[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5475-5483]
[FR Doc No: 2015-01190]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2007-0488; FRL-9921-77-Region 6]

New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to New Mexico

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The New Mexico Environment Department (NMED) has submitted
updated regulations for receiving delegation of the Environmental
Protection Agency (EPA) authority for implementation and enforcement of
New Source Performance Standards (NSPS) and National Emission Standards
for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70
and non-part 70 sources). The delegation of authority under this action
does not apply to sources located in Bernalillo County, New Mexico, or
sources located in Indian Country. EPA is providing notice that it has
approved delegation of certain NSPS to NMED, and taking direct final
action to approve the delegation of certain NESHAPs to NMED.

DATES: This rule is effective on April 3, 2015 without further notice,
unless EPA receives relevant adverse comment by March 4, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the updated NESHAPs
delegation will not take effect; however, the NSPS delegation will not
be affected by such action.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2007-0488, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Rick Barrett at<EMAIL_ADDRESS>Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0488. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information through
http://www.regulations.gov or email, if you believe that it is CBI or
otherwise protected from disclosure. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you

provide it in the body of your comment. If you send an email comment
directly to EPA without going through http://www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment along with any disk or CD-ROM submitted. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rick Barrett or Aimee Wilson, U.S.
EPA, Region 6, Multimedia Planning and Permitting Division (6PD), 1445
Ross Avenue, Dallas, TX 75202-2733, telephone<PHONE_NUMBER> or (214)
665-7596; fax number<PHONE_NUMBER>; or electronic mail at
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refers to EPA.

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must New Mexico's programs meet to be approved?
IV. How did NMED meet the approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will applicability determinations be made?
VIII. What authority does EPA have?
IX. What information must NMED provide to EPA?
X. What is EPA's oversight role?
XI. Should sources submit notices to EPA or NMED?
XII. How will unchanged authorities be delegated to NMED in the
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews

I. What does this action do?

    EPA is providing notice that it is delegating authority for
implementation and enforcement of certain NSPS to NMED. EPA is also
taking direct final action to approve the delegation of certain NESHAPs
to NMED. With this delegation, NMED has the primary responsibility to
implement and enforce the delegated standards.

II. What is the authority for delegation?

    Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to
delegate authority to any state agency which submits adequate
regulatory procedures for implementation and enforcement of the NSPS
program. The NSPS standards are codified at 40 CFR part 60.
    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state or local agency which submits an
adequate regulatory program for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR parts 61 and 63.

III. What criteria must New Mexico's programs meet to be approved?

    In order to receive delegation of NSPS, a state must develop and
submit to the EPA a procedure for implementing and enforcing the NSPS
in the state, and their regulations and resources must be adequate for
the implementation and enforcement of the NSPS. EPA initially approved
New Mexico's program for the delegation of NSPS on June 6, 1986 (51 FR
20648). EPA reviewed the laws of the State and the rules and
regulations of the New Mexico Environmental Improvement Division (now
the NMED) and determined the State's procedures, regulations and
resources adequate for the implementation and enforcement of the
Federal standards. The NSPS delegation was most recently updated on
December 11, 2003 (68 FR 69036). This action notifies the public that
EPA is updating NMED's delegation to implement and enforce certain
additional NSPS.
    As to the NESHAP standards in 40 CFR parts 61 and 63, section
112(l)(5) of the CAA enables EPA to approve state air toxics programs
or rules to operate in place of the Federal air toxics program or
rules. 40 CFR part 63, subpart E (subpart E) governs EPA's approval of
State programs or rules under section 112(l).
    EPA will approve the State's submittal of a program for
implementation and enforcement of the NESHAPs if we find that:
    (1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
    (2) The State has adequate authority and resources to implement the
program;
    (3) The schedule for implementation and compliance is sufficiently
expeditious; and
    (4) The program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), a State must demonstrate that it meets the approval
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim
or final Title V program approval will satisfy the criteria of 40 CFR
63.91(d) for part 70 sources (sources required to obtain operating
permits pursuant to Title V of the Clean Air Act).

IV. How did NMED meet the NSPS and NESHAPs program approval criteria?

    As to the NSPS standards in 40 CFR part 60, NMED adopted the
Federal standards via incorporation by reference. The NMED regulations
are, therefore, at least as stringent as EPA's rules. See 40 CFR
60.10(a). Also, in the EPA initial approval of NSPS delegation, we
determined that the State developed procedures for implementing and
enforcing the NSPS in the State, and that the State's regulations and
resources are adequate for the implementation and enforcement of the
Federal standards. See 51 FR 20648 (June 6, 1986).
    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of
its Title V submission NMED stated that it intended to use the
mechanism of incorporation by reference to adopt unchanged Federal
section 112 standards into its regulations. This commitment applied to
both existing and future standards as they applied to part 70 sources.
EPA's final interim approval of New Mexico's Title V operating permits
program delegated the authority to implement certain NESHAPs, effective
December 19, 1994 (59 FR 59656). On November 26, 1996, EPA promulgated
final full approval of the State's operating permits program, effective
January 27, 1997 (61 FR 60032). These interim and final title V program
approvals satisfy the upfront approval criteria of 40 CFR 63.91(d).
Under 40 CFR 63.91(d)(2), once a state has satisfied the up-front
approval

criteria, it needs only to reference the previous demonstration and
reaffirm that it still meets the criteria for any subsequent submittals
for delegation of the section 112 standards. NMED has affirmed that it
still meets the up-front approval criteria.

