[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 26025-26026]
[DOCID:fr08my08-21]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8564-1]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Deletion for the Tabernacle Drum Dump Superfund Site
from the National Priorities List.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 2 Office
announces the deletion of the Tabernacle Drum Dump Superfund Site from
the National Priorities List (NPL). The Tabernacle Drum Dump Site is
located in Tabernacle Township, Burlington County, New Jersey. The NPL
constitutes Appendix B to the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended.
EPA and the State of New Jersey, through the Department of
Environmental Protection (NJDEP) have determined that all appropriate
response actions have been implemented and no further response actions
are required. In addition, EPA and the NJDEP have determined that the
remedial action taken at the Tabernacle Drum Dump Site is protective of
public health, welfare, and the environment.

DATES: Effective Date: May 8, 2008.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-2005-0011. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers and viewing hours are: EPA's Region 2 Superfund Records
Center, 290 Broadway, Room 1828, New York, New York 10007-1866, (212)
637-4308. Hours: 9 a.m. to 5 p.m. Monday through Friday, excluding
holidays, by appointment only.
    Information on the Site is also available for viewing at the Site's
information repository located at: Tabernacle Municipal Building, 163
Carranza Road, Tabernacle, New Jersey 08088.

FOR FURTHER INFORMATION CONTACT: Douglas Tomchuk, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
19th Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is the
Tabernacle Drum Dump Superfund Site, located in Tabernacle Township,
Burlington County, New Jersey.
    A Notice of Intent to Delete for the Tabernacle Drum Dump Superfund
Site was published in the Federal Register on September 24, 2007. The
closing date for comments on the Notice of Intent to Delete was October
24, 2007. Two letters were received by EPA on the proposed deletion
during the public comment period. One of the letters simply asked for
clarification of the ability to continue site restoration after the
deletion. The second letter provided support for the deletion of the
Tabernacle Drum Dump Site. EPA responded to the letters in January
2008. A responsiveness summary was prepared and placed in both the
docket, EPA-HQ-SFUND-2005-0011, on http://www.regulations.gov, and in
the local repositories listed above.
    EPA's decision to propose the site for deletion was based on the
successful implementation of the remedy, which

included removal and off-site disposal of contaminated drums,
containers and soil from the disposal site, and ground water
extraction, treatment and re-injection into the ground, thereby
mitigating risks to human health and the environment. Post-remediation
ground water monitoring for five years confirmed that the remedy is
protective of human health and the environment.
    EPA identifies sites that appear to present a significant risk to
public health, welfare, or the environment and it maintains the NPL as
the list of those sites. As described in Sec.  300.425(e)(3) of the
NCP, any site or portion thereof deleted from the NPL remains eligible
for remedial actions in the unlikely event that conditions at the site
warrant such action in the future. Deletion of a site from the NPL does
not affect responsible party liability or impede agency efforts to
recover costs associated with response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution controls, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: April 11, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
For the reasons set out in the preamble, Part 300, Chapter I of Title
40 of the Code of Federal Regulations, is amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 42 U.S.C. 9601-9675; 33 U.S.C. 1321(c)(2); E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to Part 300 is amended by removing
``Tabernacle Drum Dump Superfund Site, Tabernacle Township, New
Jersey.''

[FR Doc. E8-10316 Filed 5-7-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54396]
[DOCID:fr19se08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-466-000]

El Paso Natural Gas Company; Notice of Request Under Blanket
Authorization

September 11, 2008.
    Take notice that on September 2, 2008, El Paso Natural Gas Company
(EPNG), Post Office Box 1087, Colorado Springs, Colorado 80944, filed
in Docket No.
    CP08-466-000, a prior notice request pursuant to sections 157.205,
157.208, and 157.216 of the Federal Energy Regulatory Commission's
regulations under the Natural Gas Act for authorization to decrease the
Maximum Allowable Operating Pressures (MAOP) of the Lakes Meter Station
Line (Line No. 20108) and the Chandler Line (Line No. 2029) and to
thereafter operate the lines at the lower MAOP, and abandon capacity on
Line No. 2029, located in Maricopa County, Arizona, all as more fully
set forth in the application, which is on file with the Commission and
open to public inspection. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, EPNG proposes to decrease the existing MAOP of Line
No. 20108 from 715 psig to 266 psig and Line No. 2029 from 650 psig to
430 psig. EPNG also proposes to decrease the existing design capacity
on Line No. 2029 from 34 MMcf/d to 27 MMcf/d. EPNG states that the
proposed MAOP decrease will not impair EPNG's ability to meet its
current contractual obligations on the two pipelines.
    Any questions regarding the application should be directed to
Richard Derryberry, Director, Regulatory Affairs Department, El Paso
Natural Gas Company, Post Office Box 1087, Colorado Springs, Colorado
80944, or call<PHONE_NUMBER>.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-21888 Filed 9-18-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2110-2111]
[FR Doc No: 2011-488]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8860-9]

