[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57318-57319]
[FR Doc No: 2018-24846]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0998]
RIN 1625-AA00

Safety Zone; Columbia River, Cascade Locks, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule; termination of existing safety zone.

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

SUMMARY: The Coast Guard is removing the temporary safety zone for
navigable waters of the Columbia River between river mile 142 and 143
in vicinity of Cascade Locks, Oregon. The safety zone was necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by salvage operations of the tug DIANE. The safety zone
is no longer needed and the Coast Guard is removing the regulation.

DATES: The rule is effective November 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0998 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Dixon Whitley, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this rule to remove a regulation without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to removing the safety zone
regulation around the salvage operations for the tug DIANE because to
do so would be unnecessary since the salvage operations concluded and
the safety zone that is no longer needed.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be unnecessary because this rule removes a safety zone
that is no longer needed.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with pile driving, cofferdam installation,
diving, and vessel recovery operations are no longer present between
Columbia River Mile 142 and 143 in vicinity of Cascade Locks, Oregon.

IV. Discussion of the Rule

    On November 2, 2018, the Coast Guard published a temporary final
rule ``Safety Zone; Columbia River, Cascade Locks, OR'' in the Federal
Register (83 FR 55101). The safety zone was necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by salvage operations of the tug DIANE. The zone covered all
navigable waters of the Columbia River between river mile 142 and 143.
The salvage operations for the tug DIANE are finished. The safety zone
is no longer needed and the Coast Guard is removing the regulation.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the removal of an
obsolete safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule

would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. It is categorically
excluded from further review under paragraph L60(b) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration is not required for this rule because we
are disestablishing a safety zone.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

Sec.  165.T13-0998  [Removed]

0
2. Remove Sec.  165.T13-0998.

    Dated: November 8, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2018-24846 Filed 11-14-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Page 45483]
[FR Doc No: 2019-18712]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IS19-277-002, IS19-278-002, OR18-22-000]

Notice of Settlement Filing: Buckeye Pipe Line Company, LP;
Laurel Pipe Line Company, LP

    Take notice that on July 31, 2019 and August 2, 2019, Buckeye Pipe
Line Company, L.P. (Buckeye) and Laurel Pipe Line Company, L.P (Laurel)
with the support of Giant Eagle, Inc., Guttman Energy, Inc., Lucknow-
Highspire Terminals, LLC, Monroe Energy, LLC, Philadelphia Energy
Solutions Refining and Marketing, LLC, and Sheetz, Inc. (collectively,
with Buckeye/Laurel, Parties) filed a joint Offer of Settlement. The
Settlement seeks to resolve all issues in the above referenced
proceedings regarding the services by Buckeye and Laurel.
    In accordance with Rule 602(f) of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602(f), any person desiring to
comment on this Offer of Settlement should file its comments with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, on or before September 5, 2019. Reply comments will be due on
or before September 12, 2019. This filing is available for review at
the Commission in the Public Reference Room or may be viewed on the
Commission's website 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, call (202)
502-8222 or for TTY,<PHONE_NUMBER>. Comments, protests and
interventions may be filed electronically via the internet in lieu of
paper. The Commission strongly encourages electronic filings. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
website under the ``e-Filing'' link.

    Dated: August 22, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-18712 Filed 8-28-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78725-78726]
[FR Doc No: 2010-31558]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-1066]

Recreational Boating Safety Projects, Programs and Activities
Funded Under Provisions of the Transportation Equity Act for the 21st
Century; Accounting of

ACTION: Notice.