V. What is being delegated?

    By letter dated May 2, 2007, EPA received a request from New Mexico
to update NMED's NSPS delegation and NESHAPs delegation. With certain
exceptions noted in section VI below, New Mexico's request included
NSPS in 40 CFR part 60, as amended between September 2, 2002 and
November 30, 2006; NESHAPs in 40 CFR part 61, as amended between
September 2, 2001 and November 30, 2006; and NESHAPs in 40 CFR part 63,
as amended between September 2, 2002 and November 30, 2006.
    By letter dated August 27, 2009, EPA received a second request from
New Mexico to update NMED's NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, New Mexico's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between December 1, 2006 and January 31, 2009.
    By letter dated August 31, 2011, EPA received a third request from
New Mexico to update NMED's NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, New Mexico's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between February 1, 2009 and December 31, 2010.
    By letter dated December 16, 2013, EPA received a fourth request
from New Mexico to update NMED's NSPS delegation and NESHAPs
delegation. With certain exceptions noted in section VI below, New
Mexico's request included NSPS in 40 CFR part 60, as amended between
January 1, 2011, and September 23, 2013; and NESHAPs in 40 CFR part 63,
as amended between January 1, 2011 and August 29, 2013.

VI. What is not being delegated?

    The following part 60, 61 and 63 authorities listed below are not
delegated. All of the inquiries and requests concerning implementation
and enforcement of the excluded standards in the State of New Mexico
should be directed to the EPA Region 6 Office.
     40 CFR part 60, subpart AAA (Standards of Performance for
New Residential Wood Heaters);
     40 CFR part 60, subpart HHHH (Emission Guidelines and
Compliance Times for Coal-Fired Electric Steam Generating Units);
     40 CFR part 61, subpart B (National Emission Standards for
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for
Radionuclide Emissions from Federal Facilities Other Than Nuclear
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for
Radon Emissions from the Disposal of Uranium Mill Tailings); and
     40 CFR part 61, subpart W (National Emission Standards for
Radon Emissions from Operating Mill Tailings).
    In addition, EPA cannot delegate to a State any of the Category II
Subpart A authorities set forth in 40 CFR 63.91(g)(2). These include
the following provisions: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to
Monitoring; and Sec.  63.10(f), Approval of Major Alternatives to
Recordkeeping and Reporting. Also, some Part 63 standards have certain
provisions that cannot be delegated to the States. Therefore, any Part
63 standard that EPA is delegating to NMED that provides that certain
authorities cannot be delegated are retained by EPA and not delegated.
Furthermore, no authorities are delegated that require rulemaking in
the Federal Register to implement, or where Federal overview is the
only way to ensure national consistency in the application of the
standards or requirements of CAA section 112. Finally, section 112(r),
the accidental release program authority, is not being delegated by
this approval.
    In addition, this delegation to NMED to implement and enforce
certain NSPS and NESHAPs does not extend to sources or activities
located in Indian country, as defined in 18 U.S.C. 1151. Under this
definition, EPA treats as reservations, trust lands validly set aside
for the use of a Tribe even if the trust lands have not been formally
designated as a reservation. Consistent with previous federal program
approvals or delegations, EPA will continue to implement the NSPS and
NESHAPs in Indian country because NMED has not submitted information to
demonstrate authority over sources and activities located within the
exterior boundaries of Indian reservations and other areas in Indian
country.

VII. How will applicability determinations be made?

    In approving the NSPS delegation, NMED will obtain concurrence from
EPA on any matter involving the interpretation of section 111 of the
CAA or 40 CFR part 60 to the extent that application, implementation,
administration, or enforcement of these provisions have not been
covered by prior EPA determinations or guidance. See 51 FR 20649 (June
6, 1986).
    In approving the NESHAPs delegation, NMED will obtain concurrence
from EPA on any matter involving the interpretation of section 112 of
the CAA or 40 CFR parts 61 and 63 to the extent that application,
implementation, administration, or enforcement of these provisions have
not been covered by prior EPA determinations or guidance.