Notice of Receipt of a Pesticide Petition Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of an initial
filing of a pesticide petition proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before February 11, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0996 and the pesticide petition number PP
0F7767, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0996 and the pesticide petition number PP 0F7767. EPA's policy is
that all comments received will be included in the docket without
change and may be made available on-line at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through regulations.gov or e-mail. The regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Wanda Henson, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially

affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or modification of regulations
in 40 CFR part 174 or part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petition described in this notice contains data or information
prescribed in FFDCA section 408(d)(2); however, EPA has not fully
evaluated the sufficiency of the submitted data at this time or whether
the data supports granting of the pesticide petition. Additional data
may be needed before EPA can make a final determination on this
pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this notice, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available on-line at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerance Exemption

    PP 0F7767. (EPA-HQ-OPP-2009-0996). Enviro Tech Chemical Services,
Inc., 500 Winmoore Way, Modesto, CA 95358, proposes to establish an
exemption from the requirement of a tolerance for residues of the
antimicrobial potassium hypochlorite, in or on apple; artichoke;
asparagus; brussel sprouts; carrot; cauliflower; celery; cherry;
cabbage; lettuce; fruits, citrus; cucumber; onion, green; melon; peach;
nectarine; plum; pear; pepper, bell; potato; radish; fruit, stone; and
tomato. The petitioner believes no analytical method is needed because
this petition requests the exemption from the requirement of a
tolerance.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: January 5, 2011.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2011-488 Filed 1-11-11; 8:45 am]
BILLING CODE 6560-50-P


Paul_ R._ Noe@ omb. eop. gov 08/ 26/ 2003 12: 47 AM To: Bill Wehrum/ DC/ USEPA/ US@ EPA, Bill Harnett/ RTP/ USEPA/ US@ EPA cc: Jeff Holmstead/ DC/ USEPA/ US@ EPA, Amy_ L._ Farrell@ omb. eop. gov, lee. otis@ hq. doe. gov Subject: Abt language Bills( See attached file: NSRinsertHarnettInserts. 1. doc):

As you requested, attached is the material from the Abt study on disincentives under the old approach and benefit of greater clarity.

File attached: NSRinsertHarnettInserts. 1. doc ( Attachment is a separate docket entry.)


[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Rules and Regulations]
[Page 37945-37948]
[DOCID:fr30jy09-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0592(a); FRL-8937-2]

Approval and Promulgation of Air Quality Implementation Plans--
Alabama: Birmingham 1997 8-Hour Ozone Contingency Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Alabama State Implementation Plan (SIP), submitted by the Alabama
Department of Environmental Management (ADEM), on February 6, 2008, to
adopt contingency measures in the form of permit conditions for two
cement kilns. These contingency measures are for the maintenance of the
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) in
Jefferson and Shelby Counties (``Birmingham Area''). On May 12, 2006,
EPA approved the 8-hour ozone redesignation of the Birmingham Area from
nonattainment to attainment for the 1997 8-hour ozone NAAQS (see, 71 FR
27631). Additional measures may be necessary in the future; however,
these revisions qualify as contingency measures as required under
Section 175A(d) of the Clean Air Act (CAA).
    When the Birmingham Area was redesignated to attainment, Alabama
was also required to submit a maintenance plan which included
provisions for contingency measures should the Area violate the
standard after being redesignated to attainment. The May 12, 2006,
maintenance plan was designed to keep the Birmingham Area in attainment
through 2017, initially, with a later extension of the maintenance plan
to include a time period of no less than 20 years after the Area was
redesignated originally. After attaining the 1997 8-hour ozone standard
based on 2003-2005 ambient air monitoring data, the Birmingham Area
violated the standard with 2004-2006 ambient air monitoring data. The
February 6, 2008, SIP revision, provided by Alabama for EPA approval,
was submitted to fulfill ADEM's commitment to adopt within 18 months of
a violation of the 1997 8-hour ozone standard, one or more contingency
measures to help the Area re-attain the standard. EPA is approving
these revisions pursuant to section 110 of the CAA. On March 27, 2008,
EPA issued a revised ozone standard (see, 73 FR 16436). This action,
however, is being taken to address requirements under the 1997 8-hour
ozone standard. EPA will address the Birmingham compliance with the
2008 8-hour ozone standard in the future.