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

SUMMARY: In 1999, the Transportation Equity Act for the 21st Century
made $5 million available to the Secretary of Homeland Security for
payment per year of Coast Guard expenses for personnel and activities
directly related to coordinating and carrying out the national
recreational boating safety program. In 2005, the law was amended, and
the amount was increased to $5.5 million. The Coast Guard is publishing
this notice to satisfy a requirement of the Act that a detailed
accounting of the projects, programs, and activities funded under the
national recreational boating safety program provision of the Act be
published annually in the Federal Register. In this notice, we have
specified the amount of monies the Coast Guard has committed,
obligated, or expended during fiscal year 2010, as of September 30,
2010.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, call
Jeff Ludwig, Regulations Development Manager, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Transportation Equity Act for the 21st Century became law on
June 9, 1998 (Pub. L. 105-178; 112 Stat. 107). The Act required that of
the $5 million made available to carry out the national recreational
boating safety program each year, $2 million shall be available only to
ensure compliance with Chapter 43 of Title 46, U.S. Code--Recreational
Vessels. On September 29, 2005, the Sportfishing and Recreational
Boating Safety Amendments Act of 2005 was enacted (Pub. L. 109-74; 119
Stat. 2031). This Act increased the funds available to the national
recreational boating safety program from $5 million to $5.5 million
annually, and stated that ``not less than'' $2 million shall be
available only to ensure compliance with Chapter 43 of Title 46, U.S.
Code--Recreational Vessels.
    These funds are available to the Secretary for payment of expenses
of the Coast Guard for personnel and activities directly related to
coordinating and carrying out the national recreational boating safety
program. Subsection (c) of section 7405 of the Transportation Equity
Act for the 21st Century directs that no funds available to the
Secretary under this subsection may be used to replace funding
traditionally provided through general appropriations, nor for any
purposes except those purposes authorized; namely, for personnel and
activities directly related to coordinating and carrying out the
national recreational boating safety program. Amounts made available
each fiscal year from 1999 through 2010 shall remain available until
expended.
    Use of these funds requires compliance with standard Federal
contracting rules with associated lead and processing times resulting
in a lag time between available funds and spending. The total amount of
funding transferred to the Coast Guard from the Sport Fish Restoration
and Boating Trust Fund and committed, obligated, and/or expended during
fiscal year 2010 for each activity is shown below.
    Factory Visit Program/Boat Testing Program: Funding was provided to
continue the national recreational boat factory visit program,
initiated in January 2001. The factory visit program currently allows
contractor personnel, acting on behalf of the Coast Guard, to visit
2,000 recreational boat manufacturers each year to either inspect for
compliance with Federal regulations, communicate with the manufacturers
as to why they need to comply with Federal regulations, or educate
them, as necessary, on how to comply with Federal regulations. Funding
was also provided for testing of certain associated equipment and in-
water testing of atypical and used recreational boats for compliance
with capacity and flotation standards. This funding satisfies the legal
requirements that ``not less than'' $2 million be available to ensure
compliance with Chapter 43 of Title 46, U.S. Code--Recreational
Vessels. ($2,313,078).
    New Recreational Boating Safety Associated Travel: Travel by
members of the Boating Safety Division's strategic planning panel was
undertaken to attend meetings to develop the next iteration of the
national recreational boating safety program strategic plan. ($18,882).
    Boating Accident News Clipping Services: Funding was provided to
continue to gather daily news stories of recreational boating accidents
nationally for more real time accident information and to identify
accidents that may involve regulatory non-compliances or safety
defects. ($26,000).
    Accident Investigation Tiger Team: Funding was provided to continue
to provide on-call expert accident investigative services for any
boating accident that appeared to involve a regulatory non-compliance
or safety defect. ($17,335).
    Web-based Document Management System: Funding was provided to
continue to provide a web-based document management system to better
enable the handling of thousands of recreational boating recall case
and campaign reports. ($60,000).
    Recreational Boating Safety (RBS) Outreach Program: Funding was
provided for this program which provides full marketing, media, public
information, and program strategy support to the nation-wide RBS
effort. The goal is to coordinate the RBS outreach initiatives and
campaigns, some of which include: National Boating Under the Influence
Campaign (BUI), ``Boat Responsibly!'', Life Jacket Wear, Vessel Safety
Check Program (VSC), Boating Safety Education Courses, Propeller Strike
Avoidance, Carbon Monoxide Poisoning, and other recreational boating
safety issues on an as needed basis. ($597,621).
    Web site Support: Funding for this initiative provides a full range
of public media and boating safety information at http://www.uscgboating.org for a worldwide audience. It covers a wide spectrum
of boating safety related topics and is dedicated to reducing loss of
life, injuries, and property damage that occur on U.S. waterways by
improving the knowledge, skills, and abilities of recreational boaters.
($104,723).
    Boating Accident Report Database (BARD) Web System: BARD Web System
funding enables reporting authorities in the 50 States, five U.S.
Territories, and the District of Columbia to submit their accident
reports electronically over a secure Internet connection. The system
also enables the user community to generate statistical reports that
show the frequency, nature, and severity of boating accidents. Fiscal
year 2010 funds supported system maintenance, development, and
technical (hotline) support. ($128,305).
    Personnel Support: Funding was provided for personnel to support
the development of new regulations and to conduct boating safety-
related research and analysis ($669,338).
    Printing: Funding was provided for printing the brochure ``A GUIDE
TO THE FEDERAL REQIREMENTS FOR RECREATIONAL BOATS.'' This publication
is used to educate boaters on the safety equipment carriage
requirements for recreational boats, and proper and safe boating
practices. The Coast Guard, USCG Auxiliary, U.S. Power Squadrons, and
State agencies

