[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Proposed Rules]
[Pages 22441-22444]
[FR Doc No: 2015-09219]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM15-4-000]

Disturbance Monitoring and Reporting Requirements Reliability
Standard

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to approve
Reliability Standard PRC-002-2 (Disturbance Monitoring and Reporting
Requirements) submitted by the North American Electric Reliability
Corporation. The purpose of proposed Reliability Standard PRC-002-2 is
to have adequate data available to facilitate analysis of bulk electric
system disturbances.

DATES: Comments are due June 22, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Juan R. Villar (Technical Information), Office of Electric Reliability,
Division of Reliability Standards and Security, 888 First Street NE.,
Washington, DC 20426, Telephone:<PHONE_NUMBER><EMAIL_ADDRESS>
Alan Rukin (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, Telephone:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: 1. Pursuant to section 215 of the Federal
Power Act (FPA), the Federal Energy Regulatory Commission (Commission)
proposes to approve proposed Reliability Standard PRC-002-2
(Disturbance Monitoring and Reporting Requirements).\1\ The North
American Electric Reliability Corporation (NERC), the Commission-
certified Electric Reliability Organization (ERO), submitted proposed
Reliability Standard PRC-002-2 for approval. The purpose of proposed
Reliability Standard PRC-002-2 is to have adequate data available to
facilitate analysis of bulk electric system disturbances. In addition,
the Commission proposes to approve the associated violation risk
factors and violation severity levels, implementation plan, and
effective date proposed by NERC.
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    \1\ 16 U.S.C. 824o.
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I. Background

A. Section 215 and Mandatory Reliability Standards

    2. Section 215 of the FPA requires a Commission-certified ERO to
develop mandatory and enforceable Reliability Standards, subject to
Commission review and approval.\2\ Once approved, the Reliability
Standards may be enforced by the ERO subject to Commission oversight,
or by the Commission independently.\3\ In 2006, the Commission
certified NERC as the ERO pursuant to FPA section 215.\4\
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    \2\ Id. 824o(c) and (d).
    \3\ Id. 824o(e).
    \4\ North American Electric Reliability Corp., 116 FERC ] 61,062
(ERO Certification Order), order on reh'g and compliance, 117 FERC ]
61,126 (2006), order on compliance, 118 FERC ] 61,190, order on
reh'g, 119 FERC ] 61,046 (2007), rev. denied sub nom. Alcoa Inc. v.
FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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B. Order No. 693

    3. On March 16, 2007, the Commission issued Order No. 693,
approving 83 of the 107 Reliability Standards filed by NERC, including
Reliability Standard PRC-018-1.\5\ Reliability Standard PRC-018-1
requires the installation of disturbance monitoring equipment and the
reporting of disturbance data in accordance with comprehensive
requirements.\6\
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    \5\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, FERC Stats. and Regs. ] 31,242, order on reh'g, Order
No. 693-A, 120 FERC ] 61,053 (2007).
    \6\ Id. at PP 1550-1551.
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    4. In Order No. 693, the Commission determined that proposed
Reliability Standard PRC-002-1 was a ``fill-in-the-blank'' Reliability
Standard because it required Regional Reliability Organizations to
establish requirements for installation of disturbance monitoring
equipment and report disturbance data to facilitate analyses of events
and verify system models.\7\ The Commission stated that it would not
approve or remand proposed Reliability Standard PRC-002-1 until NERC
submitted additional necessary information to the Commission.\8\
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    \7\ Id. at P 1451.
    \8\ Id. at P 1456.
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C. NERC Petition and Proposed Reliability Standard PRC-002-2