DATES: This rule is effective on September 28, 2009 without further
notice, unless EPA receives adverse comment by August 31, 2009. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0592 by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2008-0592,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2008-0592.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Harder may be
reached by phone at<PHONE_NUMBER>, or by electronic mail at
<EMAIL_ADDRESS>For information relating to the Alabama SIP,
contact Mr. Zuri Farngalo by phone at<PHONE_NUMBER>, or by electronic
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of State's Submission
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On April 15, 2004, EPA designated the Birmingham Area as
nonattainment for the 1997 8-hour ozone standard under title 1, part D,
subpart 1 of the CAA. For the 1997 8-hour ozone standard the Birmingham
Area is comprised of Jefferson and Shelby Counties in Alabama. EPA's
designations for the 1997 8-hour ozone standard were published in the
Federal Register on April, 30 2004, (69 FR 23858) and became effective
on June 15, 2004. As an area designated as nonattainment for the 1997
8-hour ozone standard under Subpart 1 of the CAA, the Birmingham Area
had a required attainment date of ``as expeditiously as practicable''
but no later than June 15, 2009.
    On November 16, 2005, after air quality data indicated
improvements, ADEM submitted a request for EPA to redesignate the
Birmingham Area to attainment for the 1997 8-hour ozone standard. Also,
as required, ADEM submitted for EPA approval, the initial maintenance
plan to show continued maintenance for the first 11 years of the 20
year maintenance period. ADEM's redesignation request was based on
three years, 2003 to 2005, of ambient monitoring data for the
Birmingham Area, which indicated the Birmingham Area had a design value
of 0.072 parts per million (ppm). The design value for the Birmingham
Area based on 2004-2006 was 0.078 ppm. Both the 2003-2005 and the 2004-
2006 design values met the requirement of 0.080 ppm for attainment for
the 1997 8-hour ozone standard.
    In an action published on January 25, 2006, (71 FR 4077), EPA
proposed to approve the redesignation of the Birmingham Area to
attainment. EPA also proposed approval of the State's plan for
maintaining the 1997 8-hour ozone NAAQS through the initial period of
2006-2017 as a SIP revision. ADEM submitted a final, adopted SIP
revision and redesignation request to EPA on January 27, 2006. On May
12, 2006, EPA published a final rule in the Federal Register (71 FR
27631), effective June 12, 2006, which approved the redesignation
request and changed the legal designation of Jefferson and Shelby
Counties in Alabama from nonattainment to attainment for the 1997 8-
hour ozone standard. This rule also approved ADEM's 8-hour ozone
maintenance plan for the 1997 standard for the Birmingham Area pursuant
to section 175A of the CAA.
    Section 175A of the CAA, requires a maintenance plan to become part
of the SIP for areas redesignated to attainment and provide for
maintenance of the air quality in the affected area for at least 20
years after the redesignation. Specifically, the CAA requirement is
that an initial maintenance plan that is at least 10 years in length
(i.e., after EPA's expected approval) be submitted with the
redesignation request. Subsequently, eight years after redesignation
and submittal of the initial maintenance plan, the State is required to
submit an additional maintenance plan that shows continued maintenance
for the remainder for a 20-year period. Alabama chose 2017 as the end
year for the initial maintenance plan for the Birmingham Area. Also
included in Alabama's initial maintenance plan were contingency
provisions as required by section 175(d) of the CAA. The purpose of the
contingency provisions is to provide for prompt corrections for any
violation of the standard that occurred in an area that was
redesignated from nonattainment to attainment.
    In its May 12, 2006, maintenance plan, Alabama committed to adopt
within 18 months of a violation of the 1997 8-hour ozone standard, one
or more control measures to help the area reattain the standard. The
plan stated that the State of Alabama would use actual ambient
monitoring as the indicator or trigger to determine when these
contingency measures would be implemented. In accordance with 40 CFR
58, ambient ozone monitoring data that indicates a future violation of
the ozone NAAQS will begin the process to implement contingency
measures. In the event that an individual monitor in the nonattainment
area recorded an annual fourth high reading of 0.085 ppm or higher, or
if periodic emissions inventory updates revealed excessive or
unanticipated growth greater than 10 percent in emission of either
ozone precursor, ADEM agreed in the May 12, 2006, maintenance plan that
the State would evaluate existing control measures to determine whether
any further emission reduction measures should be implemented. Under
Section 175A(d), the minimum requirements for these contingency
measures required the implementation of all measures that were
contained in the SIP before the redesignation.
    The Helena monitor, located in Shelby County and typically the
controlling monitor for the Birmingham Area, violated the 1997 8-hour
ozone NAAQS during 2004-2006 data with a reading of 0.085 ppm, although
the overall design value for the Birmingham Area for that same period
was 0.078 ppm. Under Section 175A(d), the minimum requirements for
these contingency measures require the implementation of all measures
that were contained in the SIP prior to the redesignation. Alabama has
maintained all measures that were contained in the SIP prior to the
redesignation. Also, in accordance with requirements of the CAA,
Alabama committed to adopt one or more contingency measures within 18
months of a violation of the 1997 8-hour ozone standard, in order to
reattain the standard. To help correct the violation, Alabama evaluated
and subsequently identified nitrogen oxide (NOX) controls
for installation at two facilities in the Birmingham Area. More
information on Alabama's analysis is provided below. Additional
measures may be necessary in the future; however, these revisions
qualify as contingency measures under the requirements of Section
175A(d) of the CAA.

