[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74060-74066]
[FR Doc No: 2022-26291]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0857; FRL-10410-01-R8]

Air Plan Conditional Approval; Colorado; Revisions to Regulation
Number 7 and RACT Requirements for 2008 8-Hour Ozone Standard for the
Denver Metro/North Front Range Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
conditional approval of portions of State Implementation Plan (SIP)
revisions to Colorado Air Quality Control Commission (Commission or
AQCC) Regulation Number 7 (Reg. 7), which address Colorado's SIP
obligation to require reasonably available control technology (RACT)
for sources covered by the 2008 miscellaneous metal and plastic parts
coatings (miscellaneous metal coatings) control techniques guidelines
(CTG) and major source nitrogen oxides (NOX) for Moderate
nonattainment areas under the 2008 ozone National Ambient Air Quality
Standard (NAAQS). These revisions address all of the remaining pieces
of the May 31, 2017 and May 10, 2019 submittals that we have not
previously acted on. The EPA is taking this action pursuant to the
Clean Air Act (CAA).

DATES: Written comments must be received on or before January 3, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0857, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. What action is the EPA proposing to take?

    As explained below, the EPA is proposing to conditionally approve
into the SIP certain Reg. 7 rules as meeting the 2008 8-hour ozone
NAAQS miscellaneous metal coatings CTG \1\ and major source
NOX RACT requirements for the Moderate Denver Metro/North
Front Range (DMNFR) Area. The rules that are the subject of this action
were not acted on in our July 3, 2018,\2\ February 24, 2021,\3\
November 5, 2021 \4\ rulemakings. This proposed conditional approval is
based on the State's commitment to make specified further revisions to
these rules, and submit them for approval into the SIP, to address
deficiencies identified in the State's May 31, 2017 and May 10, 2019
submittals.
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    \1\ Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available
at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1001JAL.txt.
    \2\ Final Rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of Related Revisions, 83 FR
31068, 31069-31072.
    \3\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126 -11127.
    \4\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone
Standard for the Denver Metro/North Front Range Nonattainment Area,
86 FR 61071, 61072.
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    Under section 110(k)(4) of the CAA, the EPA may conditionally
approve a plan based on a commitment from a state to adopt specific
enforceable measures by a date certain no later than one year from the
date of approval. The conditionally approved provisions are a part of
the SIP and thus are federally enforceable as of the effective date of
the final conditional approval. If the EPA conditionally approves the
identified Reg. 7 rules, the State must meet its commitment to submit
the necessary SIP revisions to the EPA by June 30,

2023. If the State fails to do so, this action will automatically
become a disapproval on that date. If the State submits timely SIP
revisions but the EPA finds the SIP submittal to be incomplete, this
action will become a disapproval on the date of the EPA's
incompleteness finding. In either case, the EPA will notify the State
by letter that the conditional approval has converted to a disapproval,
and as of the date of that notification the conditionally approved
measures will no longer be a part of the approved Colorado SIP. The EPA
subsequently will publish a document in the Federal Register notifying
the public that the conditional approval converted to a disapproval.
    If the State submits the necessary SIP revisions by June 30, 2023,
the conditionally approved provisions will remain a part of the SIP
until the EPA approves or disapproves the new SIP revisions through
notice-and-comment rulemaking. If the EPA takes final action approving
the new revisions into the SIP, in the same final action the EPA will
also convert the conditional approval to a full approval by making
appropriate revisions to the description of the SIP in the Code of
Federal Regulations. If the EPA disapproves the new SIP revisions, the
conditional approval will convert to a disapproval, and the
conditionally approved provisions will no longer be a part of the
approved Colorado SIP.
    Any conditional approval action that converts to a disapproval will
start an 18-month clock for application of mandatory sanctions under
CAA section 179(b) and a two-year clock for the EPA to promulgate a
Federal implementation plan under CAA section 110(c)(1). The basis for
our proposed action is discussed in this proposed rulemaking. Technical
information that we are relying on, as well as the State's October 13,
2022 commitment letter, is in the docket, available at https://www.regulations.gov, Docket No. EPA-R08-OAR-2022-0857.

II. Background

2008 8-Hour Ozone NAAQS Nonattainment

    On March 12, 2008, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.075 parts per million (ppm) (based on
the annual fourth-highest daily maximum 8-hour average concentration,
averaged over 3 years), to provide increased protection of public
health and the environment.\5\ The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Specifically, the 2008 8-hour ozone
NAAQS is attained when the 3-year average of the annual fourth-highest
daily maximum 8-hour average ambient air quality ozone concentrations
is less than or equal to 0.075 ppm.\6\ Effective July 20, 2012, the EPA
designated as nonattainment any area that was violating the 2008 8-hour
ozone NAAQS based on the three most recent years (2008-2010) of air
monitoring data.\7\ With that rulemaking, the DMNFR was designated
nonattainment and classified as Marginal.\8\ Ozone nonattainment areas
are classified based on the severity of their ozone levels, as
determined using the area's design value. The design value is the 3-
year average of the annual fourth highest daily maximum 8-hour average
ozone concentration at a monitoring site.\9\ Areas designated as
nonattainment at the Marginal classification level were required to
attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based
on 2012-2014 monitoring data.\10\
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    \5\ Final rule, National Ambient Air Quality Standards for
Ozone, 73 FR 16436 (March 27, 2008). The EPA has since further
strengthened the ozone NAAQS, but the 2008 8-hour standard remains
in effect. See Final Rule, National Ambient Air Quality Standards
for Ozone, 80 FR 65292 (Oct. 26, 2015).
    \6\ 40 CFR 50.15(b).
    \7\ Final rule, Air Quality Designations for the 2008 Ozone
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
    \8\ Id. at 30110. The nonattainment area includes Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson
Counties, and portions of Larimer and Weld Counties. See 40 CFR
81.306.
    \9\ 40 CFR part 50, appendix I.
    \10\ See 40 CFR 51.903.
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    On May 4, 2016, the EPA published its determination that the Denver
Area, among other areas, had failed to attain the 2008 8-hour ozone
NAAQS by the attainment deadline, and that it was accordingly
reclassified to Moderate ozone nonattainment status.\11\ Colorado
submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver
Area's requirements under the Moderate classification.\12\ The EPA took
final action on July 3, 2018, approving the majority of the May 31,
2017 submittal, but deferring action on portions of the submitted Reg.
7 RACT rules.\13\ On February 24, 2021, the EPA took final action
approving additional measures as addressing Colorado's RACT SIP
obligations for Moderate ozone nonattainment areas.\14\ Areas that were
designated as Moderate nonattainment were required to attain the 2008
8-hour ozone NAAQS no later than July 20, 2018, based on 2015-2017
monitoring data.\15\ On December 26, 2019, the EPA published its
determination that the Denver Area, among other areas, had failed to
attain the 2008 8-hour ozone NAAQS by the attainment deadline, and that
it was accordingly reclassified to Serious ozone nonattainment
status.\16\
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    \11\ Final rule, Determinations of Attainment by the Attainment
Date, Extensions of the Attainment Date, and Reclassification of
Several Areas for the 2008 Ozone National Ambient Air Quality
Standards, 81 FR 26697 (May 4, 2016).
    \12\ CAA section 182, 42 U.S.C. 7511a, outlines SIP requirements
applicable to ozone nonattainment areas in each classification
category. Areas classified Moderate under the 2008 8-hour ozone
NAAQS had a submission deadline of January 1, 2017 for these SIP
revisions (81 FR at 26699).
    \13\ 83 FR 31068.
    \14\ 86 FR 11125.
    \15\ See 40 CFR 51.903.
    \16\ Final rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 70897 (Dec. 26, 2019); see 40 CFR
81.306.
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III. Summary of the State's SIP Submittals