VIII. What authority does EPA have?

    We retain the right, as provided by CAA section 111(c)(2), to
enforce any applicable emission standard or requirement under section
111.
    We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting NMED some of
these authorities, and retaining others, as explained in sections V and
VI above. In addition, EPA may review and disapprove State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70
FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
    Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes of the part 63 delegation table
at the end of this rule are the authorities that cannot be delegated to

any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original
delegation agreement. See 51 FR 20648-20650 (June 6, 1986).

IX. What information must NMED provide to EPA?

    Under 40 CFR 60.4(b), all notifications under NSPS must be sent to
both EPA and to NMED. Please send notifications and reports to Chief,
Air/Toxics Inspection and Coordination Branch at the EPA Region 6
office.
    NMED must provide any additional compliance related information to
EPA, Region 6, Office of Enforcement and Compliance Assurance, within
45 days of a request under 40 CFR 63.96(a). In receiving delegation for
specific General Provisions authorities, NMED must submit to EPA Region
6, on a semi-annual basis, copies of determinations issued under these
authorities. For 40 CFR parts 61 and 63 standards, these determinations
include: Section 63.1, Applicability Determinations; Section 63.6(e),
Operation and Maintenance Requirements--Responsibility for Determining
Compliance; Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance; Section 63.6(h), Compliance
with Opacity and Visible Emissions Standards--Responsibility for
Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of
Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor
Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval
of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii),
Approval of Shorter Sampling Times and Volumes When Necessitated by
Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2),
and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and
(e)(1), Approval of Site-Specific Performance Evaluation (Monitoring)
Test Plans; Section 63.8(f), Approval of Minor Alternatives to
Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to
Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time
Periods for Submitting Reports; Section 63.10(f), Approval of Minor
Alternatives to Recordkeeping and Reporting; Section 63.7(a)(4),
Extension of Performance Test Deadline.

X. What is EPA's oversight role?

    EPA must oversee NMED's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that NMED made decisions that decreased the
stringency of the delegated standards, then NMED shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient. See 51 FR 20648 (June 6, 1986).

XI. Should sources submit notices to EPA or NMED?

    All of the information required pursuant to the Federal NSPS and
NESHAPs (40 CFR parts 60, 61 and 63) should be submitted by sources
located outside the boundaries of Bernalillo County and areas outside
of Indian country, directly to the NMED at the following address: New
Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico
87502-5469. The NMED is the primary point of contact with respect to
delegated NSPS and NESHAPs. Sources do not need to send a copy to EPA.
EPA Region 6 waives the requirement that notifications and reports for
delegated standards be submitted to EPA in addition to NMED, in
accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). Also, see 51
FR 20648 (June 6, 1986). For those standards that are not delegated,
sources must continue to submit all appropriate information to EPA.

XII. How will unchanged authorities be delegated to NMED in the future?

    In the future, NMED will only need to send a letter of request to
update their delegation to EPA, Region 6, for those NSPS which they
have adopted by reference. EPA will amend the relevant portions of the
Code of Federal Regulations showing which NSPS standards have been
delegated to NMED. Also, in the future, NMED will only need to send a
letter of request for approval to EPA, Region 6, for those NESHAPs
regulations that NMED has adopted by reference. The letter must
reference the previous up-front approval demonstration and reaffirm
that it still meets the up-front approval criteria. We will respond in
writing to the request stating that the request for delegation is
either granted or denied. A Federal Register action will be published
to inform the public and affected sources of the delegation, indicate
where source notifications and reports should be sent, and to amend the
relevant portions of the Code of Federal Regulations showing which
NESHAP standards have been delegated to NMED.

XIII. Final Action

    The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of section 112
standards, as they apply to part 70 sources, May 19, 1994, for the
proposed interim approval of NMED's Title V operating permits program;
and on November 26, 1996, for the proposed final approval of NMED's
Title V operating permits program. In EPA's final full approval of New
Mexico's Operating Permits Program on November 26, 1996, the EPA
discussed the public comments on the proposed final delegation of the
Title V operating permits program. In today's action, the public is
given the opportunity to comment on the approval of NMED's request for
delegation of authority to implement and enforce certain section 112
standards for all sources (both part 70 and non-part 70 sources) which
have been adopted by reference into New Mexico's state regulations.
However, the Agency views the approval of these requests as a
noncontroversial action and anticipates no adverse comments. Therefore,
EPA is publishing this rule without prior proposal. However, in the
``Proposed Rules'' section of today's Federal Register publication, EPA
is publishing a separate document that will serve as the proposal to
approve the program and NESHAPs delegation of authority described in
this action if adverse comments are received. This action will be
effective April 3, 2015 without further notice unless the Agency
receives relevant adverse comments by March 4, 2015.
    If EPA receives relevant adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect with respect to the updated NESHAPs delegation. We will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Please note that if we receive relevant adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of a relevant adverse
comment.