II. Analysis of State Submission

    On February 6, 2008, Alabama submitted a SIP revision to EPA for
approval to incorporate into the SIP specific contingency measures to
help the Birmingham Area attain the 1997 8-hour ozone standard.
Specially, the February 6, 2008, submittal provided for controls at
Lehigh Cement in Jefferson County and Lafarge Building Materials in
Shelby County. After an extensive study in the early 1990s, for ozone
formation in the Birmingham Area, Alabama concluded the best focus was
on a reduction on NOX emissions as opposed to Volatile
Organic Compounds.
    Both the Lehigh Cement facility in Jefferson County and the Lafarge
Building Materials facility in Shelby County operate cement kilns that
combust coal and utilize low NOX burners to minimize
emissions. The Lehigh kiln is a preheater type kiln while the Lafarge
kiln is a preheater/precalciner kiln. NOX is generated in
the kilns during combustion through the oxidation of fuel-bound
nitrogen (fuel NOX) and by the oxidation of atmospheric
nitrogen (thermal NOX). NOX control can be
achieved by minimizing the creation of NOX in the combustion
device (i.e., low NOX burners) and by the addition of add-on
controls. Selective Noncatalytic Reduction (SNCR) is a post-combustion
(add-on) technology that was installed, and is based on the chemical
reduction of NOX into molecular nitrogen (N2) and
water vapor (H20). A nitrogen based

reducing agent (reagent), such as ammonia or urea, is injected into the
post-combustion flue gas. The reduction reactions that occur due to the
operation of the SNCR reduce the amount of NOX emitted into
the atmosphere.
    Alabama's February 6, 2008, SIP revision requests to include
specific provisos into the SIP related to the permits for the Lafarge
and Leigh cement kilns. Specifically, Alabama is including the
following for incorporation into the SIP, which can be found in
Appendix A of the submittal:
    Lafarge: Fuel Processing & Handling Cement Kiln & Clinker Cooler
Area 300:
    Emissions Standards: 15 & 16.
    Compliance and Performance Test Methods and Procedures: 10.
    Emissions Monitoring: 8, 9, & 10.
    Recordkeeping and Reporting Requirements: 8.
    Lehigh: Emissions Unit No. 005 = Rotary Kiln
    Permit Conditions: 45-48.