    We are proposing to take action on Colorado SIP submittals made on
two different dates:

May 31, 2017 Submittal

    This submittal contains the State's Moderate ozone attainment plan
for the 2008 8-hour ozone NAAQS, including RACT requirements for 100
tons per year (tpy) major sources of VOC and/or NOX and for
sources subject to a CTG.
    We have previously acted on all parts of this SIP submittal except
for the State's determination for the miscellaneous metal coatings CTG
and major source NOX RACT, as to which we are now proposing
conditional approval.

May 10, 2019 Submittal

    This submittal contains amendments to Reg. 7 that establish
categorical RACT requirements for major sources of NOX in
the DMNFR Area that emit 100 tpy or more. Specifically, on July 19,
2018 the AQCC adopted RACT requirements for boilers, stationary
combustion turbines, lightweight aggregate kilns, glass melting
furnaces, and compression ignition reciprocating internal combustion
engines (collectively referred to as ``stationary combustion
equipment'') located at major sources of NOX.\17\ We have
previously acted on all parts of this SIP submittal except for
revisions to Reg. 7, Part E, Section II.A.4.d., concerning glass
melting

furnaces, as to which we are now proposing conditional approval.
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    \17\ On June 29, 2018, the EPA provided comments on Colorado's
revised draft ozone SIPs for the DMNFR Area, including the TSD and
rules in Reg.7, Section XVI.D.4. These written comments from the EPA
included some comments applicable to the rules we are proposing to
act on in this document. The comment letters can be found within the
docket for this action on www.regulations.gov.
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IV. Procedural Requirements

    The CAA requires that states meet certain procedural requirements
before submitting SIP revisions to the EPA, including the requirement
that states adopt SIP revisions after reasonable notice and public
hearing.\18\ For the May 31, 2017 submittal, the AQCC provided notice
in the Colorado Register on August 10, 2016,\19\ and held a public
hearing on the SIP revisions on November 17, 2016. The Commission
adopted the SIP revisions on November 17, 2016. The SIP revisions
became state-effective on January 14, 2017.
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    \18\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2).
    \19\ 39 CR 15, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016.
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    For the May 10, 2019 submittal, the AQCC provided notice in the
Colorado Register on May 10, 2018,\20\ and held a public hearing on the
revisions on July 19, 2018. The Commission adopted the SIP revisions on
July 19, 2018. The SIP revisions became state-effective on September
14, 2018.
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    \20\ 41 CR 9, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=05/10/2018.
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    Accordingly, we propose to find that Colorado met the CAA's
procedural requirements for reasonable notice and public hearing.