    5. On December 15, 2014, NERC submitted a petition seeking
Commission approval of proposed Reliability Standard PRC-002-2.\9\ NERC
contends that proposed Reliability Standard PRC-002-2 is just,
reasonable, not unduly discriminatory or preferential, and in the
public interest. NERC explains that the proposed Reliability Standard
consolidates the requirements of unapproved Reliability Standard PRC-
002-1 and currently-effective Reliability Standard PRC-018-1.\10\
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    \9\ Proposed Reliability Standard PRC-002-2 is not attached to
this Notice of Proposed Rulemaking. The proposed Reliability
Standard is available on the Commission's eLibrary document
retrieval system in Docket No. RM15-4-00 and is posted on NERC's Web
site, available at http://www.nerc.com.
    \10\ NERC Petition at 15.
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    6. NERC states that it is important to monitor and analyze
disturbances to plan and operate the Bulk-Power System to avoid
instability, separation and cascading failures.\11\ NERC maintains that
the proposed Reliability Standard improves reliability by providing
personnel with necessary data to enable more effective post event
analysis, which can also be used to verify system models.\12\ Moreover,
NERC explains that the proposed Reliability Standard ``focuses on
ensuring that the requisite data is captured and the Requirements
constitute a results[hyphen]based approach to capturing data.'' \13\
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    \11\ Id. at 13. NERC defines a ``Disturbance'' as: ``(1) an
unplanned event that produces an abnormal system condition; (2) any
perturbation to the electric system; [or] (3) the unexpected change
in [area control error] that is caused by the sudden failure of
generation or interruption of load.'' Id. (quoting Glossary of Terms
Used in NERC Reliability Standards at 30).
    \12\ Id. at 15.
    \13\ Id. at 14-15.
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    7. NERC states that, in the United States, proposed Reliability
Standard PRC-002-2 will apply to planning coordinators in the Eastern
Interconnection, planning coordinators or the reliability coordinator
in the Electric Reliability Council of Texas (ERCOT) Interconnection,
and the reliability coordinator in the Western Interconnection, which
are collectively referred to as ``Responsible Entities.'' The proposed
Reliability Standard will also apply to transmission owners and
generation owners.
    8. NERC states that proposed Reliability Standard PRC-002-2

includes 12 Requirements. Requirement R1 requires transmission owners:
(1) To identify bulk electric system buses, e.g., substations, for
which sequence of event recording and fault record data is required;
(2) to notify other owners of bulk electric system elements connected
to those particular bulk electric system buses where sequence of event
recording and fault record data will be necessary; and (3) to re-
evaluate all bulk electric system buses every five years. Requirement
R2 requires transmission owners and generation owners to collect
sequence of event data. Requirement R3 and Requirement R4 require
transmission owners and generation owners to collect fault recording
data and parameters of that data. Requirement R5 through Requirement R9
lay out thresholds where dynamic disturbance recording data are
required and provide more specifics on its collection. Requirement R10
requires transmission owners and generation owners to time synchronize
the recordings. According to NERC, Requirement R10 provides the
synchronization requirements in response to Recommendation No. 28 from
the final report on the August 2003 blackout issued by the U.S.-Canada
Power System Outage Task Force (Blackout Report).\14\ Requirement R11
requires transmission owners and generation owners to provide sequence
of event recording, fault recording and dynamic disturbance recording
data upon request and establishes specific guidelines to ensure that
data can be used in the analysis of events. Requirement R12 requires
transmission owners and generation owners to restore the recording
capability of the equipment used to record disturbances, if this
capability is interrupted.
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    \14\ NERC Petition at 35-36 (quoting U.S.-Canada Power System
Outage Task Force, Final Report on the August 14, 2003 Blackout in
the United States and Canada: Causes and Recommendations at 162
(Apr. 2004), available at http://energy.gov/sites/prod/files/oeprod/DocumentsandMedia/BlackoutFinal-Web.pdf).
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    9. NERC proposes an implementation plan that includes an effective
date for proposed Reliability Standard PRC-002-2 that is the first day
of the first calendar quarter that is six months after the date that
the Commission approves the standard. Concurrent with the effective
date, the implementation plan calls for the retirement of currently-
effective Reliability Standard PRC-018-1 and ``pending'' Reliability
Standard PRC-002-1.\15\
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    \15\ Id. at Ex. B (Implementation Plan).
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II. Discussion

