions under CAA section 179B(b)
51.1310 Requirements for reasonable further progress (RFP).
51.1311 [Reserved]
51.1312 Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).
51.1313 Section 182(f) NOX exemption provisions.
51.1314 New source review requirements.
51.1315 Emissions inventory requirements.
51.1316 Requirements for an Ozone Transport Region.
51.1317 Fee programs for Severe and Extreme nonattainment areas that
fail to attain.
51.1318 Suspension of SIP planning requirements in nonattainment
areas that have air quality data that meet an ozone NAAQS.
51.1319 Applicability.

Subpart CC--Provisions for Implementation of the 2015 Ozone
National Ambient Air Quality Standards

Sec.  51.1300  Definitions.

    The following definitions apply for purposes of this subpart. Any
term not defined herein shall have the meaning as defined in 40 CFR
51.100.
    (a) 1-hour NAAQS means the 1-hour primary and secondary ozone
national ambient air quality standards codified at 40 CFR 50.9.
    (b) 1997 NAAQS means the 1997 8-hour primary and secondary ozone
national ambient air quality standards codified at 40 CFR 50.10.
    (c) 2008 NAAQS means the 2008 8-hour primary and secondary ozone
NAAQS codified at 40 CFR 50.15.
    (d) 2015 NAAQS means the 2015 8-hour primary and secondary ozone
NAAQS codified at 40 CFR 50.19.
    (e) 1-hour ozone design value is the 1-hour ozone concentration
calculated according to 40 CFR part 50, appendix H and the
interpretation methodology issued by the Administrator most recently
before the date of the enactment of the CAA Amendments of 1990.
    (f) 8-hour ozone design value is the 8-hour ozone concentration
calculated according to 40 CFR part 50, appendix P for the 2008 NAAQS,
and 40 CFR part 50, appendix U for the 2015 NAAQS.
    (g) CAA means the Clean Air Act as codified at 42 U.S.C. 7401-7671q
(2010).
    (h) Attainment area means, unless otherwise indicated, an area
designated as either attainment, unclassifiable, or attainment/
unclassifiable.
    (i) Attainment year ozone season shall mean the ozone season
immediately preceding a nonattainment area's maximum attainment date.
    (j) Designation for a NAAQS shall mean the effective date of the
designation for an area for that NAAQS.
    (k) Higher classification/lower classification. For purposes of
determining whether a classification is higher or lower,
classifications under subpart 2 of part D of title I of the CAA are
ranked from lowest to highest as follows: Marginal; Moderate; Serious;
Severe-15; Severe-17; and Extreme.
    (l) Initially designated means the first designation that becomes
effective for an area for a specific NAAQS and does not include a
redesignation to attainment or nonattainment for that specific NAAQS.
    (m) Maintenance area means an area that was designated
nonattainment for a specific NAAQS and was redesignated to attainment
for that NAAQS subject to a maintenance plan as required by CAA section
175A.
    (n) Nitrogen Oxides (NOX) means the sum of nitric oxide
and nitrogen dioxide in the flue gas or emission point, collectively
expressed as nitrogen dioxide.
    (o) Ozone season means for each state (or portion of a state), the
ozone monitoring season as defined in 40 CFR part 58, appendix D,
section 4.1(i) for that state (or portion of a state).

[Proposed Regulatory Text for Option 1:

    (p) Applicable requirements for an area for anti-backsliding
purposes means the following requirements, to the extent such
requirements apply to the area pursuant to its classification for
revoked ozone NAAQS, as codified in 40 CFR part 51, on the effective
date of the revocation of those NAAQS:
    (1) Reasonably available control technology (RACT) under CAA
sections 172(c)(1) and 182(b)(2).
    (2) Vehicle inspection and maintenance programs (I/M) under CAA
sections 182(b)(4) and 182(c)(3).
    (3) Major source applicability thresholds for purposes of RACT
under CAA sections 172(c)(2), 182(b), 182(c), 182(d), and 182(e).
    (4) Reductions to achieve Reasonable Further Progress (RFP) under
CAA sections 172(c)(2), 182(b)(1)(A), and 182(c)(2)(B) and EPA's
implementing regulations at Sec.  51.1310.
    (5) Clean fuels fleet program under CAA section 183(c)(4).
    (6) Clean fuels for boilers under CAA section 182(e)(3).
    (7) Transportation Control Measures (TCMs) during heavy traffic
hours as specified under CAA section 182(e)(4).
    (8) Enhanced (ambient) monitoring under CAA section 182(c)(1).
    (9) Transportation controls under CAA section 182(c)(5).
    (10) Vehicle miles traveled provisions of CAA section 182(d)(1).
    (11) NOX requirements under CAA section 182(f).
    (12) Attainment demonstration requirements under CAA sections
172(c)(4), 182(b)(1)(A), and 182(c)(2).
    (13) Nonattainment contingency measures required under CAA sections
172(c)(9) and 182(c)(9) for failure to attain an ozone NAAQS by the
applicable attainment date for that NAAQS or failure to make reasonable
further progress toward attainment of that ozone NAAQS.
    (14) Nonattainment NSR major source thresholds and offset ratios
under CAA sections 172(a)(5) and 182(a)(2).
    (15) Penalty fee program requirements for Severe and Extreme Areas
under CAA section 185.
    (16) Contingency measures associated with areas utilizing CAA
section 182(e)(5).
    (17) Reasonably available control measures (RACM) requirements
under CAA section 172(c)(1).]
    (q) CSAPR means the Cross-State Air Pollution Rule codified at 40
CFR 52.38 and part 97.
    (r) CAIR means the Clean Air Interstate Rule codified at 40 CFR
51.123, 52.35 and part 95.
    (s) NOX SIP Call means the rules codified at 40 CFR 51.121 and
51.122.
    (t) Ozone transport region (OTR) means the area established by CAA
section 184(a) or any other area established by the Administrator
pursuant to CAA section 176A for purposes of ozone.
    (u) Reasonable further progress (RFP) means the emissions
reductions