distribute this product to the public at local boating events, during
classroom instruction, and during Vessel Safety Checks. ($101,420).
    Reimbursable Salaries: Funding was provided to carry out the work
as prescribed in 46 U.S.C. 13106(c) and as described herein. The first
position was that of a professional mathematician/statistician to
conduct necessary national surveys and studies on recreational boating
activities as well as to serve as a liaison to other Federal agencies
that are conducting boating surveys so that we can pool our resources
and reduce costs. The second position was that of Outreach coordinator
with responsibility of overseeing and managing RBS projects related to
carbon monoxide poisoning, propeller injury mitigation, manufacturer
compliance initiatives, etc. ($320,518).
    Of the $5.5 million made available to the Coast Guard in fiscal
year 2010, $2,726,496 has been committed, obligated, or expended and an
additional $1,630,723 of prior fiscal year funds have been committed,
obligated, or expended, as of September 30, 2010. Approximately $10.6
million has not been committed, obligated, or expended from previous
years and is being reserved for a multi-year national boating survey.
    This notice is issued under the authority of 46 U.S.C. 13106(c)(4).

    Dated: December 10, 2010.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2010-31558 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-04-P


agency. If the EPA Administrator has delegated authority to a state,
local, or tribal agency, then that agency as well as the EPA has the
authority to implement and enforce this subpart. Contact the applicable
EPA Regional Office to find out if this subpart is delegated to a
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the EPA Administrator and are not transferred to the
State, local, or tribal agency.

    (c) The authorities that will not be delegated to state, local, or
tribal agencies are as follows. Approval of alternatives to the
standards in Sec. Sec.  63.1955 through 63.1962. Where these standards
reference another subpart, the cited provisions will be delegated
according to the delegation provisions of the referenced subpart.