    10. Pursuant to section 215(d)(2) of the FPA, the Commission
proposes to approve proposed Reliability Standard PRC-002-2 as just,
reasonable, not unduly discriminatory or preferential, and in the
public interest. The Commission also proposes to approve the associated
violation risk factors and violation severity levels, implementation
plan, and effective date proposed by NERC. Further, the Commission
proposes to approve the retirement of ``pending'' Reliability Standard
PRC-002-1 and currently-effective Reliability Standard PRC-018-1, as
proposed by NERC.\16\
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    \16\ As noted above, the Commission in Order No. 693 did not
approve proposed Reliability Standard PRC-002-1 but, rather, took no
action on the Reliability Standard pending the receipt of additional
information. Order No. 693, FERC Stats. and Regs. ] 31,242 at P
1456. Approval of Reliability Standard PRC-002-2, as proposed
herein, will render PRC-002-1 ``retired,'' i.e., withdrawn, and no
longer pending before the Commission.
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    11. Proposed Reliability Standard PRC-002-2 enhances reliability by
imposing mandatory requirements concerning the monitoring and reporting
of disturbances. Proposed Reliability Standard PRC-002-2 provides
greater continent-wide consistency regarding collection methods for
data used in the analysis of disturbances on the Bulk-Power System.
Specifically, proposed Reliability Standard PRC-002-2 enhances
reliability by consistently requiring covered entities to collect time-
synchronized information and to report disturbances on the Bulk-Power
System. Accordingly, proposed Reliability Standard PRC-002-2 satisfies
the relevant directive in Order No. 693.\17\ In addition, we agree with
NERC that Reliability Standard PRC-018-1 can be retired due to its
consolidation with proposed Reliability Standard PRC-002-2.
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    \17\ Order No. 693, FERC Stats. and Regs. ] 31,242 at P 1456
(``the ERO should consider whether greater consistency can be
achieved'' regarding disturbance monitoring and reporting).
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III. Information Collection Statement

    12. The collection of information addressed in this Notice of
Proposed Rulemaking is subject to review by the Office of Management
and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act
of 1995.\18\ OMB's regulations require approval of certain information
collection requirements imposed by agency rules.\19\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to these collections
of information unless the collections of information display a valid
OMB control number.
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    \18\ 44 U.S.C. 3507(d).
    \19\ 5 CFR 1320.11.
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    13. We solicit comments on the need for this information, whether
the information will have practical utility, the accuracy of the burden
estimates, ways to enhance the quality, utility, and clarity of the
information to be collected or retained, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques. Specifically, the Commission asks that any
revised burden or cost estimates submitted by commenters be supported
by sufficient detail to understand how the estimates are generated.
    14. Public Reporting Burden: The number of respondents below is
based on an examination of the NERC compliance registry for
transmission owners and generation owners and the estimation of how
many entities from that registry will be affected. At the time of
Commission review of proposed Reliability Standard PRC-002-2, 330
transmission owners and 914 generation owners in the United States are
registered in the NERC compliance registry. The Commission estimates
that two-thirds (216) of these registered transmission owners will need
to comply with at least one of the requirements contained in proposed
Reliability Standard PRC-002-2. The Commission notes that many
generation sites share a common generation owner. Due to the nature of
this task, it is likely generator owners will manage this information
aggregation task using a centralized staff. Therefore, we estimate that
one-third of the generation owners (305) will have to meet the
requirements contained in proposed Reliability Standard PRC-002-2.
Finally, the Commission finds the number of ``Responsible Entities''
\20\ in the United States to equal fifty, based on the NERC compliance
registry. The following table illustrates the burden to be applied to
the information collection.\21\
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    \20\ As discussed above, proposed Reliability Standard PRC-002-2
defines the term ``Responsible Entity'' to include planning
coordinators in the Eastern Interconnection, the reliability
coordinator in the Western Interconnection, and planning
coordinators or the reliability coordinator in the ERCOT
Interconnection.
    \21\ In the burden table, engineering is abbreviated as ``Eng.''
and record keeping is abbreviated as ``R.K.''