XIV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the

Office of Management and Budget. For this reason, this action is also
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely approves state law as meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    The delegation is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In addition, this rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the delegation is not approved to apply in
Indian country located in the State, and the EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law. This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state request to receive
delegation of certain Federal standards, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve
submissions, provided that they meet the criteria of the Clean Air Act.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a delegation submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA to use VCS in place of
a delegation submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 3, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

40 CFR Part 61

    Environmental protection, Administrative practice and procedure,
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous
substances, Mercury, Intergovernmental relations, Reporting and
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: December 19, 2014.
Ron Curry,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, 40 CFR parts 60, 61, and 63
are amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Section 60.4 is amended by revising paragraph (b)(GG) introductory
text, and revising paragraph (e)(1) to read as follows:

Sec.  60.4  Address.

* * * * *
    (b) * * *
    (GG) State of New Mexico: New Mexico Environment Department, P.O.
Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of
delegated standards for New Mexico (excluding Bernalillo County and
Indian country), see paragraph (e)(1) of this section.
* * * * *
    (e) * * *
    (1) New Mexico. The New Mexico Environment Department has been
delegated all part 60 standards promulgated by EPA, except subpart
AAA--Standards of Performance for New Residential Wood Heaters; and
subpart HHHH--Emission Guidelines and Compliance Times for Coal-Fired
Electric Steam Generating Units, as amended in the Federal Register
through September 23, 2013.
* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
3. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
4. Section 61.04 is amended by revising paragraphs (b)(GG) introductory
text and (c)(6)(iii) to read as follows:

Sec.  61.04  Address.

    (b) * * *
    (GG) State of New Mexico: New Mexico Environment Department, P.O.
Box 5469, Santa Fe, New Mexico

87502-5469. For a list of delegated standards for New Mexico (excluding
Bernalillo County and Indian country), see paragraph (c)(6) of this
section.
* * * * *
    (c) * * *
    (6) * * *
    (iii) New Mexico. The New Mexico Environment Department (NMED) has
been delegated the following part 61 standards promulgated by EPA, as
amended in the Federal Register through December 31, 2010. The (X)
symbol is used to indicate each subpart that has been delegated.

   Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for New
                                                     Mexico
                                [Excluding Bernalillo County and Indian Country]
----------------------------------------------------------------------------------------------------------------
                    Subpart                                     Source category                      NMED \1\
----------------------------------------------------------------------------------------------------------------
A.............................................  General Provisions.............................               X
B.............................................  Radon Emissions From Underground Uranium Mines.  ...............
C.............................................  Beryllium......................................               X
D.............................................  Beryllium Rocket Motor Firing..................               X
E.............................................  Mercury........................................               X
F.............................................  Vinyl Chloride.................................               X
G.............................................  (Reserved).....................................  ...............
H.............................................  Emissions of Radionuclides Other Than Radon      ...............
                                                 From Department of Energy Facilities.
I.............................................  Radionuclide Emissions From Federal Facilities   ...............
                                                 Other Than Nuclear Regulatory Commission
                                                 Licensees and Not Covered by Subpart H.
J.............................................  Equipment Leaks (Fugitive Emission Sources) of                X
                                                 Benzene.
K.............................................  Radionuclide Emissions From Elemental            ...............
                                                 Phosphorus Plants.
L.............................................  Benzene Emissions From Coke By-Product Recovery               X
                                                 Plants.
M.............................................  Asbestos.......................................               X
N.............................................  Inorganic Arsenic Emissions From Glass                        X
                                                 Manufacturing Plants.
O.............................................  Inorganic Arsenic Emissions From Primary Copper               X
                                                 Smelters.
P.............................................  Inorganic Arsenic Emissions From Arsenic                      X
                                                 Trioxide and Metallic Arsenic Production
                                                 Facilities.
Q.............................................  Radon Emissions From Department of Energy        ...............
                                                 Facilities.
R.............................................  Radon Emissions From Phosphogypsum Stacks......  ...............
S.............................................  (Reserved).....................................  ...............
T.............................................  Radon Emissions From the Disposal of Uranium     ...............
                                                 Mill Tailings.
U.............................................  (Reserved).....................................  ...............
V.............................................  Equipment Leaks (Fugitives Emission Sources)...               X
W.............................................  Radon Emissions From Operating Mill Tailings...  ...............
X.............................................  (Reserved).....................................  ...............
Y.............................................  Benzene Emissions From Benzene Storage Vessels.               X
Z-AA..........................................  (Reserved).....................................  ...............
BB............................................  Benzene Emissions From Benzene Transfer                       X
                                                 Operations.
CC-EE.........................................  (Reserved).....................................  ...............
FF............................................  Benzene Waste Operations.......................               X
----------------------------------------------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).

* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
5. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read as
follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (32) * * *
    (i) The following table lists the specific part 63 standards that
have been delegated unchanged to the New Mexico Environment Department
for all sources. The ``X'' symbol is used to indicate each subpart that
has been delegated. The delegations are subject to all of the
conditions and limitations set forth in Federal law, regulations,
policy, guidance, and determinations. Some authorities cannot be
delegated and are retained by EPA. These include certain General
Provisions authorities and specific parts of some standards. Any
amendments made to these rules after August 29, 2013, are not
delegated.

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
               Subpart                             Source category                NMED \1\ \2\   ABCAQCB \1\ \3\
----------------------------------------------------------------------------------------------------------------
A....................................  General Provisions.....................               X                X
D....................................  Early Reductions.......................               X                X
F....................................  Hazardous Organic NESHAP (HON)--                      X                X
                                        Synthetic Organic Chemical
                                        Manufacturing Industry (SOCMI).
G....................................  HON--SOCMI Process Vents, Storage                     X                X
                                        Vessels, Transfer Operations and
                                        Wastewater.
H....................................  HON--Equipment Leaks...................               X                X

I....................................  HON--Certain Processes Negotiated                     X                X
                                        Equipment Leak Regulation.
J....................................  Polyvinyl Chloride and Copolymers                 (\4\)            (\4\)
                                        Production.
K....................................  (Reserved).............................  ...............  ...............
L....................................  Coke Oven Batteries....................               X                X
M....................................  Perchloroethylene Dry Cleaning.........               X                X
N....................................  Chromium Electroplating and Chromium                  X                X
                                        Anodizing Tanks.
O....................................  Ethylene Oxide Sterilizers.............               X                X
P....................................  (Reserved).............................  ...............  ...............
Q....................................  Industrial Process Cooling Towers......               X                X
R....................................  Gasoline Distribution..................               X                X
S....................................  Pulp and Paper Industry................               X                X
T....................................  Halogenated Solvent Cleaning...........               X                X
U....................................  Group I Polymers and Resins............               X                X
V....................................  (Reserved).............................  ...............  ...............
W....................................  Epoxy Resins Production and Non-Nylon                 X                X
                                        Polyamides Production.
X....................................  Secondary Lead Smelting................               X                X
Y....................................  Marine Tank Vessel Loading.............               X                X
Z....................................  (Reserved).............................  ...............  ...............
AA...................................  Phosphoric Acid Manufacturing Plants...               X                X
BB...................................  Phosphate Fertilizers Production Plants               X                X
CC...................................  Petroleum Refineries...................               X                X
DD...................................  Off-Site Waste and Recovery Operations.               X                X
EE...................................  Magnetic Tape Manufacturing............               X                X
FF...................................  (Reserved).............................  ...............  ...............
GG...................................  Aerospace Manufacturing and Rework                    X                X
                                        Facilities.
HH...................................  Oil and Natural Gas Production                        X                X
                                        Facilities.
II...................................  Shipbuilding and Ship Repair Facilities               X                X
JJ...................................  Wood Furniture Manufacturing Operations               X                X
KK...................................  Printing and Publishing Industry.......               X                X
LL...................................  Primary Aluminum Reduction Plants......               X                X
MM...................................  Chemical Recovery Combustion Sources at               X                X
                                        Kraft, Soda, Sulfide, and Stand-Alone
                                        Semichemical Pulp Mills.
NN...................................  (Reserved).............................  ...............  ...............
OO...................................  Tanks-Level 1..........................               X                X
PP...................................  Containers.............................               X                X
QQ...................................  Surface Impoundments...................               X                X
RR...................................  Individual Drain Systems...............               X                X
SS...................................  Closed Vent Systems, Control Devices,                 X                X
                                        Recovery Devices and Routing to a Fuel
                                        Gas System or a Process.
TT...................................  Equipment Leaks--Control Level 1.......               X                X
UU...................................  Equipment Leaks--Control Level 2                      X                X
                                        Standards.
VV...................................  Oil-Water Separators and Organic-Water                X                X
                                        Separators.
WW...................................  Storage Vessels (Tanks)--Control Level                X                X
                                        2.
XX...................................  Ethylene Manufacturing Process Units                  X   ...............
                                        Heat Exchange Systems and Waste
                                        Operations.
YY...................................  Generic Maximum Achievable Control                    X                X
                                        Technology Standards.
ZZ-BBB...............................  (Reserved).............................  ...............  ...............
CCC..................................  Steel Pickling--HCI Process Facilities                X                X
                                        and Hydrochloric Acid Regeneration.
DDD..................................  Mineral Wool Production................               X                X
EEE..................................  Hazardous Waste Combustors.............               X                X
FFF..................................  (Reserved).............................  ...............  ...............
GGG..................................  Pharmaceuticals Production.............               X                X
HHH..................................  Natural Gas Transmission and Storage                  X                X
                                        Facilities.
III..................................  Flexible Polyurethane Foam Production..               X                X
JJJ..................................  Group IV Polymers and Resins...........               X                X
KKK..................................  (Reserved).............................  ...............  ...............
LLL..................................  Portland Cement Manufacturing..........               X                X
MMM..................................  Pesticide Active Ingredient Production.               X                X
NNN..................................  Wool Fiberglass Manufacturing..........               X                X
OOO..................................  Amino/Phenolic Resins..................               X                X
PPP..................................  Polyether Polyols Production...........               X                X
QQQ..................................  Primary Copper Smelting................               X                X
RRR..................................  Secondary Aluminum Production..........               X                X
SSS..................................  (Reserved).............................  ...............  ...............
TTT..................................  Primary Lead Smelting..................               X                X
UUU..................................  Petroleum Refineries--Catalytic                       X                X
                                        Cracking Units, Catalytic Reforming
                                        Units and Sulfur Recovery Plants.
VVV..................................  Publicly Owned Treatment Works (POTW)..               X                X
WWW..................................  (Reserved).............................  ...............  ...............
XXX..................................  Ferroalloys Production: Ferromanganese                X                X
                                        and Silicomanganese.
AAAA.................................  Municipal Solid Waste Landfills........               X                X