V. Reasonably Available Control Technology (RACT) Analysis

A. Background

    Section 172(c)(1) of the CAA requires that SIPs for nonattainment
areas ``provide for the implementation of all reasonably available
control measures as expeditiously as practicable (including such
reductions in emissions from existing sources in the area as may be
obtained through the adoption, at a minimum, of reasonably available
control technology).'' The EPA has defined RACT as ``[t]he lowest
emissions limitation that a particular source is capable of meeting by
the application of control technology that is reasonably available
considering technological and economic feasibility.'' \21\ The EPA
provides guidance concerning what types of controls may constitute RACT
for a given source category by issuing CTG and Alternative Control
Techniques (ACT) documents.\22\ States must submit a SIP revision
requiring the implementation of RACT for each source category in the
area for which the EPA has issued a CTG, and for any major source in
the area not covered by a CTG.\23\
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    \21\ General Preamble for Proposed Rulemaking on Approval of
Plan Revisions for Nonattainment Areas--Supplement (on Control
Techniques Guidelines), 44 FR 53761 (Sep. 17, 1979).
    \22\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques for
a list of EPA-issued CTGs and ACTs.
    \23\ See CAA section 182(b)(2), 42 U.S.C. 7511a(b)(2)); see also
Note, RACT Qs & As--Reasonably Available Control Technology (RACT):
Questions and Answers, William Harnett, Director, Air Quality Policy
Division, EPA (May 2006), available at https://www.regulations.gov/document/EPA-R08-OAR-2020-0114-0008.
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    For a Moderate, Serious, or Severe area a major stationary source
is one that emits, or has the potential to emit, 100, 50, or 25 tpy or
more, respectively, of VOCs or NOX.\24\ Accordingly, for the
DMNFR Serious nonattainment area, a major stationary source is one that
emits, or has the potential to emit, 50 tpy or more of VOCs or
NOX. RACT can be adopted in the form of emission limitations
or ``work practice standards or other operation and maintenance
requirements,'' as appropriate.\25\
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    \24\ See CAA sections 182(b), 182(c), 182(d), 182(f)(1), and
302(j).
    \25\ See Memorandum, ``Approval Options for Generic RACT Rules
Submitted to Meet the non-CTG VOC RACT Requirement and Certain
NOX RACT Requirements,'' Sally Shaver, Director, Air
Quality Strategies & Standards Division, EPA (Nov. 7, 1996),
available at https://www.epa.gov/sites/production/files/2016-08/documents/shavermemogenericract_7nov1996.pdf.
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    As part of its May 31, 2017 Moderate ozone attainment plan, the
Division conducted RACT analyses to demonstrate that the RACT
requirements for CTG and major sources in the DMNFR Area had been
fulfilled. The Division conducted these RACT analyses for VOC and
NOX by listing state regulations implementing or exceeding
RACT requirements for each CTG or non-CTG category at issue, and by
detailing the basis for concluding that these regulations fulfilled
RACT, through comparison with established RACT requirements described
in the CTG and ACT guidance documents and rules developed by other
state and local agencies. The EPA approved the majority of the State's
CTG RACT analysis on July 3, 2018.\26\
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    \26\ See 83 FR 31068. A negative declaration as to RACT for
sources covered by the aerospace CTG was approved on November 5,
2021 (86 FR 61071). Colorado's RACT demonstrations for sources
covered by the industrial cleaning solvents, metal furniture
coatings (2007), and wood furniture CTGs were approved on February
24, 2021 (86 FR 11127); and the state's RACT demonstration for
sources covered by the oil and gas CTG was conditionally approved on
May 13, 2022 (87 FR 29228).
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    In July 2018, the Commission adopted categorical RACT requirements
for combustion equipment at major sources under the Moderate
classification that the Commission had determined in 2016 were not
addressed by SIP RACT requirements. In November 2019, the Commission
adopted SIP requirements to include provisions that implement RACT for
certain CTG VOC source categories in the DMNFR Area. Specifically, the
Commission adopted categorical RACT requirements for industrial
cleaning solvent and metal furniture surface coating operations. The
EPA approved these revisions on February 24, 2021.\27\
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    \27\ 86 FR 11127.
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    The RACT submissions that we are now proposing to approve include
those that we have not previously acted on that are addressing RACT for
CTG and Moderate non-CTG VOC and NOX sources and categories.
We previously deferred action on these pieces because we determined
that Colorado's SIP revisions did not meet major source NOX
RACT for the Moderate classification or miscellaneous metal coatings
CTG RACT requirements. On October 14, 2022, Colorado submitted a letter
\28\ to the EPA committing to correct the deficiencies through
rulemaking in December 2022. The Colorado Air Pollution Control
Division (Division) has proposed revisions that are consistent with the
commitments in the letter.\29\ Based on the State's commitment to
correcting the deficiencies identified by the EPA, and recognizing the
substantial progress made toward fulfilling that commitment, we are now
proposing conditional approval of the miscellaneous metal coatings CTG
and major source NOX rules for which we previously deferred
action.
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    \28\ The letter is dated October 13, 2022 and was received on
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS
Serious SIP'' email from Jessica Ferko, Planning & Policy Program
Manager, Colorado Department of Public Health and Environment (in
the docket).
    \29\ See https://drive.google.com/drive/u/0/folders/1zwYGnKubclWxAcTwOCVhq6xAWlz1FppE.
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B. Evaluation of RACT for Miscellaneous Metal Coatings Sources

    As part of its May 31, 2017 submittal, the Division determined that
RACT for sources covered by the miscellaneous metal coatings CTG was
met through existing Reg. 7 rules that were based on the EPA's 1978
metal coatings CTG. The Division also submitted a negative declaration
\30\ for the plastic parts coatings limits in Tables 3, 4, 8, and 9 of
the 2008 miscellaneous metal coatings CTG.\31\ The EPA's 2008

miscellaneous metal coatings CTG recommends expanded coatings VOC
content limits from four to fifty categories and work practices,
application methods, and recordkeeping. In response to the EPA's
concerns with Colorado's reliance on the EPA's 1978 Metal Coating CTG,
Colorado revised the metal surface coating requirements in its May 10,
2019 submittal. In a separate action, the EPA proposes to find that
Colorado's submittal for sources subject to VOC coating categories in
Tables 2 and 7 of the CTG in the DMNFR Area provides for the
implementation of RACT.\32\ Additionally, the Division now has
committed to adopting VOC content limits for motor vehicle materials
reflected in Table 6 of the CTG and associated work practices in Reg.
7, Part C, Section I.P.\33\ Finally, the Division is submitting a
negative declaration for pleasure craft surface coatings in Table 5 of
the CTG.
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    \30\ States are not required to adopt RACT limits for source
categories for which no sources exist in a nonattainment area, and
can submit a negative declaration to that effect.
    \31\ See p. 6-3 of the Moderate ozone attainment plan, contained
in the docket.
    \32\ Docket ID. EPA-R08-OAR-2022-0632.
    \33\ Colorado Commitment Letter Serious SIP--2008 Ozone NAAQS,
Michael Ogeltree, Director, Air Pollution Control Division, Colorado
Department of Public Health and Environment, Oct. 13, 2022 (in the
docket for this action).
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    The Division compared requirements for miscellaneous metal parts
coatings to existing Colorado regulations, Federal rules, CTG
requirements, information and determinations in the RACT/BACT/LAER
Clearinghouse (RBLC), and other state requirements and regulations, and
certified that Reg. 7 approved rules demonstrated RACT for
Miscellaneous Metal Parts Coatings.\34\ We have reviewed Colorado's new
and revised VOC rules for the categories covered by the miscellaneous
metal coatings CTG and the demonstrations submitted by Colorado, and
have compared the emission limitations and control requirements with
those of the CTG, Federal rules, information and determinations in the
RBLC, and other state requirements and regulations.\35\ As previously
discussed, we approved the majority of the State's previous submittals
as meeting RACT requirements. This proposal is not intended to reopen
or revisit any aspect of previous final rules. Section VI includes a
detailed discussion of the rules that the EPA is proposing to take
action on here. A summary of past actions as they relate to CTG VOC
coating categories and limits is contained in Table 1 of this action.
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    \34\ See p. 6-4 and Appendix 6-B on p. 6-19 of Colorado's 2008
Ozone Moderate Area Attainment Plan for the DMNFR.
    \35\ See the May 2021 EPA TSD included in the docket for this
action.
    \36\ Docket ID. EPA-R08-OAR-2022-0632.
    \37\ Id.