Sec.  63.1990  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, 40 CFR
part 60, subparts A, Cc, Cf, WWW, and XXX; 40 CFR part 62, subpart GGG,
and 40 CFR part 63 subpart A, and this section that follows:
    Active collection system means a gas collection system that uses
gas mover equipment.
    Active landfill means a landfill in which solid waste is being
placed or a landfill that is planned to accept waste in the future.
    Bioreactor means an MSW landfill or portion of an MSW landfill
where any liquid other than leachate (leachate includes landfill gas
condensate) is added in a controlled fashion into the waste mass (often
in combination with recirculating leachate) to reach a minimum average
moisture content of at least 40 percent by weight to accelerate or
enhance the anaerobic (without oxygen) biodegradation of the waste.
    Closed area means a separately lined area of an MSW landfill in
which solid waste is no longer being placed. If additional solid waste
is placed in that area of the landfill, that landfill area is no longer
closed. The area must be separately lined to ensure that the landfill
gas does not migrate between open and closed areas.
    Closed landfill means a landfill in which solid waste is no longer
being placed, and in which no additional solid wastes will be placed
without first filing a notification of modification as prescribed under
Sec.  63.9(b). Once a notification of modification has been filed, and
additional solid waste is placed in the landfill, the landfill is no
longer closed.
    Closure means that point in time when a landfill becomes a closed
landfill.
    Commercial solid waste means all types of solid waste generated by
stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and
control systems are required under this subpart as a result of the
nonmethane organic compounds emission rate. The landfill is considered
controlled at the time a collection and control system design plan is
submitted in compliance with Sec.  60.752(b)(2)(i) if submitted before
[DATE 18 MONTHS + 1 DAY AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER] or in compliance with Sec.  63.1959(b)(2)(i) if
submitted after [DATE 18 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER].
    Corrective action analysis means a description of all reasonable
interim and long-term measures, if any, that are available, and an
explanation of why the selected corrective action(s) is/are the best
alternative(s), including, but not limited to, considerations of cost
effectiveness, technical feasibility, safety, and secondary impacts.
    Cover penetration means a wellhead, a part of a landfill gas
collection or operations system, and/or any other object that
completely passes through the landfill cover. The landfill cover
includes that portion which covers the waste, as well as the portion
which borders the waste extended to the point where it is sealed with
the landfill liner or the surrounding land mass. Examples of what is
not a penetration for purposes of this subpart include but are not
limited to: Survey stakes, fencing including litter fences, flags,
signs, utility posts, and trees so long as these items do not pass
through the landfill cover.
    Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the state, local, or tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass or from mass to volume to
demonstrate its design capacity is less than 2.5 million megagrams or
2.5 million cubic meters, the calculation must include a site-specific
density, which must be recalculated annually.
    Deviation before [DATE 18 MONTHS + 1 DAY AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER],means any instance in which an
affected source subject to this subpart, or an owner or operator of
such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including, but not limited to, any emissions limitation
(including any operating limit) or work practice requirement;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Fails to meet any emission limitation, (including any operating
limit), or work practice requirement in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
permitted by this subpart.
    Deviation beginning no later than [DATE 18 MONTHS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], means any instance
in which an affected source subject to this subpart or an owner or
operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart including but not limited to any emission limit, or operating
limit, or work practice requirement; or
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
    Disposal facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
    Emissions limitation means any emission limit, opacity limit,
operating limit, or visible emissions limit.
    Enclosed combustor means an enclosed firebox which maintains a
relatively constant limited peak temperature generally using a limited
supply of combustion air. An enclosed flare is considered an enclosed
combustor.
    EPA approved State plan means a State plan that EPA has approved
based on the requirements in 40 CFR part 60, subpart B to implement and
enforce 40 CFR part 60, subparts Cc or Cf. An approved state plan
becomes effective on the date specified in the notice published in the
Federal Register announcing EPA's approval.
    EPA approved Tribal plan means a plan submitted by a tribal
authority pursuant to 40 CFR parts 9, 35, 49, 50, and 81 to implement
and enforce 40 CFR part 60, subpart Cc or subpart Cf.
    Federal plan means the EPA plan to implement 40 CFR part 60,
subparts Cc or Cf for existing MSW landfills located in States and
Indian country where state plans or tribal plans are not currently in
effect. On the effective date of an EPA approved state or tribal plan,
the federal plan no longer applies. The federal plan implementing 40
CFR part 60, subpart Cc is found at 40 CFR part 62, subpart GGG.