required under CAA sections 172(c)(2), 182(c)(2)(B), 182(c)(2)(C), and
Sec.  51.1310. The EPA interprets RFP under CAA section 172(c)(2) to be
an average 3 percent per year emissions reduction of either VOC or
NOX.
    (v) Rate-of-progress (ROP) means the 15 percent progress reductions
in VOC emissions over the first 6 years after the baseline year
required under CAA section 182(b)(1).
    (w) Revocation of the 1-hour ozone NAAQS means the time at which
the 1-hour ozone NAAQS no longer apply to an area pursuant to 40 CFR
50.9(b). The date of revocation of the 1-hour NAAQS was June 15, 2005
for most areas of the country.
    (x) Revocation of the 1997 ozone NAAQS means the time at which the
1997 8-hour ozone NAAQS no longer apply to an area pursuant to 40 CFR
50.10(c). The date of revocation of the 1997 ozone NAAQS was April 6,
2015 for all areas of the country.
    (y) Revocation of the 2008 ozone NAAQS means the time at which the
2008 8-hour ozone NAAQS no longer apply to an area pursuant to 40 CFR
50.15(c).
    (z) Subpart 1 means subpart 1 of part D of title I of the CAA.
    (aa) Subpart 2 means subpart 2 of part D of title I of the CAA.
    (bb) I/M refers to the inspection and maintenance programs for in-
use vehicles required under the 1990 CAA Amendments and defined by
subpart S of 40 CFR part 51.
    (cc) An area ``Designated nonattainment for the 1-hour ozone
NAAQS'' means, for purposes of 40 CFR 51.1305, an area that is subject
to applicable 1-hour ozone NAAQS anti-backsliding requirements as of
April 6, 2015, the effective date of the revocation of the 1997 ozone
NAAQS.
    (dd) An area ``Designated nonattainment for the 1997 8-hour ozone
NAAQS'' means, for purposes of 40 CFR 51.1305, an area that is subject
to applicable 1997 ozone NAAQS anti-backsliding requirements as of
April 6, 2015, the effective date of the revocation of the 1997 ozone
NAAQS.
    (ee) An area ``Designated nonattainment for the 2008 8-hour ozone
NAAQS'' means, for purposes of 40 CFR 51.1305, an area that is subject
to applicable 2008 8-hour ozone NAAQS anti-backsliding requirements as
of the effective date of the revocation of the 2008 ozone NAAQS.
    (ff) Current ozone NAAQS means the most recently promulgated ozone
NAAQS at the time of application of any provision of this subpart.
    (gg) Base year inventory for the nonattainment area means a
comprehensive, accurate, current inventory of actual emissions from
sources of VOC and NOX emitted within the boundaries of the
nonattainment area as required by CAA section 182(a)(1).
    (hh) Ozone season day emissions means an average day's emissions
for a typical ozone season work weekday. The state shall select,
subject to EPA approval, the particular month(s) in the ozone season
and the day(s) in the work week to be represented, considering the
conditions assumed in the development of RFP plans and/or emissions
budgets for transportation conformity.

Sec.  51.1301  Applicability of part 51.

    The provisions in subparts A-Y and AA of part 51 apply to areas for
purposes of the 2015 ozone NAAQS to the extent they are not
inconsistent with the provisions of this subpart.

Sec.  51.1302  Classification and nonattainment area planning
provisions.

    An area designated nonattainment for the 2015 ozone NAAQS will be
classified in accordance with CAA section 181, as interpreted in Sec.
51.1303(a), and will be subject to the requirements of subpart 2 of
part D of title I of the CAA that apply for that classification.

Sec.  51.1303  Application of classification and attainment date
provisions in CAA section 181 to areas subject to Sec.  51.1302.

    (a) In accordance with CAA section 181(a)(1), each area designated
nonattainment for the 2015 ozone NAAQS shall be classified by operation
of law at the time of designation. The classification shall be based on
the 8-hour design value for the area at the time of designation, in
accordance with Table 1 of paragraph (a) of this section. A state may
request a higher or lower classification as provided in paragraphs (b)
and (c) of this section. For each area classified under this section,
the attainment date for the 2015 NAAQS shall be as expeditious as
practicable, but not later than the date provided in Table 1 as
follows:

   Table 1--Classifications and Attainment Dates for 2015 8-Hour Ozone
          NAAQS (0.070 ppm) for Areas Subject to 40 CFR 51.1302
------------------------------------------------------------------------
                                                        Primary standard
                                                        attainment date
                                                        (years after the
            Area class                8-Hour design    effective date of
                                    value (ppm ozone)   designation for
                                                          2015 primary
                                                             NAAQS)
------------------------------------------------------------------------
Marginal:
    from..........................              0.071                  3
    up to *.......................              0.081
Moderate:
    from..........................              0.081                  6
    up to *.......................              0.093
Serious:
    from..........................              0.093                  9
    up to *.......................              0.105
Severe-15:
    from..........................              0.105                 15
    up to *.......................              0.111
Severe-17:
    from..........................              0.111                 17
    up to *.......................              0.163
Extreme:
    equal to or above.............              0.163                 20
------------------------------------------------------------------------
* But not including.

    (b) A state may request, and the Administrator must approve, a
higher classification for an area for any reason in accordance with CAA
section 181(b)(3).
    (c) A state may request, and the Administrator may in the
Administrator's discretion approve, a higher or lower classification
for an area in accordance with CAA section 181(a)(4).
    (d) The following nonattainment areas are reclassified for the 2015
ozone NAAQS as follows: Serious--Ventura County, CA; Severe--Los
Angeles-San Bernardino Counties (West Mojave Desert), Riverside County
(Coachella Valley), and Sacramento Metro, CA; Extreme--Los Angeles-
South Coast Air Basin, and San Joaquin Valley, CA.

Sec.  51.1304  [Reserved]

Sec.  51.1305  Transition from the 2008 ozone NAAQS to the 2015 ozone
NAAQS and anti-backsliding.