             Table 1--CTG Coating Categories and EPA Actions
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                                  Colorado submittal
     CTG coating categories              date             EPA action
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Table 2. Metal Parts and          May 10, 2019......  Proposed Approval
 Products VOC Content Limits.                          Anticipated
                                                       2022.\36\
Table 3. Plastic Parts and        May 31, 2017        Approved 83 FR
 Products VOC Content Limits.      (Negative           31068.
                                   declaration).
Table 4. Automotive/              May 31, 2017        Approved 83 FR
 Transportation and Business       (Negative           31068.
 Machine Plastic Parts VOC         declaration).
 Content Limits.
Table 5. Pleasure Craft Surface   Anticipated by      Conditional
 Coating VOC Content Limits.       June 30, 2023       Approval.
                                   (Negative
                                   declaration).
Table 6. Motor Vehicle Materials  Anticipated by      Conditional
 VOC Content Limits.               June 30, 2023.      Approval.
Table 7. Metal Parts and          May 10, 2019......  Proposed Approval
 Products VOC Emission Rate                            Anticipated
 Limits.                                               2022.\37\
Table 8. Plastic Parts and        May 31, 2017        Approved 83 FR
 Products VOC Emission Rate        (Negative           31068.
 Limits.                           declaration).
Table 9. Automotive/              May 31, 2017        Approved 83 FR
 Transportation and Business       (Negative           31068.
 Machine Plastic Parts VOC         declaration).
 Emission Rate Limits.
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C. Evaluation of RACT for Glass Melting Furnaces and Major Sources of
NOX

    In preparing its RACT determinations, Colorado reviewed source
permits, consulted with Division permitting and enforcement staff
involved with each source, and consulted with the sources
themselves.\38\ Colorado also considered control strategies identified
in the CTGs, ACTs, RBLC, EPA's Menu of Control Measures, New Source
Performance Standards (NSPS), emission guidelines, National Emission
Standards for Hazardous Air Pollutants (NESHAP), and in Colorado's
regulations.\39\ On May 10, 2019, Colorado submitted RACT rules in Reg.
7 for glass melting furnaces located at major sources of NOX
and VOCs (100 tpy or greater). Based on the EPA's concerns that the
rules provided for an exemption from the NOX emission limit
of 1.2 lbs/ton of glass pulled during periods when production fell
below 35% maximum designed production,\40\ the Division has proposed
revised rules that remove this exemption so that the NOX
limit applies during all periods of operation, including abnormally low
production, except during the initial startup of a new furnace or an
existing furnace after a cold rebuild. During these events, which occur
approximately every 10-20 years, natural gas fuel consumption of
portable burners used to heat the main furnace(s) is limited and must
be recorded and counted toward the existing annual limit for furnaces.
Additionally, NOX emissions from the portable burners will
count toward the existing annual ton per year NOX limit for
the furnace. Once heating is switched over to the main furnace,
NOX emissions must be monitored via a continuous emissions
monitoring system/continuous emissions rate monitoring system (CEMS/
CERMS). Production data will be used to calculate the 30-day rolling
average and ensure compliance with the 1.2 lbs NOX/ton of
glass pulled limit. We therefore propose to find that the combination
of emission limits in the revised provisions apply continuously during
all modes of operation in line with CAA section 302(k).
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    \38\ See Colorado's Technical Support Document for Reasonably
Available Control Technology for Boilers, Turbines, Engines and
Aggregate Kilns at Major NOX Sources in the DMNFR
Nonattainment Area, July 2018. Available within the docket for this
action.
    \39\ See id.
    \40\ See the EPA's June 29, 2018 comments on Colorado's revised
draft ozone SIPs for the DMNFR Area, in the docket for this action.
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    We have reviewed Colorado's new rules for glass melting furnaces
located at major sources of VOC and NOX and the
demonstrations submitted by

Colorado,\41\ and have compared the emission limitations and control
requirements with those of Federal rules, consent decrees, information
and determinations in the RBLC, and other state requirements and
regulations.\42\ As previously discussed, we approved the majority of
the State's previous submittals as meeting RACT requirements.\43\ We
also anticipate proposing approval of additional major source RACT
requirements in 2022.\44\ This proposal is not intended to reopen or
revisit any aspect of previously approved rules. Section VI includes a
detailed discussion of the rules that the EPA is proposing to take
action on here.
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    \41\ See Colorado's Technical Support Document for Reasonably
Available Control Technology for Boilers, Turbines, Engines and
Aggregate Kilns at Major NOX Sources in the DMNFR
Nonattainment Area, July 2018. See also Colorado's Technical Support
Document for Reasonably Available Control Technology for Major
Sources Supporting the Denver Metro/North Front Range State
Implementation Plan for the 2008 and 2015 8-Hour Ozone National
Ambient Air Quality Standards, October 31, 2022. Available within
the docket for this action.
    \42\ See the EPA TSD included in the docket for this action.
    \43\ 86 FR 11125 (Feb. 24, 2021).
    \44\ See docket ID. EPA-R08-OAR-2022-0632.
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D. Proposed RACT Determination for Miscellaneous Metal Coatings CTG and
Glass Melting Furnaces at Major Sources of NOX

    Based on our review, and as supported by the State's commitment to
develop and submit additional VOC coating content limits and associated
work practices, definitions, recordkeeping, and recording requirements
for miscellaneous metals coatings and NOX emission limits
for glass melting furnaces at major sources, we propose to
conditionally approve the rules included in the State's commitment
letter as meeting RACT requirements and providing for the lowest
emission limitation through application of control techniques that are
reasonably available considering technological and economic
feasibility. Therefore, we propose to conditionally approve the rules
noted above as satisfying CAA RACT requirements for the miscellaneous
metal coatings CTG sources and glass melting furnaces in the DMNFR
Area.\45\ For more information, see the Technical Support Document
(TSD) for this action.
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    \45\ See https://www.epa.gov/ground-level-ozone-pollution/ract-information.
---------------------------------------------------------------------------