    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower,
compressor) used to transport landfill gas through the header system.
    Household waste means any solid waste (including garbage, trash,
and sanitary waste in septic tanks) derived from households (including,
but not limited to, single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas). Household waste does not
include fully segregated yard waste. Segregated yard waste means
vegetative matter resulting exclusively from the cutting of grass, the
pruning and/or removal of bushes, shrubs, and trees, the weeding of
gardens, and other landscaping maintenance activities. Household waste
does not include construction, renovation, or demolition wastes, even
if originating from a household.
    Industrial solid waste means solid waste generated by manufacturing
or industrial processes that is not a hazardous waste regulated under
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and
265 of this chapter. Such waste may include, but is not limited to,
waste resulting from the following manufacturing processes: Electric
power generation; fertilizer/agricultural chemicals; food and related
products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile
manufacturing; transportation equipment; and water treatment. This term
does not include mining waste or oil and gas waste.
    Interior well means any well or similar collection component
located inside the perimeter of the landfill waste. A perimeter well
located outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are
placed for permanent disposal, and that is not a land application unit,
surface impoundment, injection well, or waste pile as those terms are
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSW landfill. A lateral expansion is not a
modification unless it results in an increase in the design capacity of
the landfill.
    Leachate recirculation means the practice of taking the leachate
collected from the landfill and reapplying it to the landfill by any of
one of a variety of methods, including pre-wetting of the waste, direct
discharge into the working face, spraying, infiltration ponds, vertical
injection wells, horizontal gravity distribution systems, and pressure
distribution systems.
    Modification means an increase in the permitted volume design
capacity of the landfill by either lateral or vertical expansion based
on its permitted design capacity after November 7, 2000. Modification
does not occur until the owner or operator commences construction on
the lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire
disposal facility in a contiguous geographical space where household
waste is placed in or on land. An MSW landfill may also receive other
types of RCRA Subtitle D wastes (Sec.  257.2 of this title) such as
commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an
MSW landfill may be separated by access roads. An MSW landfill may be
publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions
means gas generated by the decomposition of organic waste deposited in
an MSW landfill or derived from the evolution of organic compounds in
the waste.
    NMOC means nonmethane organic compounds, as measured according to
the provisions of Sec.  63.1959.
    Nondegradable waste means any waste that does not decompose through
chemical breakdown or microbiological activity. Examples are, but are
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely
uses positive pressure within the landfill to move the gas rather than
using gas mover equipment.
    Root cause analysis means an assessment conducted through a process
of investigation to determine the primary cause, and any other
contributing causes, of an exceedance of a standard operating parameter
at a wellhead.
    Segregated yard waste means vegetative matter resulting exclusively
from the cutting of grass, the pruning and/or removal of bushes,
shrubs, and trees, the weeding of gardens, and other landscaping
maintenance activities.
    Sludge means the term sludge as defined in Sec.  258.2.
    Solid waste means the term solid waste as defined in Sec.  258.2.
    Sufficient density means any number, spacing, and combination of
collection system components, including vertical wells, horizontal
collectors, and surface collectors, necessary to maintain emission and
migration control as determined by measures of performance set forth in
this subpart.
    Sufficient extraction rate means a rate sufficient to maintain a
negative pressure at all wellheads in the collection system without
causing air infiltration, including any wellheads connected to the
system as a result of expansion or excess surface emissions, for the
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and
compresses landfill gas for sale or beneficial use.
    Untreated landfill gas means any landfill gas that is not treated
landfill gas.
    Work practice requirement means any design, equipment, work
practice, or operational standard, or combination thereof, that is
promulgated pursuant to section 112(h) of the Clean Air Act.
    As specified in this subpart, you must meet each requirement in the
following table that applies to you.