    (a) Requirements that continue to apply after revocation of prior
ozone NAAQS. (1) Areas designated nonattainment for the 2015 ozone
NAAQS and nonattainment for a prior revoked ozone NAAQS. The following
requirements apply to an area designated nonattainment for the 2015
ozone NAAQS and also designated nonattainment for a prior ozone NAAQS
as of the effective date of the revocation of the respective prior
ozone NAAQS unless the area has an approved redesignation substitute:
The area remains subject to the obligation to adopt and implement the
applicable requirements of Sec.  51.1300(p), for any ozone NAAQS for
which it was designated nonattainment as of the effective date of its
revocation, in accordance with its classification for that NAAQS as of
the effective date of its revocation, except as provided in paragraph
(b) of this section or if the area has an approved redesignation
substitute.
    (2) Areas designated nonattainment for the 2015 ozone NAAQS and
maintenance for a prior revoked ozone NAAQS. For an area designated
nonattainment for the 2015 ozone NAAQS that was redesignated to
attainment for a prior ozone NAAQS prior to the effective date of the
revocation of the respective prior ozone NAAQS (hereinafter a
``maintenance area''), the approved SIP, including the maintenance
plan, is considered to satisfy the applicable requirements of 40 CFR
51.1300(p) for the revoked NAAQS. The measures in the approved SIP and
maintenance plan shall continue to be implemented in accordance with
the terms in the approved SIP. Any measures associated with applicable
requirements that were shifted to contingency measures prior to the
effective date of the revocation of the prior ozone NAAQS shall remain
in that form. After revocation of a prior NAAQS, and to the extent
consistent with any SIP for the 2015 ozone NAAQS and with CAA sections
110(l) and 193, the state may request approval from the EPA to shift
obligations under the applicable requirements of Sec.  51.1300(p) to
the SIP's list of maintenance plan contingency measures for the area.
    (3) Areas designated attainment for the 2015 ozone NAAQS and
nonattainment for a prior revoked ozone NAAQS. For an area designated
attainment for the 2015 ozone NAAQS, and designated nonattainment for
the a prior ozone NAAQS as of the effective date of the revocation of
the respective prior ozone NAAQS, the area is no longer subject to
nonattainment NSR for the 1997 or 2008 ozone NAAQS, if applicable, and
the state may request approval from the EPA to either remove the
nonattainment NSR provisions from the SIP or shift them to the SIP's
list of maintenance plan contingency measures for the area. Such
approval must be consistent with CAA sections 110(l) and 193. If the
area's nonattainment NSR provisions are removed from the active portion
of the SIP for the area, the area's approved PSD SIP shall be
considered to satisfy the state's obligations with respect to the
area's maintenance of the 2015 ozone NAAQS pursuant to CAA section
110(a)(1). The state may request approval from the EPA, consistent with
CAA sections 110(l) and 193, to shift SIP measures adopted to satisfy
other applicable requirements of Sec.  51.1300(p) to the SIP's list of
maintenance plan contingency measures for the area.
    (4) Requirements for areas designated attainment for the 2015 ozone
NAAQS and maintenance for a prior revoked ozone NAAQS. An area
designated attainment for the 2015 ozone NAAQS with an approved CAA
section 175A maintenance plan for a prior revoked ozone NAAQS is
considered to satisfy the applicable requirements of 40 CFR 51.1300(p)
through implementation of the SIP and maintenance plan provisions for
the area. After revocation of a prior NAAQS, and to the extent
consistent with CAA sections 110(l) and 193, the state may request
approval from the EPA to shift obligations under the applicable
requirements of 40 CFR 51.1300(p) to the list of maintenance plan
contingency measures for the area.
    For an area that is initially designated attainment for the 2015
ozone NAAQS and which has been redesignated to attainment for a prior
revoked ozone NAAQS with an approved CAA section 175A maintenance plan
and an approved PSD SIP, the area's approved maintenance plan and the
state's approved PSD SIP for the area are considered to satisfy the
state's obligations with respect to the area's maintenance of the 2015
ozone NAAQS pursuant to CAA section 110(a)(1).
    (b) Effect of Redesignation or Redesignation Substitute. (1) An
area remains subject to the anti-backsliding obligations for a revoked
NAAQS under paragraphs (a)(1) and (a)(2) of this section until either:
(i) EPA approves a redesignation to attainment for the area for the
2015 ozone NAAQS, in which case regulatory anti-backsliding
requirements for the 1997 and 2008 ozone standards, if applicable, are
satisfied; or (ii) EPA approves a demonstration for the area in a
redesignation substitute procedure for a revoked NAAQS. Under this
redesignation substitute procedure for a revoked NAAQS, and for this
limited anti-backsliding purpose, the demonstration must show that the
area has attained that revoked NAAQS due to permanent and enforceable
emission reductions and that the area will maintain that revoked NAAQS
for 10 years from the date of EPA's approval of this showing.
    (2) If EPA, after notice-and-comment rulemaking, approves a
redesignation to attainment, the state may request approval from the
EPA to either remove provisions for nonattainment NSR from the SIP for
the 1997 and 2008 ozone standards, subject to the requirements of CAA
sections 110(l) and 193, or shift them to the SIP's list of maintenance
plan contingency measures for the area.
    (3) If the EPA, after notice-and-comment rulemaking, approves a
redesignation to attainment, the state may request approval from the
EPA to shift other anti-backsliding obligations for the 1997 and 2008
ozone standards to contingency measures, provided that such action is
consistent with CAA sections 110(l) and 193.
    (4) If EPA, after notice and comment rulemaking, approves a
redesignation substitute for a revoked NAAQS, the state may request
approval from the EPA to either remove provisions for nonattainment NSR
for that revoked NAAQS from the SIP, or shift them to the SIP's list of
maintenance plan contingency measures for the area.
    (5) If EPA, after notice and comment rulemaking, approves a
redesignation substitute for a revoked NAAQS, the state may request
approval from the EPA to shift other anti-backsliding obligations for
that revoked NAAQS to