VI. The EPA's Evaluation of SIP Control Measures in the October 13,
2022 Commitment Letter

Reg. 7, Part C, Section I.P., Miscellaneous Metal Coatings

    Section I of Part C contains rules for surface coating operations.
The revised Section I.P., Motor Vehicle Materials, applies to
automotive coating facilities where the total actual VOC emissions from
coatings, including cleaning activities, at the facility are greater
than or equal to 2.7 tons per 12-month rolling period, before
consideration of controls.
    Section I.P.2. adds new definitions associated with the
requirements in I.P. Section I.P.4. includes new control requirements
for automotive coating facilities including reducing VOC emissions with
an emission control system having a control efficiency of 90% or
greater or complying with the VOC content limits established in Tables
3 of Section I.P. Owners and operators must use and follow application
methods and work practice standards in Sections I.P.5 and 6 to reduce
VOC emissions. These include the use of high-volume low-pressure spray,
roller coat, and airless spray; storing all VOC-containing coatings,
thinners, coating-related waste materials, cleaning materials, and used
shop towels in closed containers; and minimizing VOC emissions from
cleaning of application, storage, mixing, and conveying equipment by
cleaning equipment without atomizing the cleaning solvent and capturing
spent solvent in closed containers. Section I.P.7. contains
recordkeeping requirements to demonstrate compliance with Section I.P.
Records must be maintained for a minimum of five years and made
available to the Division upon request.
    A detailed review of Section I.P. is in the TSD for this action. We
propose to find that the provisions in Section I.P. are consistent with
CAA requirements, represent RACT for the emission limits in Table 6
``Motor Vehicle Materials VOC Content Limits'' of the 2008
Miscellaneous Metal Parts and Products CTG, and that they strengthen
the SIP. We therefore propose to conditionally approve the revisions in
Part C, Section I.P.

Reg. 7, Part E, Section II.A.4.d. Glass Melting Furnaces

    Section II of Part E contains rules for the control of emissions
from stationary and portable combustion equipment in the DMNFR Area.
The Commission revised this section of Reg. 7 to include provisions in
the SIP that require the implementation of RACT for glass melting
furnaces at major sources of NOX emissions in Section
II.A.4.d. Affected sources must comply with a limit of 1.2 pounds of
NOX per ton of glass pulled on a 30-production-day rolling
average. For periods when no glass is pulled, NOX mass
emissions must be calculated and included in the annual mass emissions
totals for the furnace. Section II.A.4.d.(ii)(A) limits portable burner
fuel use to 8 million standard cubic feet of natural gas during the
initial heating phase following an original construction or refractory
brick replacement or repair project. NOX emissions from the
use of portable burners must be calculated using the process described
in Section II.A.4.d.(ii)(A). SIP-approved Section II.A.5.c.(i)(A) \46\
requires continuous emission monitoring to monitor compliance with the
applicable emission limit. Records and reporting requirements to
demonstrate compliance with Section II.A.4.d. controls are included in
SIP-approved Sections II.A.7 and 8.\47\
---------------------------------------------------------------------------

    \46\ See https://www.epa.gov/system/files/documents/2021-09/co-table-c.pdf#reg7_parte.
    \47\ Id.
---------------------------------------------------------------------------

    A detailed evaluation of Section II is in the TSD for this action.
We propose to find that the provisions in Section II are consistent
with CAA and RACT requirements, and that they strengthen the SIP. We
therefore propose to approve the revisions in Part E, Section II.
    The revisions described in this section \48\ will strengthen the
SIP, and (once the State has submitted the revised regulations
described in its commitment letter) will meet CAA and RACT
requirements. We therefore propose to conditionally approve these
revisions into the SIP.
---------------------------------------------------------------------------

    \48\ With the exception of revisions described in the State's
commitment letter, which have not been submitted as SIP revisions
yet. As previously noted, those revisions will be evaluated in a
separate rulemaking after the state submits them to the EPA.
---------------------------------------------------------------------------

VII. Proposed Action

    For the reasons expressed above, the EPA proposes to conditionally
approve revisions to Reg. 7, Part C, Section I.P. and Reg. 7, Part E,
Section II.A.4. Additionally, the EPA is proposing to conditionally
approve Colorado's determination that the Reg. 7 revisions satisfy RACT
requirements for the Colorado ozone SIP for the 2008 miscellaneous
metal coatings CTG and major source NOX RACT for the 2008 8-
hour Moderate ozone area. Under section 110(k)(4) of the Act, the EPA
may approve a SIP revision based on a commitment by a state to adopt
specific enforceable measures by a date certain,

but not later than one year after the date of approval of the plan
revision. On October 14, 2022, Colorado submitted a letter committing
to adopt and submit specific revisions by June 30, 2023.\49\
Specifically, the State has committed to add additional VOC coating
content limits and associated work practices, definitions,
recordkeeping, and recording requirements for motor vehicle materials,
submit a negative declaration for pleasure craft surface coatings, and
add NOX emission limits for glass melting furnaces at major
sources. If we finalize our proposed conditional approval, Colorado
must adopt and submit the specific revisions it has committed to by
June 30, 2023 in order for the conditional approval to convert to full
approval. We note that the Division has proposed to adopt the revisions
as outlined in the commitment letter at the December 2022 AQCC hearing,
and we anticipate that the State will meet its deadline to submit these
measures as SIP revisions. However, if Colorado does not comply with
its commitment by June 30, 2023, if we find Colorado's SIP submission
provided to fulfill the commitment to be incomplete, or if we
disapprove the SIP submission, this conditional approval will convert
to a disapproval. If any of these occur and our conditional approval
converts to a disapproval, that will constitute a disapproval of a
required plan element under part D of title I of the Act, which will
start an 18-month clock for sanctions \50\ and the two-year clock for a
Federal implementation plan.\51\
---------------------------------------------------------------------------

    \49\ Although CAA section 110(k)(4) allows the EPA to make a
conditional approval based on a commitment to act within one year of
the final conditional approval, Colorado has committed to act on a
much more accelerated schedule.
    \50\ See CAA section 179(a)(2).
    \51\ See CAA section 110(c)(1)(B).
---------------------------------------------------------------------------

VIII. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state shall be adopted by the state
after reasonable notice and public hearing.
    The Colorado SIP revisions that the EPA is proposing to
conditionally approve do not interfere with any applicable requirements
of the Act. The Reg. 7 revisions are intended to strengthen the SIP and
to serve as RACT for certain sources for the Colorado ozone SIP. We
anticipate the submittal to show that the revisions were adopted after
reasonable public notices and hearings because the revisions are
currently in the public comment phase. Therefore, CAA section 110(l)
requirements are satisfied.