CCCC.................................  Nutritional Yeast Manufacturing........               X                X
DDDD.................................  Plywood and Composite Wood Products....           \5\ X   ...............
EEEE.................................  Organic Liquids Distribution...........               X                X
FFFF.................................  Misc. Organic Chemical Production and                 X   ...............
                                        Processes (MON).
GGGG.................................  Solvent Extraction for Vegetable Oil                  X                X
                                        Production.
HHHH.................................  Wet Formed Fiberglass Mat Production...               X                X
IIII.................................  Auto & Light Duty Truck (Surface                      X   ...............
                                        Coating).
JJJJ.................................  Paper and other Web (Surface Coating)..               X                X
KKKK.................................  Metal Can (Surface Coating)............               X                X
MMMM.................................  Misc. Metal Parts and Products (Surface               X   ...............
                                        Coating).
NNNN.................................  Surface Coating of Large Appliances....               X                X
OOOO.................................  Fabric Printing Coating and Dyeing.....               X                X
PPPP.................................  Plastic Parts (Surface Coating)........               X                X
QQQQ.................................  Surface Coating of Wood Building                      X                X
                                        Products.
RRRR.................................  Surface Coating of Metal Furniture.....               X                X
SSSS.................................  Surface Coating for Metal Coil.........               X                X
TTTT.................................  Leather Finishing Operations...........               X                X
UUUU.................................  Cellulose Production Manufacture.......               X                X
VVVV.................................  Boat Manufacturing.....................               X                X
WWWW.................................  Reinforced Plastic Composites                         X                X
                                        Production.
XXXX.................................  Rubber Tire Manufacturing..............               X                X
YYYY.................................  Combustion Turbines....................               X                X
ZZZZ.................................  Reciprocating Internal Combustion                     X   ...............
                                        Engines (RICE).
AAAAA................................  Lime Manufacturing Plants..............               X                X
BBBBB................................  Semiconductor Manufacturing............               X                X
CCCCC................................  Coke Ovens: Pushing, Quenching and                    X                X
                                        Battery Stacks.
DDDDD................................  Industrial/Commercial/Institutional               \6\ X   ...............
                                        Boilers and Process Heaters.
EEEEE................................  Iron Foundries.........................               X                X
FFFFF................................  Integrated Iron and Steel..............               X                X
GGGGG................................  Site Remediation.......................               X                X
HHHHH................................  Miscellaneous Coating Manufacturing....               X                X
IIIII................................  Mercury Cell Chlor-Alkali Plants.......               X                X
JJJJJ................................  Brick and Structural Clay Products                (\7\)                X
                                        Manufacturing.
KKKKK................................  Clay Ceramics Manufacturing............           (\7\)                X
LLLLL................................  Asphalt Roofing and Processing.........               X                X
MMMMM................................  Flexible Polyurethane Foam Fabrication                X                X
                                        Operation.
NNNNN................................  Hydrochloric Acid Production, Fumed                   X                X
                                        Silica Production.
OOOOO................................  (Reserved).............................  ...............  ...............
PPPPP................................  Engine Test Facilities.................               X                X
QQQQQ................................  Friction Products Manufacturing........               X                X
RRRRR................................  Taconite Iron Ore Processing...........               X                X
SSSSS................................  Refractory Products Manufacture........               X                X
TTTTT................................  Primary Magnesium Refining.............               X                X
UUUUU................................  Coal and Oil-Fired Electric Utility               \8\ X   ...............
                                        Steam Generating Units.
VVVVV................................  (Reserved).............................  ...............  ...............
WWWWW................................  Hospital Ethylene Oxide Sterilizers....               X   ...............
XXXXX................................  (Reserved).............................  ...............  ...............
YYYYY................................  Electric Arc Furnace Steelmaking Area                 X   ...............
                                        Sources.
ZZZZZ................................  Iron and Steel Foundries Area Sources..               X   ...............
AAAAAA...............................  (Reserved).............................  ...............  ...............
BBBBBB...............................  Gasoline Distribution Bulk Terminals,                 X   ...............
                                        Bulk Plants, and Pipeline Facilities.
CCCCCC...............................  Gasoline Dispensing Facilities.........               X   ...............
DDDDDD...............................  Polyvinyl Chloride and Copolymers                     X   ...............
                                        Production Area Sources.
EEEEEE...............................  Primary Copper Smelting Area Sources...               X   ...............
FFFFFF...............................  Secondary Copper Smelting Area Sources.               X   ...............
GGGGGG...............................  Primary Nonferrous Metals Area Source:                X   ...............
                                        Zinc, Cadmium, and Beryllium.
HHHHHH...............................  Paint Stripping and Miscellaneous                     X   ...............
                                        Surface Coating Operations at Area
                                        Sources.
IIIIII...............................  (Reserved).............................  ...............  ...............
JJJJJJ...............................  Industrial, Commercial, and                           X   ...............
                                        Institutional Boilers Area Sources.
KKKKKK...............................  (Reserved).............................  ...............  ...............
LLLLLL...............................  Acrylic and Modacrylic Fibers                         X   ...............
                                        Production Area Sources.
MMMMMM...............................  Carbon Black Production Area Sources...               X   ...............
NNNNNN...............................  Chemical Manufacturing Area Sources:                  X   ...............
                                        Chromium Compounds.
OOOOOO...............................  Flexible Polyurethane Foam Production                 X   ...............
                                        and Fabrication Area Sources.
PPPPPP...............................  Lead Acid Battery Manufacturing Area                  X   ...............
                                        Sources.
QQQQQQ...............................  Wood Preserving Area Sources...........               X   ...............
RRRRRR...............................  Clay Ceramics Manufacturing Area                      X   ...............
                                        Sources.
SSSSSS...............................  Glass Manufacturing Area Sources.......               X   ...............
TTTTTT...............................  Secondary Nonferrous Metals Processing                X   ...............
                                        Area Sources.
UUUUUU...............................  (Reserved).............................  ...............  ...............
VVVVVV...............................  Chemical Manufacturing Area Sources....               X   ...............