         Table 1 to Subpart AAAA of Part 63--Applicability of NESHAP General Provisions to Subpart AAAA
----------------------------------------------------------------------------------------------------------------
                                                         Applicable to
                                                         subpart AAAA        Applicable to
                                                        before [date 18   subpart AAAA after
                                                        months + 1 day      [date 18 months
        Part 63 citation              Description        after date of       after date of        Explanation
                                                        publication of      publication of
                                                       final rule in the   final rule in the
                                                       Federal Register]   Federal Register]
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)..................  Applicability:      Yes...............  Yes...............
                                   general
                                   applicability of
                                   NESHAP in this
                                   part.
Sec.   63.1(b)..................  Applicability       Yes...............  Yes...............
                                   determination for
                                   stationary
                                   sources.
Sec.   63.1(c)..................  Applicability       No \a\............  Yes...............
                                   after a standard
                                   has been set.
Sec.   63.1(e)..................  Applicability of    Yes...............  Yes...............
                                   permit program
                                   before relevant
                                   standard is set.
Sec.   63.2.....................  Definitions.......  Yes...............  Yes...............
Sec.   63.3.....................  Units and           No \a\............  Yes...............
                                   abbreviations.
Sec.   63.4.....................  Prohibited          Yes...............  Yes...............
                                   activities and
                                   circumvention.
Sec.   63.5(a)..................  Construction/       No \a\............  Yes...............
                                   reconstruction.
Sec.   63.5(b)..................  Requirements for    Yes...............  Yes...............
                                   existing, newly
                                   constructed, and
                                   reconstructed
                                   sources.
Sec.   63.5(d)..................  Application for     No \a\............  Yes...............
                                   approval of
                                   construction or
                                   reconstruction.
Sec.   63.5(e)-(f)..............  Approval of         No \a\............  Yes...............
                                   construction and
                                   reconstruction.
Sec.   63.6(a)..................  Compliance with     No \a\............  Yes...............
                                   standards and
                                   maintenance
                                   requirements -
                                   applicability.
Sec.   63.6(b)-(c)..............  Compliance dates    No \a\............  Yes...............
                                   for new,
                                   reconstructed,
                                   and existing
                                   sources.
Sec.   63.6(e)(1)(i)-(ii).......  Operation and       Yes...............  No................  See Sec.
                                   maintenance                                                 63.1955(c) for
                                   requirements.                                               general duty
                                                                                requirements.
63.6(e)(3)(i)-(ix)..............  Startup, shutdown,  Yes...............  No................
                                   and malfunction
                                   plan.
63.6(f)(1)......................  Exemption of        Yes...............  No................
                                   nonopacity
                                   emission
                                   standards during
                                   SSM.
Sec.   63.6(f)(2)-(3)...........  Compliance with     Yes...............  Yes...............
                                   nonopacity
                                   emission
                                   standards.
Sec.   63.6(g)..................  Use of an           No \a\............  Yes...............
                                   alternative
                                   nonopacity
                                   standard.
Sec.   63.6(h)..................  Compliance with     No \a\............  No................  Subpart AAAA does
                                   opacity and                                                 not prescribe
                                   visible emission                                            opacity or
                                   standards.                                                  visible emission
                                                                                standards.
Sec.   63.7.....................  Performance         No \a\............  Yes...............
                                   testing.
Sec.   63.8.....................  Monitoring          No \a\............  Yes...............
                                   requirements.
Sec.   63.9(a)-(d)..............  Notifications.....  No \a\............  Yes...............
Sec.   63.9(e)..................  Notification of     No \a\............  Yes...............
                                   compliance test.
Sec.   63.9(f)..................  Notification of     No \a\............  No................  Subpart AAAA does
                                   visible emissions/                                          not prescribe
                                   opacity test.                                               opacity or
                                                                                visible emission
                                                                                standards.
Sec.   63.9(g)..................  Notification when   No \a\............  Yes...............
                                   using CMS.
Sec.   63.9(h)..................  Notification of     No \a\............  Yes...............
                                   compliance status.
Sec.   63.9(i)..................  Adjustment of       No \a\............  Yes...............
                                   submittal
                                   deadlines.
Sec.   63.9(j)..................  Change in           No \a\............  Yes...............
                                   information
                                   already provided.
Sec.   63.10(a).................  Recordkeeping and   No \a\............  ..................
                                   reporting--genera
                                   l.
Sec.   63.10(b)(1)..............  General             No \a\............  Yes...............
                                   recordkeeping.
Sec.   63.10(b)(2)(i)...........  Startup and         Yes...............  No................  See Sec.
                                   shutdown records.                                           63.1983(c)(6) for
                                                                                recordkeeping for
                                                                                periods of
                                                                                startup and
                                                                                shutdown.
Sec.   63.10(b)(2)(ii)..........  Recordkeeping of    Yes...............  No................  See Sec.
                                   failures to meet                                            63.1983(c)(6)-(7)
                                   a standard.                                                 for recordkeeping
                                                                                for any
                                                                                exceedance of a
                                                                                standard.
Sec.   63.10(b)(2)(iii).........  Recordkeeping of    Yes...............  Yes...............
                                   maintenance on
                                   air pollution
                                   control equipment.