IX. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
Additionally, Executive Order 13985 (86 FR 7009, Jan. 25, 2021) directs
Federal agencies to assess whether and to what extent their programs
and policies perpetuate systemic barriers to opportunities and benefits
for underserved populations, and Executive Order 14008 (86 FR 7619,
Feb. 1, 2021) directs Federal agencies to develop programs, policies,
and activities to address the disproportionate and adverse human
health, environmental, climate-related and other cumulative impacts on
disadvantaged communities.
    To identify potential environmental burdens and susceptible
populations in the DMNFR area, a screening analysis was conducted using
the EJSCREEN \52\ tool to evaluate environmental and demographic
indicators within the area, based on available data from the Census
Bureau's American Community Survey. The tool outputs showing the
results of this assessment are in the docket for this action. These
results indicate that within the DMNFR area there are census block
groups that are above the national averages and above the 80th
percentile (in comparison to the nation as a whole) for the numbers of
persons experiencing low income and people of color. These populations
may be vulnerable and subject to disproportionate impacts within the
meaning of the executive orders described above. Further, as the
EJSCREEN analysis is a screening-level assessment and not an in-depth
review, it is possible that there are other vulnerable groups within
the DMNFR area.
---------------------------------------------------------------------------

    \52\ EJSCREEN is an environmental justice mapping and screening
tool that provides the EPA with a nationally consistent dataset and
approach for combining environmental and demographic indicators;
available at https://www.epa.gov/ejscreen/what-ejscreen.
_____________________________________-

    As to all vulnerable groups within the DMNFR area, as explained
below we believe that this action will be beneficial and will tend to
reduce impacts. When the EPA establishes a new or revised NAAQS, the
CAA requires the EPA to designate all areas of the U.S. as either
nonattainment, attainment, or unclassifiable. If an area is designated
nonattainment for a NAAQS, the state must develop a plan outlining how
the area will attain and maintain the standard by reducing air
pollutant emissions. In this action we are proposing to conditionally
approve state rules as meeting the CAA standard for RACT, which the EPA
has defined as the lowest emission limitation that a particular source
is capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility. Approval of these rules into the SIP will establish
federally enforceable requirements that will reduce emissions from
coatings and major source emission points in the area. These
requirements will contribute to the increased protection of those
residing, working, attending school, or otherwise present in those
areas, and we propose to determine that this rule, if finalized, will
not have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns.

X. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Colorado AQCC Regulation 7 pertaining to the
control of ozone via ozone precursors and control of hydrocarbons from
oil and gas emissions discussed in section VI of this preamble. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

XI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,

provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. Accordingly, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

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

    Dated: November 28, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-26291 Filed 12-1-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32861-32862]
[FR Doc No: 2014-13277]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0914; Airspace Docket No. 13-AGL-29]

Establishment of Class E Airspace; Mineral Point, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Mineral Point, WI.
A Class E surface area is necessary to accommodate increased business
aviation and flight instruction activity at Iowa County Airport. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations for SIAPs at the airport.
Geographic coordinates of the existing Class E airspace are also
updated.

DATES: Effective date: 0901 UTC, July 24, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On March 3, 2014, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace for
the Mineral Point, WI, area, creating additional controlled airspace at
Iowa County Airport (79 FR 11732) Docket No. FAA-2013-0914. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6002 and 6005, respectively, of FAA Order 7400.9X dated August 7, 2013,
and effective September 15, 2013, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace designated as a surface area
within a 4.1-mile radius of Iowa County Airport, Mineral Point, WI.
Increases in business aviation, air cargo, and flight instruction
operations under instrument meteorological conditions have made this
addition of controlled airspace necessary for the safety and management
of IFR operations at the airport. Geographic coordinates of the airport
in Class E airspace extending upward from 700 feet above the surface
are also adjusted to coincide with the FAA's aeronautical database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Iowa County Airport, Mineral
Point, WI.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

     Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AGL WI E2 Mineral Point, WI [New]

Mineral Point, Iowa County Airport, WI
    (Lat. 42[deg]53'13'' N., long. 90[deg]14'12'' W.)

    Within a 4.1-mile radius of Iowa County Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface.

* * * * *

AGL WI E5 Mineral Point, WI [Amended]

Mineral Point, Iowa County Airport, WI
    (Lat. 42[deg]53'13'' N., long. 90[deg]14'12'' W.)
Mineral Point NDB
    (Lat. 42[deg]53'17'' N., long. 90[deg]13'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Iowa County Airport, and within 2.6
miles each side of the 029[deg] bearing from the Mineral Point NDB
extending from the 7.2-mile radius to 7.4 miles northeast of the
airport.

    Issued in Fort Worth, Texas, on May 20, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-13277 Filed 6-6-14; 8:45 am]
BILLING CODE 4910-13-P


25312 Federal Register / Vol. 68, No. 91 / Monday, May 12, 2003 / Proposed Rules Department participated in their development.

List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record keeping requirements.

Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1   INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U. S. C. 7805 * * *

Par. 2. In § 1.263A   7, paragraph ( b)( 2)( ii) is revised to read as follows:

§ 1.263A   7 Changing a method of accounting under section 263A.