contingency measures provided that such action is consistent with CAA
sections 110(l) and 193.
    (6) Areas that are designated nonattainment for the 2008 ozone
NAAQS at the time of designation for the 2015 ozone NAAQS may be
redesignated to attainment prior to the effective date of revocation of
the 2008 ozone NAAQS.
    (c) Portions of an area designated nonattainment or attainment for
the 2015 ozone NAAQS that remain subject to the obligations identified
in paragraph (a) of this section. Only that portion of the designated
nonattainment or attainment area for the 2015 ozone NAAQS that was
required to adopt the applicable requirements in Sec.  51.1300(p) for
purposes of a prior revoked ozone NAAQS is subject to the obligations
identified in paragraph (a) of this section. Subpart C of 40 CFR part
81 identifies the areas designated nonattainment and associated area
boundaries for prior ozone NAAQS as of the effective date of the
revocation of the prior NAAQS.
    (d) Obligations under a prior ozone NAAQS that no longer apply
after revocation of the prior ozone NAAQS. (1) Second 10-year
maintenance plans. As of the effective date of the revocation of a
prior ozone NAAQS, an area with an approved maintenance plan for the
respective prior ozone NAAQS under CAA section 175A is not required to
submit a corresponding second 10-year maintenance plan 8 years after
approval of the initial maintenance plan for that prior ozone NAAQS.
    (2) Determinations of failure to attain a prior revoked ozone
NAAQS. (i) As of the effective date of the revocation of a prior ozone
NAAQS, the EPA is no longer obligated to determine pursuant to CAA
section 181(b)(2) or section 179(c) whether an area attained the
respective prior ozone NAAQS by that area's attainment date for that
prior ozone NAAQS.
    (ii) As of the effective date of the revocation of a prior ozone
NAAQS, the EPA is no longer obligated to reclassify an area to a higher
classification for the respective prior ozone NAAQS based upon a
determination that the area failed to attain that prior ozone NAAQS by
the area's attainment date for that prior ozone NAAQS.
    (iii) For a prior revoked ozone NAAQS, the EPA is required to
determine whether an area attained the prior ozone NAAQS by the area's
attainment date solely for anti-backsliding purposes to address an
applicable requirement for nonattainment contingency measures and CAA
section 185 fee programs. In making such a determination, the EPA may
consider and apply the provisions of CAA section 181(a)(5) and former
40 CFR 51.907 and 51.1107 in interpreting whether a 1-year extension of
the attainment date is applicable.
    (e) Continued applicability of the Federal Implementation Plan
(FIP) and SIP requirements pertaining to interstate transport under CAA
section 110(a)(2)(D)(i) and (ii) after revocation of prior ozone NAAQS.
All control requirements associated with a FIP or approved SIP in
effect for an area as of the effective date of the revocation of a
prior ozone NAAQS, such as the NOX SIP Call, the CAIR, or
the CSAPR shall continue to apply after revocation of the prior ozone
NAAQS. Control requirements approved into the SIP pursuant to
obligations arising from CAA section 110(a)(2)(D)(i) and (ii),
including [NOTE: Update listing as necessary to reflect CSAPR update
rule due summer 2016] 40 CFR 51.121, 51.122, 51.123 and 51.124, may be
modified by the state only if the requirements of Sec. Sec.  51.121,
51.122, 51.123 and 51.124, including statewide NOX emission
budgets continue to be in effect. Any such modification must meet the
requirements of CAA section 110(l).
    (f) New source review. An area designated nonattainment for the
2015 ozone NAAQS and designated nonattainment for a prior revoked ozone
NAAQS remains subject to the obligation to adopt and implement the
major source threshold and offset requirements for nonattainment NSR
that apply or applied to the area pursuant to CAA sections 172(c)(5),
173 and 182 based on the highest of: (i) The area's classification
under CAA section 181(a)(1) for the 1-hour NAAQS as of the effective
date of revocation of the 1-hour ozone NAAQS; (ii) the area's
classification under 40 CFR 51.903 for the 1997 ozone NAAQS as of April
6, 2015, which is the effective date of revocation of the 1997 ozone
NAAQS; (iii) the area's classification under 40 CFR 51.1103 for the
2008 ozone NAAQS as of the date a permit is issued or as of the
effective date of revocation of the 2008 ozone NAAQS for that area,
whichever is earlier; and (iv) the area's classification under Sec.
51.1303 for the 2015 ozone NAAQS. Upon the approval of the EPA of
removal of nonattainment NSR obligations for a revoked NAAQS under
Sec.  51.1305(b), the state remains subject to the obligation to adopt
and implement the major source threshold and offset requirements for
nonattainment NSR that apply or applied to the area for the remaining
applicable NAAQS consistent with this paragraph.

Sec.  51.1306  Redesignation to nonattainment following initial
designations.

    For any area that is initially designated attainment for the 2015
ozone NAAQS and that is subsequently redesignated to nonattainment for
the 2015 ozone NAAQS, any absolute, fixed date applicable in connection
with the requirements of this part other than an attainment date is
extended by a period of time equal to the length of time between the
effective date of the initial designation for the 2015 ozone NAAQS and
the effective date of redesignation, except as otherwise provided in
this subpart. The maximum attainment date for a redesignated area would
be based on the area's classification, consistent with Table 1 in Sec.
51.1303.

Sec.  51.1307  Determining eligibility for 1-year attainment date
extensions for an 8-hour ozone NAAQS under CAA section 181(a)(5).

    (a) A nonattainment area will meet the requirement of CAA section
181(a)(5)(B) pertaining to 1-year extensions of the attainment date if:
    (1) For the first 1-year extension, the area's 4th highest daily
maximum 8-hour average in the attainment year is no greater than the
level of that NAAQS.
    (2) For the second 1-year extension, the area's 4th highest daily
maximum 8-hour value, averaged over both the original attainment year
and the first extension year, is no greater than the level of that
NAAQS.
    (b) For purposes of paragraph (a)(1) of this section, the area's
4th highest daily maximum 8-hour average for a year shall be from the
monitor with the highest 4th highest daily maximum 8-hour average for
that year of all the monitors that represent that area.
    (c) For purposes of paragraph (a)(2) of this section, the area's
4th highest daily maximum 8-hour value, averaged over both the original
attainment year and the first extension year, shall be from the monitor
in each year with the highest 4th highest daily maximum 8-hour average
of all monitors that represent that area.

Sec.  51.1308  Modeling and attainment demonstration requirements.

    (a) An area classified Moderate under Sec.  51.1303(a) shall submit
an attainment demonstration that provides for such specific reductions
in emissions of VOCs and NOX as necessary to attain the
primary NAAQS by the applicable attainment date, and such demonstration
is due no later than 36 months after the effective date of the area's
designation for the 2015 ozone NAAQS.
    (b) An area classified Serious or higher under Sec.  51.1303(a)
shall be

subject to the attainment demonstration requirement applicable for that
classification under CAA section 182(c), and such demonstration is due
no later than 48 months after the effective date of the area's
designation for the 2015 ozone NAAQS.
    (c) Attainment demonstration criteria. An attainment demonstration
due pursuant to paragraph (a) or (b) of this section must meet the
requirements of Appendix W of this part and shall include inventory
data, modeling results, and emission reduction analyses on which the
state has based its projected attainment date; the adequacy of an
attainment demonstration shall be demonstrated by means of a
photochemical grid model or any other analytical method determined by
the Administrator, in the Administrator's discretion, to be at least as
effective.
    (d) Implementation of control measures. For each nonattainment
area, the state must provide for implementation of all control measures
needed for attainment as expeditiously as practicable. All control
measures in the attainment plan and demonstration must be implemented
no later than the beginning of the attainment year ozone season,
notwithstanding any alternate RACT and/or RACM implementation deadline
requirements in Sec.  51.1312.

Sec.  51.1309  Demonstrations that areas would have attained but for
international emissions under CAA section 179B(b).

    For purposes of CAA section 179B(b), 42 U.S.C. 7509a(b), in order
to establish to the satisfaction of the Administrator that, with
respect to an ozone nonattainment area classified as Marginal in such
State, such State would have attained the national ambient air quality
standard for ozone by the applicable attainment date, but for emissions
emanating from outside the United States, a State must demonstrate that
all reasonably available control measures have been implemented in the
nonattainment area in accordance with CAA section 172(c)(1), 42 U.S.C.
7502(c)(1).

Sec.  51.1310  Requirements for reasonable further progress (RFP).