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                                                Annual number                   Average burden    Annual burden
  Requirement and respondent      Number of     of responses    Total number   hours & cost per   hours & total
    category for PRC-002-2       respondents   per respondent   of responses     response \22\     annual cost
                                     (1)             (2)        (1)*(2) = (3)         (4)         (3)*(4) = (5)
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R1. Each Transmission Owner..             324               1             324  (Eng.) 24 hrs.    11,664 hrs.
                                                                                ($1,568.16);      (7776 Eng.,
                                                                                (R.K.) 12 hrs.    3888 R.K.);
                                                                                ($401.04).        $638,020.80
                                                                                ($508,083.84
                                                                                Eng.,
                                                                                $129,936.96
                                                                                R.K.)
R2. Each Transmission Owner               521               1             521  (Eng.) 10 hrs.    7,294 hrs.
 and Generator Owner.                                                           ($653.40);        (5210 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $410,068.68
                                                                                ($340,421.40
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R3 & R4. Each Transmission                521               1             521  (Eng.) 10 hrs.    7,294 hrs.
 Owner and Generator Owner.                                                     ($653.40);        (5210 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $410,068.68
                                                                                ($340,421.40
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R5. Each Responsible Entity..              50               1              50  (Eng.) 24 hrs.    1,800 hrs.
                                                                                ($1,568.16);      (1200 Eng.,
                                                                                (R.K.) 12 hrs.    600 R.K.);
                                                                                ($401.04).       $98,460
                                                                                ($78,408 Eng.,
                                                                                $20,052 R.K.)
R6. Each Transmission Owner..             216               1             216  (Eng.) 10 hrs.    3,024 hrs.
                                                                                ($653.40);        (2160 Eng.,
                                                                                (R.K.) 4 hrs.     864 R.K.);
                                                                                ($133.68).       $170,009.28
                                                                                ($141,134.40
                                                                                Eng.,
                                                                                $28,874.88
                                                                                R.K.)
R7. Each Generator Owner.....             305               1             305  (Eng.) 10 hrs.    4,270 hrs.
                                                                                ($653.40);        (3050 Eng.,
                                                                                (R.K.) 4 hrs.     1220 R.K.);
                                                                                ($133.68).       $240,059.40
                                                                                ($199,287
                                                                                Eng.,
                                                                                $40,772.40
                                                                                R.K.)
R8. Each Transmission Owner               521               1             521  (Eng.) 10 hrs.    7,294 hrs.
 and Generator Owner.                                                           ($653.40);        (5210 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $410,068.68
                                                                                ($340,421.40
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R9. Each Transmission Owner               521               1             521  (Eng.) 10 hrs.    7,294 hrs.
 and Generator Owner.                                                           ($653.40);        (5210 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $410,068.68
                                                                                ($340,421.40
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R10. Each Transmission Owner              521               1             521  (Eng.) 10 hrs.    7,294 hrs.
 and Generator Owner.                                                           ($653.40);        (5210 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $410,068.68
                                                                                ($340,421.40
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R11. Each Transmission Owner              521               1             521  (Eng.) 8 hrs.     6,252 hrs.
 and Generator Owner.                                                           ($522.72);        (4168 Eng.,
                                                                                (R.K.) 4 hrs.     2084 R.K.);
                                                                                ($133.68).       $341,984.4
                                                                                ($272,337.12
                                                                                Eng.,
                                                                                $69,647.28
                                                                                R.K.)
R12. Each Transmission Owner               52               1              52  (Eng.) 10 hrs.    728 hrs. (520
 and Generator Owner \23\.                                                      ($653.40);        Eng., 208
                                                                                (R.K.) 4 hrs.     R.K.);
                                                                                ($133.68).       $40,928.16
                                                                                ($33,976.80
                                                                                Eng.,
                                                                                $6,951.36
                                                                                R.K.)
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ..............  ................  64,208 hrs.
                                                                                (44,924 Eng.,
                                                                                19,284 R.K.);
                                                                                $3,579,805.44
                                                                                ($2,935,334.16
                                                                                Eng.,
                                                                                $644,471.28
                                                                                R.K.)
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    \22\ The estimates for cost per response are derived using the
following formula: Burden Hours per Response * $/hour = Cost per
Response. The $65.34/hour figure for an engineer and the $33.42/hour
figure for a record clerk are based on the average salary plus
benefits data from Bureau of Labor Statistics.
    \23\ The Commission estimates that 10% (or 52) of the 521
registered entities will have to restore recording capability or
institute a corrective action plan (CAP) each year.
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    Title: FERC-725G2 \24\ Disturbance Monitoring and Reporting
Requirements.
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    \24\ FERC-725G2 is temporarily being used because FERC-725G (OMB
Control No. 1902-0252) is currently pending review at OMB.
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    Action: Revision to existing collection.
    OMB Control No: To be determined.
    Respondents: Business or other for profit, and not for profit
institutions.
    Frequency of Responses: Annually.
    Necessity of the Information: Proposed Reliability Standard PRC-
002-2 sets forth requirements for disturbance monitoring and reporting
requirements that will ensure adequate data are available to facilitate
analysis of bulk electric system disturbances.
    Internal review: The Commission has assured itself, by means of its
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
    15. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First