The permit conditions for the cement kiln (Emissions Unit No. 5) at
Lehigh Cement and the cement kiln at Lafarge were adopted in early 2008
after a public comment period for these revisions. Specifically, the
public comment period for the Lafarge permit revisions was September 19
through October 19, 2007. The public comment period for the Lehigh
permit revisions was July 23 through August 21, 2007. The revised
permits can be found in Appendix A of Alabama's February 6, 2008, SIP
revision.
    According to ADEM's February 6, 2009 submittal, it is projected
that an overall NOX reduction of 20-25 percent is expected
from the two plants as a result of the installation of the SNCR.
Specifically, 2009 ozone season NOX emissions were projected
to be approximately 1,149 and 651 tons from Lehigh and Lafarge,
respectively. Therefore, it is expected that the installation of the
SNCRs should result in an approximate ozone season NOX
reduction of 360-450 tons.

III. Final Action

    EPA is taking direct final action to approve specific permit
conditions for two cement kilns in the Birmingham Area as implemented
contingency measures. The specific conditions were provided to fulfill
ADEM's requirement to address a violation of the 1997 8-hour ozone
standard for the Birmingham Area. After careful evaluation, EPA has
determined that ADEM's submittal meets the applicable requirements of
the CAA and EPA regulations, and is consistent with EPA policy.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comment be filed. This rule will be effective on September 28,
2009 without further notice unless the Agency receives adverse comment
by August 31, 2009. If EPA receives such comments, then EPA will
publish a document withdrawing the final rule and informing the public
that the rule will not take effect. All public comments received will
then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. If no
such comments are received, the public is advised this rule will be
effective on September 28, 2009 and no further action will be taken on
the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves Alabama law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the

proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.

     Dated: July 16, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

0
2. Section 52.50(d), is amended by adding new entries to the table for
``Lafarge Cement Kiln'' and ``Lehigh Cement Kiln'' to read as follows:

Sec.  52.50   Identification of plan.

* * * * *
    (d) * * *

                                                    EPA-Approved Alabama Source Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           Name of source                    Permit No.        submittal date/    EPA approval date                       Explanations
                                                               effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lafarge Cement Kiln.................  AB70004--1--01.........        2/6/2008  7/30/2009 [Insert        Certain provisions of the permit.
                                                                                citation of
                                                                                publication].
Lehigh Cement Kiln..................  4-07-0290-03...........        2/6/2008  7/30/2009 [Insert        Certain provisions of the permit.
                                                                                citation of
                                                                                publication].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-18026 Filed 7-29-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14795]
[DOCID:fr29mr07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approval of Use of the Traditional Licensing
Process

March 23, 2007.
    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 12455-003.
    c. Dated Filed: September 1, 2006.
    d. Submitted by: Borough of Leighton, Pennsylvania.
    e. Name of Project: Beltzville Hydroelectric Project.
    f. Location: The project would be connected to the U.S. Army Corps
of Engineers Beltzville Dam, located on Pohopoco Creek, in the Borough
of Leighton, Carbon County, Pennsylvania.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Applicant Contact: Mr. John F. Hanosek, P.E., Borough Manager,
P.O. Box 29, Municipal Building, Second and South Street, Leighton, PA
18235,<PHONE_NUMBER>.
    i. FERC Contact: Jack Hannula,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. The Borough of Leighton, Pennsylvania filed its request to use
the Traditional Licensing Process on August 31, 2006. The Borough of
Leighton, Pennsylvania filed public notice of its request on September
19, 2006. In a letter dated October 27, 2006, the Director of the
Office of Energy Projects approved the Borough of Leighton,
Pennsylvania's request to use the Traditional Licensing Process.
    k. The Borough of Leighton, Pennsylvania filed a Pre-Application
Document (PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    l. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket

number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, of for TTY,

(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://ferc.gov/docs-filing/esubscription.asp to

be notified via e-mail of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5762 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78418]
[DOCID:fr29de06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-116-000]

National Fuel Gas Supply Corporation; Notice Of Proposed Changes
In Ferc Gas Tariff

December 22, 2006.
    Take notice that on December 21, 2006, National Fuel Gas Supply
Corporation (National) tendered for filing as part of its FERC Gas
Tariff, Fourth Revised Volume No. 1, Twenty Ninth Revised Sheet No. 8,
with a proposed effective date of January 1, 2007.
    National states that copies of its filing were served upon the its
jurisdictional customers and the regulatory commissions of the States
of New York, Ohio, Pennsylvania, Delaware, Massachusetts, and New
Jersey.
    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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
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 online 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-22377 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P