    (a) RFP for nonattainment areas classified pursuant to Sec.
51.1303. The RFP requirements specified in CAA section 182 for that
area's classification shall apply.
    (1) Submission deadline. For each area classified Moderate or
higher pursuant to Sec.  51.1303, the state shall submit a SIP revision
no later than 36 months after the effective date of designation as
nonattainment for the 2015 ozone NAAQS that provides for RFP as
described in paragraphs (a)(2) through (4) of this section.
    (2) RFP requirements for areas with an approved prior ozone NAAQS
15 percent VOC ROP plan. An area classified Moderate or higher that has
the same boundaries as an area, or is entirely composed of several
areas or portions of areas, for which EPA fully approved a 15 percent
plan for a prior ozone NAAQS is considered to have met the requirements
of CAA section 182(b)(1) for the 2015 ozone NAAQS and instead:
    (i) If classified Moderate or higher, the area is subject to the
RFP requirements under CAA section 172(c)(2) and shall submit a SIP
revision that:
    (A) Provides for a 15 percent emission reduction from the baseline
year within 6 years after the baseline year;
    (B) Provides for an additional emissions reduction of 3 percent per
year from the end of the first 6-year period after the baseline year up
to the beginning of the attainment year if a baseline year earlier than
2017 is used; and
    (C) Relies on either NOX or VOC emissions reductions (or
a combination) to meet the requirements of paragraphs (a)(2)(i)(A) and
(B) of this section. Use of NOX emissions reductions must
meet the criteria in CAA section 182(c)(2)(C).
    (ii) If classified Serious or higher, the area is also subject to
RFP under CAA section 182(c)(2)(B) and shall submit a SIP revision no
later than 48 months after the effective date of designation providing
for an average emissions reduction of 3 percent per year:
    (A) For all remaining 3-year periods after the first 6-year period
after the baseline year until the year of the area's attainment date;
and
    (B) That relies on either NOX or VOC emissions
reductions (or a combination) to meet the requirements of (a)(2)(ii)(A)
and (B). Use of NOX emissions reductions must meet the
criteria in CAA section 182(c)(2)(C).
    (3) RFP requirements for areas for which an approved 15 percent VOC
ROP plan for a prior ozone NAAQS exists for only a portion of the area.
An area that contains one or more portions for which EPA fully approved
a 15 percent VOC ROP plan for a prior ozone NAAQS (as well as areas for
which EPA has not fully approved a 15 percent plan for a prior ozone
NAAQS) shall meet the requirements of either paragraph (a)(3)(i) or
(ii) of this section.
    (i) The state shall not distinguish between the portion of the area
with a previously approved 15 percent ROP plan and the portion of the
area without such a plan, and shall meet the requirements of paragraph
(a)(4) of this section for the entire nonattainment area.
    (ii) The state shall treat the area as two parts, each with a
separate RFP target as follows:
    (A) For the portion of the area without an approved 15 percent VOC
ROP plan for a prior ozone NAAQS, the state shall submit a SIP revision
as required under paragraph (a)(4) of this section.
    (B) For the portion of the area with an approved 15 percent VOC ROP
plan for a prior ozone NAAQS, the state shall submit a SIP as required
under paragraph (a)(2) of this section.
    (4) ROP Requirements for areas without an approved prior ozone
NAAQS 15 percent VOC ROP plan.
    (i) For each area, the state shall submit a SIP revision consistent
with CAA section 182(b)(1). The 6-year period referenced in CAA section
182(b)(1) shall begin January 1 of the year following the year used for
the baseline emissions inventory.
    (ii) For Moderate areas, the plan must provide for an additional 3
percent per year reduction from the end of the first 6-year period
after the baseline year up to the beginning of the attainment year if a
baseline year other than the most recent triennial inventory year is
selected under paragraph (b) of this section.
    (iii) For each area classified Serious or higher, the state shall
submit a SIP revision consistent with CAA section 182(c)(2)(B). The
final increment of progress must be achieved no later than the
attainment date for the area.
    (5) Creditability of emission control measures for RFP plans.
Except as specifically provided in CAA section 182(b)(1)(C) and (D),
CAA section 182(c)(2)(B), and 40 CFR 51.1310(a)(6), all emission
reductions from SIP-approved or federally promulgated measures that
occur after the baseline emissions inventory year are creditable for
purposes of the RFP requirements in this section, provided the
reductions meet the requirements for creditability, including the need
to be enforceable, permanent, quantifiable, and surplus.
    (6) Creditability of out-of-area emissions reductions. For purposes
of meeting the RFP requirements in Sec.  51.1310, in addition to the
restrictions on the creditability of emission control measures listed
in Sec.  51.1310(a)(5), creditable emission reductions for fixed
percentage reduction RFP must be obtained from emissions sources
located within the nonattainment area.
    (7) Calculation of non-creditable emissions reductions. The
following four categories of control measures listed in CAA section
182(b)(1)(D) are no longer required to be calculated for

exclusion in RFP analyses because the Administrator has determined that
due to the passage of time the effect of these exclusions would be de
minimis: (i) Measures related to motor vehicle exhaust or evaporative
emissions promulgated by January 1, 1990; (ii) regulations concerning
Reid vapor pressure promulgated by November 15, 1990; (iii) measures to
correct previous RACT requirements; and (iv) measures required to
correct previous I/M programs.
    (b) Baseline emissions inventory for RFP plans. For the RFP plans
required under this section, at the time of designation as
nonattainment for an ozone NAAQS the baseline emissions inventory shall
be the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to EPA under
the provisions of subpart A of this part. States may use an alternative
baseline emissions inventory provided that the year selected is between
the year of designation as nonattainment for that NAAQS and the year
that NAAQS was promulgated. All states associated with a multi-state
nonattainment area must consult and agree on a single alternative
baseline year. The emissions values included in the inventory required
by this section shall be actual ozone season day emissions as defined
by Sec.  51.1300(ee).
    (c) Milestones. (1) Applicable milestones. Consistent with CAA
section 182(g)(1) for each area classified Serious or higher, the state
shall determine at specified intervals whether each area has achieved
the reduction in emissions required under paragraphs (a)(2) through (4)
of this section. The initial determination shall occur 6 years after
the baseline year, and at intervals of every 3 years thereafter. The
reduction in emissions required by the end of each interval shall be
the applicable milestone.
    (2) Milestone compliance demonstrations. For each area subject to
the milestone requirements under paragraph (c)(1) of this section, not
later than 90 days after the date on which an applicable milestone
occurs (not including an attainment date on which a milestone occurs in
cases where the ozone standards have been attained), each state in
which all or part of such area is located shall submit to the
Administrator a demonstration that the milestone has been met. The
demonstration under this paragraph must provide for objective
evaluation of reasonable further progress toward timely attainment of
the ozone NAAQS in the area, and may take the form of:
    (i) Such information and analysis as needed to quantify the actual
reduction in emissions achieved in the time interval preceding the
applicable milestone; or
    (ii) Such information and analysis as needed to demonstrate
progress achieved in implementing the approved SIP control measures,
including RACM and RACT, corresponding with the reduction in emissions
achieved in the time interval preceding the applicable milestone.

Sec.  51.1311  [Reserved]

Sec.  51.1312   Requirements for reasonably available control
technology (RACT) and reasonably available control measures (RACM).