WWWWWW...............................  Plating and Polishing Operations Area                 X   ...............
                                        Sources.
XXXXXX...............................  Metal Fabrication and Finishing Area                  X   ...............
                                        Sources.
YYYYYY...............................  Ferroalloys Production Facilities Area                X   ...............
                                        Sources.
ZZZZZZ...............................  Aluminum, Copper, and Other Nonferrous                X   ...............
                                        Foundries Area Sources.
AAAAAAA..............................  Asphalt Processing and Asphalt Roofing                X   ...............
                                        Manufacturing Area Sources.
BBBBBBB..............................  Chemical Preparation Industry Area                    X   ...............
                                        Sources.
CCCCCCC..............................  Paints and Allied Products                            X   ...............
                                        Manufacturing Area Sources.
DDDDDDD..............................  Prepared Feeds Areas Sources...........               X   ...............
EEEEEEE..............................  Gold Mine Ore Processing and Production               X   ...............
                                        Area Sources.
FFFFFFF--GGGGGGG.....................  (Reserved).............................  ...............  ...............
HHHHHHH..............................  Polyvinyl Chloride and Copolymers                     X   ...............
                                        Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended
  in the Federal Register through August 29, 2013.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by EPA, as amended in the Federal Register through July 1, 2004.
\4\ The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted
  the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to EPA
  by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental
  Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the DC Court's holding this subpart is not
  delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of
  Appeals for the District of Columbia Circuit.
\6\ Final rule. See 78 FR 7138 (January 31, 2013).
\7\ This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of
  Columbia Circuit on March 13, 2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC
  Court's holding this subpart is not delegated to NMED at this time.
\8\ Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues
  on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action
  on June 25, 2013 (78 FR 38001, 2013).

* * * * *
[FR Doc. 2015-01190 Filed 1-30-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Page 38299]
[FR Doc No: 2018-16751]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR18-30-000]

Targa NGL Pipeline Company LLC; Notice of Petition for
Declaratory Order

    Take notice that on July 27, 2018, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2017), Targa NGL Pipeline
Company LLC (Targa or Petitioner) filed a declaratory order petition
seeking approval of the overall tariff rate structure and terms and
conditions of service, including the proposed prorationing methodology
for a new pipeline system that Targa is developing through a
combination of newly constructed and leased capacity to transport mixed
natural gas liquids from processing facilities in Coal and Hughes
Counties, Oklahoma to Targa's affiliate's storage facilities in Mont
Belvieu, Texas, all 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, 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 website 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 protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 27, 2018.