* * * * * ( b) * * * ( 2) * * * ( ii) Adjustment required by section 481( a). In the case of any taxpayer required or permitted to change its method of accounting for any taxable year under section 263A and the regulations thereunder, the change will be treated as initiated by the taxpayer for purposes of the adjustment required by section 481( a). The taxpayer must take the net section 481( a) adjustment into account over the section 481( a) adjustment period as determined under the applicable administrative procedures issued under § 1.446   1( e)( 3)( ii) for obtaining the Commissioner's consent to a change in accounting method ( e. g., Revenue Procedures 97   27 and 2002   9, or successors). This paragraph is effective for taxable years ending on or after the date these regulations are published as final regulations in the Federal Register. However, taxpayers may rely on this paragraph for taxable years ending on or after May 12, 2003, by filing, under the applicable administrative procedure, a Form 3115, Application for Change in Accounting Method, for such a taxable year that reflects a section 481( a) adjustment period that is consistent with this paragraph. * * * * * Par. 3. Section 1.448   1 is amended as follows: 1. Paragraph ( g)( 2)( i) is revised. 2. Paragraphs ( g)( 3)( i) and ( ii), and ( g)( 6) are removed. 3. Paragraphs ( g)( 3)( iii) and ( iv) are renumbered as ( g)( 3)( i) and ( ii), respectively. 4. Paragraph ( i)( 1) is revised. 5. Paragraph ( i)( 5) is added. The revisions and addition read as follows:

§ 1.448   1 Limitation on the use of the cash receipts and disbursements method of accounting.

* * * * * ( g) * * * ( 2) * * * ( i) In general. Except as otherwise provided in paragraphs ( g)( 2)( ii) and ( g)( 3) of this section, a taxpayer required by this section to change from the cash method must take the net section 481( a) adjustment into account over the section 481( a) adjustment period as determined under the applicable administrative procedures issued under section 1.446   1( e)( 3)( ii) for obtaining the Commissioner's consent to a change in accounting method ( e. g., Revenue Procedures 97   27 and 2002   9, or successors), provided the taxpayer complies with the provisions of paragraph ( h)( 2) or ( h)( 3) of this section for its first section 448 year. * * * * * ( i) * * * ( 1) In general. Except as provided in paragraphs ( i)( 2), ( 3), ( 4), and ( 5) of this section, this section applies to any taxable year beginning after December 31, 1986. * * * * * ( 5) Effective date. Paragraph ( g)( 2)( i) of this section is effective for taxable years ending on or after the date these regulations are published as final regulations in the Federal Register. However, taxpayers may rely on paragraph ( g)( 2)( i) of this section for taxable years ending on or after May 12, 2003, by filing, in the time and manner otherwise provided in this section, a Form 3115, Application for Change in Accounting Method, for such a taxable year that reflects a section 481( a) adjustment period that is consistent with paragraph ( g)( 2)( i).

David A. Mader, Assistant Deputy Commissioner of Internal Revenue. [ FR Doc. 03   11765 Filed 5   9   03; 8: 45 am]

BILLING CODE 4830   01   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [ FRL   7496   5]

Advisory Committee for Regulatory Negotiation Concerning All Appropriate Inquiry; Meeting AGENCY: Environmental Protection Agency. ACTION: Notice; Meeting of Negotiated Rulemaking Committee on All Appropriate Inquiry.

SUMMARY: The Environmental Protection Agency, as required by the Federal Advisory Committee Act ( Pub. L. 92   463), is announcing the date and location of the next meeting of the Negotiated Rulemaking Committee on All Appropriate Inquiry.

DATES: The next meeting of the Advisory Committee on Regulatory Negotiation for All Appropriate Inquiry is scheduled for June 10 and June 11, 2003.

ADDRESSES: The meeting will take place in Room 1117A of the EPA East Building at 1201 Constitution Ave., NW., Washington, DC. The meeting is scheduled to begin at 8: 30 and end at 4: 30 both days. Dates and locations of subsequent meetings will be announced in later notices.

FOR FURTHER INFORMATION CONTACT: Persons needing further information should contact Patricia Overmeyer of EPA's Office of Brownfields Cleanup and Redevelopment, 1200 Pennsylvania Ave., NW., Mailcode 5105T, Washington, DC 20460, ( 202) 566   2774, or overmeyer. patricia@ epa. gov.

SUPPLEMENTARY INFORMATION: The Federal Advisory Committee meeting is for the purpose of negotiating the contents of a proposed regulation setting federal standards and practices for conducting all appropriate inquiry. Under the Small Business Liability Relief and Brownfields Revitalization Act, EPA is required to develop standards and practices for carrying out all appropriate inquiry. The meeting will commence with a presentation on current public and privately developed practices for conducting environmental site assessments. After the presentation, the Committee will begin substantive deliberations on the content of the proposed rule. Discussions and deliberations will center on the criteria established by Congress in the Small Business Liability Relief and Brownfields Revitalization Act and that are to be included in the proposed rulemaking.

All meetings of the Negotiated Rulemaking Committee are open to the public. There is no requirement for advance registration for members of the public who wish to attend and observe the meeting. Opportunity for the general public to address the Committee will be provided at the end of the Committee meeting agenda on each of the two days.

VerDate Jan< 31> 2003 15: 00 May 09, 2003 Jkt 200002 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 12MYP1. SGM 12MYP1 25313 Federal Register / Vol. 68, No. 91 / Monday, May 12, 2003 / Proposed Rules Dated: May 5, 2003. Thomas P. Dunne, Associate Assistant Administrator, EPA Office of Solid Waste and Emergency Response. [ FR Doc. 03   11755 Filed 5   9   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [ MS   200326b; FRL   7497   2]

Approval and Promulgation of State Plan for Designated Facilities and Pollutants: Mississippi AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the section 111( d)/ 129 State Plan submitted by the Mississippi Department of Environmental Quality ( MDEQ) for the State of Mississippi on August 29, 2002, for implementing and enforcing the Emissions Guidelines applicable to existing Commercial and Industrial Solid Waste Incinerators. The Plan was submitted by MDEQ to satisfy Federal Clean Air Act requirements. In the final rules section of this Federal Register, the EPA is approving the Mississippi State Plan as a direct final rule without prior proposal because the Agency views this as a noncontroversial plan and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to the direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time. DATES: Comments must be received in writing by June 11, 2003. ADDRESSES: All comments should be addressed to: Joydeb Majumder, EPA Region 4, Air Toxics and Monitoring Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303   3104. Copies of materials submitted to EPA may be examined during normal business hours at the above listed Region 4 location. The interested person wanting to examine this document should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Joydeb Majumder at ( 404) 562   9121 or Heidi LeSane at ( 404) 562   9035.