    (a) RACT requirement for areas classified pursuant to Sec.
51.1303. (1) For each nonattainment area classified Moderate or higher,
the state shall submit a SIP revision that meets the VOC and
NOX RACT requirements in CAA sections 182(b)(2) and 182(f).
    (2) SIP submission deadline. (i) For a RACT SIP required pursuant
to initial area designations, the state shall submit the RACT SIP for
each area no later than 24 months after the effective date of
designation for a specific ozone NAAQS.
    (ii) For a RACT SIP required pursuant to reclassification, the SIP
revision deadline is either 24 months from the effective date of
reclassification, or the deadline established by the Administrator in
the reclassification action.
    (iii) For a RACT SIP required pursuant to the issuance of a new
Control Techniques Guideline (CTG) under CAA section 183, the SIP
revision deadline is either 24 months from the date of CTG issuance, or
the deadline established by the Administrator in the action issuing the
CTG.
    (3) RACT implementation deadline. (i) For RACT required pursuant to
initial area designations, the state shall provide for implementation
of such RACT as expeditiously as practicable, but no later than January
1 of the 5th year after the effective date of designation.
    (ii) For RACT required pursuant to reclassification, the state
shall provide for implementation of such RACT as expeditiously as
practicable, but either no later than January 1 of the 3rd year after
the associated SIP revision submission deadline or the deadline
established by the Administrator in the final action issuing the area
reclassification.
    (iii) For RACT required pursuant to issuance of a new CTG under CAA
section 183, the state shall provide for implementation of such RACT as
expeditiously as practicable, but either no later than January 1 of the
3rd year after the associated SIP submission deadline or the deadline
established by the Administrator in the final action issuing the CTG.
    (b) Determination of major stationary sources for applicability of
RACT provisions. The amount of VOC and NOX emissions are to
be considered separately for purposes of determining whether a source
is a major stationary source as defined in CAA section 302.
    (c) Reasonably Available Control Measures (RACM) requirements. For
each nonattainment area required to submit an attainment demonstration
under Sec.  51.1308(a) and (b), the state shall submit with the
attainment demonstration a SIP revision demonstrating that it has
adopted all RACM necessary to demonstrate attainment as expeditiously
as practicable and to meet any RFP requirements. The SIP revision shall
include, as applicable, other control measures on sources of emissions
of ozone precursors located outside the nonattainment area or portion
thereof, located within the state if doing so is necessary to provide
for attainment of the applicable ozone NAAQS in such area by the
applicable attainment date.

Sec.  51.1313  Section 182(f) NOX exemption provisions.

    (a) A person or a state may petition the Administrator for an
exemption from NOX obligations under CAA section 182(f) for
any area designated nonattainment for a specific ozone NAAQS and for
any area in a CAA section 184 ozone transport region.
    (b) The petition must contain adequate documentation that the
criteria in CAA section 182(f) are met.
    (c) A CAA section 182(f) NOX exemption granted for a
prior revoked ozone NAAQS does not relieve the area from any
NOX obligations under CAA section 182(f) for a current ozone
NAAQS.

Sec.  51.1314  New source review requirements.

    The requirements for nonattainment NSR for the ozone NAAQS are
located in Sec.  51.165. For each nonattainment area, the state shall
submit a nonattainment NSR plan or plan revision for a specific ozone
NAAQS no later than 36 months after the effective date of the area's
designation of nonattainment or redesignation to nonattainment for that
ozone NAAQS.

Sec.  51.1315  Emissions inventory requirements.

    (a) For each nonattainment area, the state shall submit a base year
inventory

as defined by Sec.  51.1300(dd) to meet the emissions inventory
requirement of CAA section 182(a)(1). This inventory shall be submitted
no later than 24 months after the effective date of designation. The
inventory year shall be selected consistent with the baseline year for
the RFP plan as required by Sec.  51.1310(b).
    (b) For each nonattainment area, the state shall submit a periodic
emission inventory of emissions sources in the area to meet the
requirement in CAA section 182(a)(3)(A). With the exception of the
inventory year and timing of submittal, this inventory shall be
consistent with the requirements of paragraph (a) of this section. Each
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory
for the nonattainment area. This requirement shall apply until the area
is redesignated to attainment.
    (c) The emissions values included in the inventories required by
paragraphs (a) and (b) of this section shall be actual ozone season day
emissions as defined by Sec.  51.1300(ee).
    (d) In the inventories required by paragraphs (a) and (b) of this
section, state shall report emissions from point sources according to
the point source emissions thresholds of the Air Emissions Reporting
Requirements (AERR), 40 CFR part 51, subpart A.
    (e) The data elements in the emissions inventories required by
paragraphs (a) and (b) of this section shall be consistent with the
detail required by 40 CFR part 51, subpart A. Since only emissions
within the boundaries of the nonattainment area shall be included as
defined by Sec.  51.1300(ee), this requirement shall apply to the
emissions inventories required in this section instead of any total
county requirements contained in 40 CFR part 51, subpart A.

Sec.  51.1316  Requirements for an Ozone Transport Region.

    (a) In general. CAA sections 176A and 184 apply for purposes of the
2015 ozone NAAQS.
    (b) RACT requirements for certain portions of an Ozone Transport
Region. (1) The state shall submit a SIP revision that meets the RACT
requirements of CAA section 184(b) for all portions of the state
located in an ozone transport region.
    (2) SIP submission deadline. (i) For a RACT SIP required pursuant
to initial area designations, the state shall submit the RACT SIP
revision no later than 24 months after the effective date of
designation for a specific ozone NAAQS.
    (ii) For a RACT SIP required pursuant to reclassification, the SIP
revision deadline is 24 months from the effective date of
reclassification, or the Administrator will establish the SIP revision
submission deadline in the reclassification action.
    (iii) For a RACT SIP required pursuant to the issuance of a new
control techniques guideline (CTG) under CAA section 183, the SIP
revision deadline is 24 months from the date of CTG issuance, or the
Administrator will establish the SIP revision submission deadline in
the action issuing the CTG.
    (3) RACT implementation deadline. (i) For RACT required pursuant to
initial area designations, the state shall provide for implementation
of RACT as expeditiously as practicable, but no later than January 1 of
the 5th year after the effective date of designation.
    (ii) For RACT required pursuant to reclassification, the state
shall provide for implementation of such RACT as expeditiously as
practicable, but either no later than January 1 of the 3rd year after
the associated SIP revision submission deadline or no later than a
superseding deadline established by the Administrator in the final
action issuing the area reclassification.
    (iii) For RACT required pursuant to issuance of a new CTG under CAA
section 183, the state shall provide for implementation of such RACT as
expeditiously as practicable, but either no later than January 1 of the
3rd year after the associated SIP submission deadline or no later than
a superseding deadline established by the Administrator in the final
action issuing the CTG.