Street NE., Washington, DC 20426 [Attention: Ellen Brown, email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].
    16. Comments concerning the information collection proposed in this
Notice of Proposed Rulemaking and the associated burden estimates,
should be sent to the Commission in this docket and may also be sent to
the Office of Management and Budget, Office of Information and
Regulatory Affairs [Attention: Desk Officer for the Federal Energy
Regulatory Commission]. For security reasons, comments should be sent
by email to OMB at the following email address:
<EMAIL_ADDRESS>Please reference FERC-725G2 and the docket
numbers of this Notice of Proposed Rulemaking (Docket No. RM15-4-000)
in your submission.

IV. Environmental Analysis

    17. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\25\ This
action has been categorically excluded under section 380.4(a)(2)(ii) of
the Commission's regulations, addressing the collection of
information.\26\
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    \25\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. Preambles 1986-1990 ] 30,783 (1987).
    \26\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act

    18. The Regulatory Flexibility Act of 1980 (RFA) \27\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
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    \27\ 5 U.S.C. 601-612.
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    19. The Small Business Administration (SBA) revised its size
standards (effective January 22, 2014) for electric utilities from a
standard based on megawatt hours to a standard based on the number of
employees, including affiliates. Under SBA's new standards, some
transmission owners and generation owners will possibly fall under the
following category and associated size threshold: Electric bulk power
transmission and control at 500 employees; hydroelectric power
generation at 500 employees; fossil fuel electric power generation at
750 employees; nuclear electric power generation at 750 employees.
    20. The Commission estimates that the number of applicable small
entities will be minimal due to the gross million volt amps (MVA)
thresholds embedded into proposed Reliability Standard PRC-002-2, which
focus information collection on bulk electric system facilities having
Interconnection-wide impacts worthy of collecting. The proposed
Reliability Standard applies to approximately 526 entities in the
United States. The Commission estimates, applying the MVA thresholds
above, that approximately 52 (or 10 percent of the 521) are small
entities. The Commission estimates for these small entities, proposed
Reliability Standard PRC-002-2 Requirement R1 may need to be evaluated
and documented every five years with costs of $9,847 for each
evaluation. From this set of small entities, the Commission estimates
that five percent, or only two or three small entities, may be affected
by the other requirements, i.e., Requirements R2 through R12, of
proposed Reliability Standard PRC-002-2. Based on a prior industry-
sponsored survey, annual compliance costs will average $100,000-
$160,000 for entities subject to these requirements.\28\ Accordingly,
the Commission certifies that the proposed Reliability Standard will
not have a significant economic impact on a substantial number of small
entities.
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    \28\ See NERC Petition Ex. G (Record of Development) at 257 of
pdf file, providing link to: NERC Cost Effective Analysis Process
(CEAP) Pilot for NERC Project 2007-11--Disturbance Monitoring--PRC-
002-2 at 8 (Apr. 9, 2014).
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VI. Comment Procedures

    21. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due June 22, 2015. Comments must refer to
Docket No. RM15-4-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    22. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    23. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    24. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    25. 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) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    26. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number of this document, excluding the last three digits in
the docket number field.
    27. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1<PHONE_NUMBER>) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By direction of the Commission.

    Issued: April 16, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-09219 Filed 4-21-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Rules and Regulations]
[Pages 24406-24408]
[FR Doc No: 2018-11324]

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

40 CFR Part 52

[EPA-R05-OAR-2016-0138; FRL-9978-43--Region 5]

Air Plan Approval; Illinois; Nonattainment Plans for the Lemont
and Pekin SO2 Nonattainment Areas; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the amendatory instruction
in a final rule pertaining to the sulfur dioxide (SO2)
nonattainment plans for the Lemont and Pekin areas.