SUPPLEMENTARY INFORMATION: For additional information see the direct final rule which is published in the rules section of this Federal Register.

Dated: April 30, 2003. J. I. Palmer, Jr., Regional Administrator, Region 4. [ FR Doc. 03   11752 Filed 5   9   03; 8: 45 am]

BILLING CODE 6560   50   P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [ CC Docket No. 94   129; FCC 03   42]

Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers; Correction AGENCY: Federal Communications Commission.

ACTION: Proposed rule; correction.

SUMMARY: This document corrects the SUPPLEMENTARY INFORMATION section to the proposed rule published in the Federal Register of April 18, 2003, regarding Unauthorized Changes of Consumers' Long Distance Carriers. This correction revises the figures initially given in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Nancy Stevenson, 202   418   7039.

Correction In the proposed rule FR Doc. 03   9119, beginning on page 19176, in the issue of April 18, 2003, make the following corrections, in the SUPPLEMENTARY INFORMATION section. On page 19177 in the second column, the first full paragraph, correct the following: Number of Respondents: 28,414. Estimated Time Per Response: 3.9 hours. Frequency of Response: On occasion and biennial reporting requirements. Total annual Burden: 111,076 hours. Total Annual Costs: None.

Federal Communications Commission. William F. Caton, Deputy Secretary. [ FR Doc. 03   11724 Filed 5   9   03; 8: 45 am]

BILLING CODE 6712   01   P DEPARTMENT OF DEFENSE 48 CFR Part 245 Defense Federal Acquisition Regulation Supplement; Government Property/ Unique Identification/ Item Marking AGENCY: Department of Defense ( DoD). ACTION: Advance notice of proposed rulemaking and notice of public meeting.

SUMMARY: DoD is soliciting comments from both government and industry regarding potential changes to Defense Federal Acquisition Regulation Supplement ( DFARS) policy on government property in the possession of contractors. These changes relate to item marking and valuing ( providing cost information) for tangible items ( i. e., contractor acquired property and tangible item deliverables). DoD will hold a public meeting to discuss the potential changes and to hear the views of interested parties. DATES: Public Meeting: The public meeting will be held at the address shown below on May 28, 2003, from 8: 30 a. m. to 4 p. m., local time. Submission of Names of Expected Attendees: The names of individuals expected to attend the public meeting should be provided to the point of contact shown below no later than May 21, 2003. Submission of Comments: Written comments on the potential DFARS changes should be submitted to the address shown below no later than June 9, 2003. ADDRESSES: Public Meeting: The public meeting will be held at Logistics Management Institute ( LMI), 2000 Corporate Ridge, McClean, VA 22102   7805; telephone ( 703) 917   9800. Directions to LMI can be obtained at http:// www. lmi. org. Submission of Names of Expected Attendees: The names of individuals expected to attend the public meeting should be provided to Ms. Claudia Low, by telephone at ( 703) 917   7264; by FAX at ( 703) 917   7066; by e mail at clow@ lmi. org; or by mail at Logistics Management Institute, 2000 Corporate Ridge, McClean, VA 22102   7805. Walkin attendance will be accommodated. However, pre registration is preferred. The LMI general phone number is ( 703) 917   7800. Submission of Comments: Interested parties should submit written comments to Mr. Michael Canales, by mail at OUSD( AT& L) DPAP( P), 3060 Defense Pentagon, Washington, DC 20301   3060;

VerDate Jan< 31> 2003 15: 00 May 09, 2003 Jkt 200002 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 12MYP1. SGM 12MYP1


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Rules and Regulations]
[Pages 12503-12504]
[FR Doc No: 2017-04181]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9173; Airspace Docket No. 16-AAL-2]

Amendment of Class E Airspace; Barter Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action revises Class E airspace extending upward from 700
feet above the surface, and adjusts the airport's geographic
coordinates at Barter Island LRRS Airport, Barter Island, AK. The
Barter Island Borough is relocating the airport due to high maintenance
caused by weather erosion. The FAA found modification of standard
instrument approach and departure procedures and supporting airspace
necessary for the safety and management of Instrument Flight Rules
(IFR) operations at the new airport.

DATES: Effective 0901 UTC, April 27, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11A and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Robert LaPlante, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it revises controlled airspace at Barter Island LRRS Airport, Barter
Island, AK.

History

    On October 13, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM), (81 FR 70649) Docket FAA-2016-
9173, to amend Class E airspace extending upward from 700 feet above
the surface at the new Barter Island LRRS Airport, Barter Island, AK,
to support new RNAV (GPS) to RWY 7, and RNAV (GPS) to RWY 25.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.911A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 revises Class E airspace extending upward from 700 feet above
the surface at Barter Island LRRS Airport, Barter Island, AK. Due to
oceanic erosion issues at this remote location, the North Slope Borough
is relocating the airport approximately 2 miles southwest of the
existing airport. The new airspace area is revised to within a 6.4-mile
radius of the airport to support new instrument approach procedures for
IFR operations at the airport. Additionally, the airport's geographic
coordinates are revised to lat. 70[deg]06'47'' N., long.
143[deg]39'13'' W.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA

Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Barter Island, AK [Revised]

Barter Island LRRS Airport, AK
    (Lat. 70[deg]06'47'' N., long. 143[deg]39'13'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Barter Island LRRS Airport, and that
airspace extending upward from 1,200 feet above the surface within a
83-mile radius of Barter Island LRRS Airport, excluding that
airspace east of 141[deg] west longitude, and excluding that
airspace that extends beyond 12 miles of the shoreline.

    Issued in Seattle, Washington, on February 14, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-04181 Filed 3-3-17; 8:45 am]
BILLING CODE 4910-13-P