Sec.   63.10(b)(2)(iv)-(v)......  Actions taken to    Yes...............  No................  See Sec.
                                   minimize                                                    63.1983(c)(7) for
                                   emissions during                                            recordkeeping of
                                   SSM.                                                        corrective
                                                                                actions to
                                                                                restore
                                                                                compliance.
Sec.   63.10(b)(vi).............  Recordkeeping for   No \a\............  Yes...............
                                   CMS malfunctions.
Sec.   63.10(b)(vii)-(xiv)......  Other               No \a\............  Yes...............
                                   Recordkeeping of
                                   compliance
                                   measurements.
Sec.   63.10(c).................  Additional          No \a\............  ..................  See Sec.   63.1983
                                   recordkeeping for                                           for required CMS
                                   sources with CMS.                                           recordkeeping.
Sec.   63.10(d)(1)..............  General reporting.  No \a\............  Yes...............
Sec.   63.10(d)(2)..............  Reporting of        No \a\............  Yes...............
                                   performance test
                                   results.
Sec.   63.10(d)(3)..............  Reporting of        No \a\............  Yes...............
                                   visible emission
                                   observations.
Sec.   63.10(d)(4)..............  Progress reports    No \a\............  Yes...............
                                   for compliance
                                   date extensions.
Sec.   63.10(d)(5)..............  SSM reporting.....  Yes...............  No................  All exceedances
                                                                                must be reported
                                                                                in the semi-
                                                                                annual report
                                                                                required by Sec.
                                                                                63.1981(h).
Sec.   63.10(e).................  Additional          No \a\............  Yes...............
                                   reporting for CMS
                                   systems.
Sec.   63.10(f).................  Recordkeeping/      No \a\............  Yes...............
                                   reporting waiver.
Sec.   63.11....................  Control device      No \a\............  Yes...............  Sec.   60.18 is
                                   requirements/                                               required before
                                   flares.                                                     [DATE 18 MONTHS +
                                                                                1 DAY AFTER DATE
                                                                                OF PUBLICATION OF
                                                                                FINAL RULE IN THE
                                                                                FEDERAL
                                                                                REGISTER].
                                                                                However, Sec.
                                                                                60.18 and 63.11
                                                                                are equivalent.
Sec.   63.12(a).................  State authority...  Yes...............  Yes...............
Sec.   63.12(b)-(c).............  State delegations.  No \a\............  Yes...............
Sec.   63.13....................  Addresses.........  No \a\............  Yes...............
Sec.   63.14....................  Incorporation by    No \a\............  Yes...............
                                   reference.
Sec.   63.15....................  Availability of     Yes...............  Yes...............
                                   information and
                                   confidentiality.
----------------------------------------------------------------------------------------------------------------
\a\ Before [DATE 18 MONTHS + 1 DAY AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], this
  subpart requires affected facilities to follow 40 CFR part 60, subpart WWW, which incorporates the General
  Provisions of 40 CFR part 60.

[FR Doc. 2019-14473 Filed 7-26-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Page 39784]
[FR Doc No: 2017-17728]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR17-20-000]

Laramie River DevCo LP; Notice of Request for Temporary Waiver

    Take notice that on August 11, 2017, pursuant to Rule 204 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.204, Laramie river DevCo LP filed a petition
for temporary waiver of the tariff filing and reporting requirements of
sections 6 and 20 of the Interstate Commerce Act and parts 341 and 357
of the Commission's regulations for a new crude petroleum gathering
system to be located in the Colorado, as more fully explained in the
petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    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 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 25, 2017.

    Dated: August 16, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-17728 Filed 8-21-17; 8:45 am]
 BILLING CODE 6717-01-P