DATES: This final rule is effective on May 29, 2018.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: On February 1, 2018 (83 FR 4591), EPA
published a final rule approving Illinois' plans addressing
nonattainment area planning requirements for SO2 for the
Lemont and Pekin areas, plans that include numerous state regulations.
However, the codification of that action listed only a subset of the
regulations in Illinois' plans. This document corrects the erroneous
amendatory language by clarifying the complete set of regulations in
Illinois plans that have been approved.

Correction

    In the final rule published in the Federal Register on February 1,
2018 (83 FR 4591), the rules listed as approved on page 4594 included
only Subpart B sections 214.121 and 214.122, Subpart D section 214.161,
and Subpart AA sections 214.600, 214.601, 214.602, 214.603, 214.604,
and 214.605. To codify the complete list of rules in the plan that EPA
approved, EPA is correcting the codification to include the omitted
rules, namely Subpart A sections 214.101, 214.102, 214.103, and
214.104, Subpart D section 214.162, Subpart F section 214.201, Subpart
K sections 214.300 and 214.305, and Subpart Q section 214.421. The
codification section of this action specifies the corrected listing for
this codification, listing all of the rules that should have been
identified as approved and including the appropriate citation for these
approvals.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to E.O. 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because
this action is not significant under E.O. 12866. Because the agency has
made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures Act
or any other statute as indicated in the Supplementary Information
section above, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA. In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by E.O. 13175 (65 FR 67249, November 9, 2000). This rule 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 governments,
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
    This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by E.O. 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February
7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998)
by examining the takings implications of the rule in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This rule does not impose an information collection
burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
    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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of May 29,
2018. EPA will submit a report containing this rule 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. This correction to 40 CFR 52 for
Illinois is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

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

    Dated: May 10, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.720 amend the table in paragraph (c) under ``Part 214:
Sulfur Limitations'' by:
0
a. Revising the entries for ``214.101'', ``214.102'' and ``214.104'',
and adding an entry for ``214.103'' in numerical order under ``Subpart
A: General Provisions'';
0
b. Revising the entry for ``214.162'' under ``Subpart D: Existing
Liquid or Mixed Fuel Combustion Emission Sources'';
0
c. Revising the entry for ``214.201'' under ``Subpart F: Alternative
Standards for Sources Inside Metropolitan Areas'';
0
d. Adding two entries for ``214.300'' and ``214.305'' under ``Subpart
K: Process Emission Sources'' in numerical order;
0
e. Adding a subheading entitled ``Subpart Q: Primary and Secondary
Metal Manufacturing'' in alphabetical order, including an entry for
``214.421''.
    The additions and revisions read as follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State
    Illinois  citation          Title/subject         effective      EPA approval date           Comments
                                                        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Part 214: Sulfur Limitations
----------------------------------------------------------------------------------------------------------------
                                          Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
214.101...................  Measurement Methods..       12/7/2015  2/1/2018, 83 FR 4591  .......................

214.102...................  Abbreviations and           12/7/2015  2/1/2018, 83 FR 4591  .......................
                             Units.
214.103...................  Definitions..........       12/7/2015  2/1/2018, 83 FR 4591  .......................
214.104...................  Incorporations by           12/7/2015  2/1/2018, 83 FR 4591  .......................
                             Reference.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
214.162...................  Combination of Fuels.       12/7/2015  2/1/2018, 83 FR 4591  .......................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Subpart F: Alternative Standards for Sources Inside Metropolitan Areas
----------------------------------------------------------------------------------------------------------------
214.201...................  Alternative Standards       12/7/2015  2/1/2018, 83 FR 4591  .......................
                             for Sources in
                             Metropolitan Areas.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Subpart K: Process Emission Sources
----------------------------------------------------------------------------------------------------------------
214.300...................  Scope................       12/7/2015  2/1/2018, 83 FR 4591  .......................

                                                  * * * * * * *
214.305...................  Fuel Sulfur Content         12/7/2015  2/1/2018, 83 FR 4591  .......................
                             Limitations.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Subpart Q: Primary and Secondary Metal Manufacturing
----------------------------------------------------------------------------------------------------------------
214.421...................  Combination of Fuels        12/7/2015  2/1/2018, 83 FR 4591  .......................
                             at Steel Mills in
                             Metropolitan Areas.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-11324 Filed 5-25-18; 8:45 am]
 BILLING CODE 6560-50-P