Sec.  51.1317  Fee programs for Severe and Extreme nonattainment areas
that fail to attain.

    For each area classified Severe or Extreme for a specific ozone
NAAQS, the state shall submit a SIP revision within 10 years of the
effective date of designation for that ozone NAAQS that meets the
requirements of CAA section 185.

Sec.  51.1318  Suspension of SIP planning requirements in nonattainment
areas that have air quality data that meet an ozone NAAQS.

    Upon a determination by EPA that an area designated nonattainment
for a specific ozone NAAQS has attained that NAAQS, the requirements
for such area to submit attainment demonstrations and associated
reasonably available control measures, reasonable further progress
plans, contingency measures for failure to attain or make reasonable
progress and other planning SIPs related to attainment of the ozone
NAAQS for which the determination has been made, shall be suspended
until such time as: The area is redesignated to attainment for that
NAAQS or a redesignation substitute is approved as appropriate, at
which time the requirements no longer apply; or EPA determines that the
area has violated that NAAQS, at which time the area is again required
to submit such plans.

Sec.  51.1319  Applicability.

    As of revocation of the 2008 ozone NAAQS, as set forth in Sec.
50.15(c), the provisions of Subpart CC shall replace the provisions of
subpart AA, Sec. Sec.  51.1100 to 51.1118, which cease to apply except
for Sec.  51.1107 for the anti-backsliding purposes of Sec.
51.1305(d)(2). See Subpart AA Sec.  51.1119.
0
6. In Appendix S to part 51, revise paragraphs IV.G.5. Introductory,
(i) and section VII to read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *

IV. * * *

G. * * *

* * * * *
    5. Interpollutant offsetting, or interpollutant trading or
interprecursor trading or interprecursor offset substitution. In
meeting the emissions offset requirements of paragraph IV.A,
Condition 3 of this Ruling, the emissions offsets obtained shall be
for the same regulated nonattainment NSR pollutant unless
interpollutant offsetting, interpollutant trading, interprecursor
trading or interprecursor offset substitution is permitted for a
particular pollutant as specified in this paragraph IV.G.5 and the
reviewing authority chooses to review such trading on a case by case
basis as described in this section.
    (i) The offset requirements of paragraph IV.A, Condition 3 of
this Ruling for emissions of the ozone precursors NOX and
VOC may be satisfied by offsetting reductions of emissions of either
of those precursors, if all other requirements contained in this
Ruling for such offsets are also satisfied. Such precursor
substitutions shall be made on a case-by-case basis, subject to the
approval of the reviewing authority and the Administrator, with the
permit applicant submitting the following information to the
reviewing authority:
    (a) A description of the air quality model(s) used to establish
the appropriate ratio for the precursor substitution;
    (b) a proposed ratio for the precursor substitution and
accompanying calculations;
    (c) a demonstration substantiating that the ratio achieves an
equivalent or greater air quality benefit for ozone in the
nonattainment area.
    (ii) * * *
* * * * *

VII. Anti-Backsliding Measures for Revoked Ozone NAAQS

    Nonattainment area new source review obligations for prior ozone
NAAQS.
    A. Except as provided in paragraph VII.B of this Ruling, an area
designated nonattainment for the 2015 ozone NAAQS and designated
nonattainment for a prior ozone NAAQS, as of the effective date of
the revocation of the respective prior ozone NAAQS, remains subject
to the obligation to adopt and implement the major source threshold
and offset ratio requirements for nonattainment NSR that apply or
applied to the area pursuant to sections 172(c)(5), 173 and 182 of
the CAA based on the highest of: (i) The area's classification under
section 181(a)(1) of the CAA for the 1-hour ozone NAAQS as of the
effective date of revocation of that NAAQS; (ii) the area's
classification under Sec.  51.903 for the 1997 ozone NAAQS as of the
effective date of revocation of the 1997 ozone NAAQS; (iii) the
area's classification under Sec.  51.1103 for the 2008 ozone NAAQS
as of the date a permit is issued or as of the effective date of
revocation of the 2008 ozone NAAQS, whichever is earlier; and (iv)
the area's classification under Sec.  51.1303 for the 2015 ozone
NAAQS.
    B.1. An area remains subject to the obligations for a revoked
NAAQS under paragraph VII.A of this Ruling until either: (i) The
area is redesignated to attainment for the 2015 ozone NAAQS, in
which case regulatory anti-backsliding requirements related to the
1997 and 2008 ozone standards are satisfied; or (ii) the EPA
approves a demonstration for the area in a redesignation substitute
procedure for a revoked NAAQS per the provisions of Sec.
51.1305(b). Under this redesignation substitute procedure for a
revoked NAAQS, and for this limited anti-backsliding purpose, the
demonstration must show that the area has attained that revoked
NAAQS due to permanent and enforceable emission reductions and that
the area will maintain that revoked NAAQS for 10 years from the date
of EPA's approval of this showing.
    2. Effect of redesignation to attainment for 2015 ozone NAAQS or
approval of a redesignation substitute for a revoked ozone NAAQS.
After redesignation to attainment for the 2015 ozone NAAQS, the
state may request that provisions for nonattainment NSR for the 1997
and 2008 ozone standards, if applicable, be removed from the SIP,
subject to the requirements of CAA sections 110(l) and 193. After
EPA approval of a redesignation substitute for a revoked NAAQS under
the provisions of Sec.  51.1305(b), the state may request that
provisions for nonattainment NSR for that revoked NAAQS be removed
from the SIP, subject to the requirements of CAA sections 110(l) and
193. Upon removal of nonattainment NSR provisions for a revoked
NAAQS, the state remains subject to the obligation to adopt and
implement the major source threshold and offset ratio requirements
for nonattainment NSR that apply or applied to the area for the
remaining applicable NAAQS consistent with paragraph VII.A of this
Ruling.
* * * * *
0
7. In Sec.  51.165, revise paragraphs (a)(11)(i) and (12) to read as
follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (11) * * *
    (i) The plan may allow the offset requirement in paragraph (a)(3)
of this section for emissions of the ozone precursors NOX
and VOC to be satisfied, where appropriate, by offsetting reductions of
emissions of either of those precursors, if all other requirements
contained in this section for such offsets are also satisfied.
    (A) The plan shall indicate whether such precursor substitutions
for ozone precursors are to be based on a default ratio for the
applicable ozone nonattainment area, case-by-case ratios established
for individual permits, or a combination of these approaches whereupon
a permit applicant may propose a case-by-case permit-specific ratio in
lieu of the default ratio for a particular ozone nonattainment area.
    (B) The plan shall include any default ratio for precursor
substitutions for ozone and shall be accompanied by a description of
the air quality model(s) used and the technical demonstration
substantiating the equivalent or greater air quality benefit for ozone
in the nonattainment area. Any default ratio for precursor
substitutions for ozone shall be subject to the approval of the
Administrator.
    (C) The plan shall provide that for any case-by-case ratios used
for individual permit, the ratio shall be approved by the reviewing
authority and the Administrator, and should require that the permit
applicant submit information to the reviewing authority, including the
proposed ratio for the precursor substitution for ozone, a description
of the air quality model(s) used, and the technical demonstration
substantiating the equivalent or greater air quality benefit for ozone
in the nonattainment area.
    (ii) The plan may allow the offset requirements in paragraph (a)(3)
of this section for direct PM2.5 emissions or emissions of
precursors of PM2.5 to be satisfied by offsetting reductions
in direct PM2.5 emissions or emissions of any
PM2.5 precursor identified under paragraph (a)(1)(xxxvii)(C)
of this section if such offsets comply with the interprecursor trading
hierarchy and ratio established in the approved plan for a particular
nonattainment area.
    (12) The plan shall require that in any area designated
nonattainment for the 2015 ozone NAAQS and designated nonattainment for
the 2008 ozone NAAQS as of the effective date of revocation of the 2008
ozone NAAQS, the requirements of this section applicable to major
stationary sources and major modifications of ozone shall include the
anti-backsliding requirements contained at Sec.  51.1305.
* * * * *

Appendix A to Subpart A of Part 51--Tables

0
8. In Appendix A to subpart A of part 51: Revise table 1 to read as
follows:

 Table 1 to Appendix A of Subpart A--Emission Thresholds \1\ by Pollutant for Treatment as Point Source Under 40
                                                    CFR 51.30
----------------------------------------------------------------------------------------------------------------
                                              Every-year                            Triennial
              Pollutant               --------------------------------------------------------------------------
                                         Type A sources \ 2\         Type B sources          NAA sources \3\
----------------------------------------------------------------------------------------------------------------
(1) SO2..............................  >=2500.................  >=100..................  >=100.
                                                                                PM2.5 (Serious) >=70.
(2) VOC..............................  >=250..................  >=100..................  >=100.
                                                                within OTR \4\ >=50....  within OTR >=50.
                                                                                O3 (Serious) >=50.
                                                                                O3 (Severe) >=25.
                                                                                O3 (Extreme) >=10.
                                                                                PM2.5 (Serious) >=70.
(3) NOX..............................  >=2500.................  >=100..................  >=100.
                                                                                O3 (Moderate within
                                                                                OTR) >=50.
                                                                                O3 (Serious) >=50.
                                                                                O3 (Severe) >=25.
                                                                                O3 (Extreme) >=10.

                                                                                PM2.5 (Serious) >=70.
(4) CO...............................  >=2500.................  >=1000.................  >=1000.
                                                                                CO (all areas) >=100.
(5) Lead.............................                           >=0.5 (actual).........  >=0.5 (actual).
(6) Primary PM10.....................  >=250..................  >=100..................  >=100.
                                                                                PM10 (Serious) >=70.
(7) Primary PM2.5....................  >=250..................  >=100..................  >=100.
                                                                                PM2.5 (Serious) >=70.
(8) NH3..............................  >=250..................  >=100..................  >=100.
                                                                                PM2.5 (Serious) >=70.
----------------------------------------------------------------------------------------------------------------
\1\ Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR
  part 70, with the exception of lead. Reported emissions should be in actual tons emitted for the required time
  period.
\2\ Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
\3\ NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for SO2, VOC, NOX,
  CO, PM10, PM2.5, and NH3.
\4\ OTR = Ozone Transport Region (see 40 CFR 51.1300(t)).

[FR Doc. 2016-27333 Filed 11-16-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53548]
[DOCID:fr19se07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP07-669-000]

National Fuel Gas Supply Corporation; Notice of Tariff Filing

September 13, 2007.
    Take notice that on August 31, 2007, National Fuel Gas Supply
Corporation, (National) tendered for filing as part of its FERC Gas
Tariff, Fourth Revised Volume No. 1, 105th Revised Sheet No. 9, to be
effective September 1, 2007.
    National states that Article II, sections 1 and 2 of the settlement
provide that National will recalculate the maximum Interruptible
Gathering (IG) rate semi-annually and monthly.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time September 18, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-18422 Filed 9-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Page 15385]
[FR Doc No: 2023-05016]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1236-000]

SR McNeal, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
SR McNeal, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 27, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05016 Filed 3-10-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Page 35697]
[FR Doc No: 2015-15269]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Flight Plans

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. Flight plan information is used to govern the flight of
aircraft for the protection and identification of aircraft and property
and persons on the ground. The use of form 7233-1, FAA Flight Plan, is
being removed from this information collection request. Effective
October 1, 2015, the civilian burden for all flight plan information,
both domestic and international, will be collected via form 7233-4, FAA
International Flight Plan. Form 7233-1 will continue to be used by
military respondents.

DATES: Written comments should be submitted by August 21, 2015.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 300, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    PUBLIC COMMENTS INVITED: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0026.
    Title: Flight Plans.
    Form Numbers: FAA form 7233-4.
    Type of Review: Revision of an information collection.
    Background: Title 49 U.S.C., paragraph 40103(b) authorizes
regulations governing the flight of aircraft. 14 CFR 91 prescribes
requirements for filing domestic and international flight plans.
Information is collected to provide services to aircraft inflight and
protection of persons/property on the ground.
    Respondents: Approximately 300,000 air carriers, operators and
pilots.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1-3 minutes.
    Estimated Total Annual Burden: 225,966 hours.

    Issued in Washington, DC on June 16, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2015-15269 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50430-50431]
[FR Doc No: 2013-20080]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2013-0020; OMB No. 1660-0114]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before September 18, 2013.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: FEMA Preparedness Grants: Port Security Grant Program
(PSGP).
    OMB Number: 1660-0114.
    Type of information collection: Revision of a currently approved
information collection.
    Form Titles and Numbers: FEMA Form 089-5, PSGP Investment
Justification.
    Abstract: The PSGP is an important tool among a comprehensive set
of measures to help strengthen the Nation against risks associated with
potential terrorist attacks. DHS/FEMA uses the information to evaluate
applicants' familiarity with the national preparedness architecture and
identify how elements of this architecture have been incorporated into
regional/state/local planning, operations, and investments.
    Affected Public: State, Local or Tribal Government; business or
other for-profit.

    Estimated Number of Respondents: 370.
    Estimated Total Annual Burden Hours: 17,414 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $921,374.74. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$897,447.60.

    Dated: August 9, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-20080 Filed 8-16-13; 8:45 am]
BILLING CODE 9111-19-P