    Dated: July 31, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16751 Filed 8-3-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63485-63486]
[FR Doc No: 2013-24923]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4145-DR; Docket ID FEMA-2013-0001]

Colorado; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Colorado (FEMA-4145-DR), dated September 14,
2013, and related determinations.

DATES: Effective Date: September 14, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 14, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Colorado resulting from severe storms, flooding, landslides, and
mudslides beginning on September 11, 2013, and continuing, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Colorado.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program in the
designated area, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate subject to completion of Preliminary Damage Assessments
(PDAs). Direct Federal assistance is authorized.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to Section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael J. Hall, of

FEMA is appointed to act as the Federal Coordinating Officer for this
major disaster.
    The following areas of the State of Colorado have been designated
as adversely affected by this major disaster:

    Boulder County for Individual Assistance.
    Boulder County for debris removal and emergency protective
measures (Categories A and B), including direct federal assistance,
under the Public Assistance program.
    All counties within the State of Colorado are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-24923 Filed 10-23-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Notices]
[Page 8398-8399]
[DOCID:fr13fe08-168]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2008-0026]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for public comment on proposed collection of
information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes one collection of information for which NHTSA
intends to seek OMB approval.

DATES: Comments must be received on or before April 14, 2008.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2008-0026] by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.

    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://www.regulations.gov
, including any personal information provided.

Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov
.

    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street

address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Markus
Price, NHTSA, 1200 New Jersey Avenue, SE., W43-472 NVS-121, Washington,
DC 20590. Mr. Markus Price's telephone number is<PHONE_NUMBER>. Please
identify the relevant collection of information by referring to its OMB
Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.

In compliance with these requirements, NHTSA asks for public comments
on the following proposed collections of information:
    Title: Compliance Labeling of Retroreflective Materials Heavy
Trailer Conspicuity.
    OMB Number: 2127-0569.
    Type of Request: Extension of currently approved collection.
    Affected Public: Business or other for profit organizations.
    Abstract: Federal Motor Vehicle Safety Standard No. 108, ``Lamps,
Reflective Devices, and Associated Equipment,'' specifies requirements
for vehicle lighting for the purposes of reducing traffic accidents and
their tragic results by providing adequate roadway illumination,
improved vehicle conspicuity, appropriate information transmission
through signal lamps, in day, night, and other conditions of reduced
visibility. For certifications and identification purposes, the
Standard requires the permanent marking of the letters DOT-C2, DOT-C3,
or DOT-C4 at least 3 mm high at regular intervals on retroreflective
sheeting material having adequate performance to provide effective
trailer conspicuity.
    The manufacturers of new tractors and trailers are required to
certify that their products are equipped with retroreflective material
complying with the requirements of the standard. The Federal Highway
Administration (FHWA) Office of Motor Carrier Safety enforces this and
other standards through roadside inspections of trucks. There is no
practical field test for the performance requirements, and labeling is
the only objective way of distinguishing trailer conspicuity grade
material from lower performance material. Without labeling, FHWA will
not be able to enforce the performance requirements of the standard and
the compliance testing of new tractors and trailers will be
complicated. Labeling is also important to small trailer manufacturers
because it may help them to certify compliance. Because wider stripes
or material of lower brightness also can provide the minimum safety
performance, the marking system serves the additional role of
identifying the minimum stripe width required for retroreflective
brightness of the particular material. Since the differences between
the brightness grades of suitable retroreflective conspicuity material
is not obvious from inspection, the marking system is necessary for
tractor and trailer manufacturers and repair shops to assure compliance
and for FHWA to inspect tractors and trailers in use.
    Permanent labeling is used to identify retroreflective material
having the minimum properties required for effective conspicuity of
trailers at night. The information enables the FHWA to make compliance
inspections, and it aids tractor and trailer owners and repairs shops
in choosing the correct repair materials for damaged tractors and
trailers. It also aids smaller trailer manufacturers in certifying
compliance of their products.
    The FHWA will not be able to determine whether trailers are
properly equipped during roadside inspections without labeling. The use
of cheaper and more common reflective materials, which are ineffective
for the application, would be expected in repairs without the labeling
requirement.
    Estimated Total Annual Burden: 1.
    Estimated Number of Respondents: 6.

    Issued: February 5, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 08-609 Filed 2-12-08; 8:45 am]

BILLING CODE 4910-59-M


[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Rules and Regulations]
[Pages 4648-4650]
[FR Doc No: 2012-1954]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0994; Directorate Identifier 2009-NE-39-AD;
Amendment 39-16934; AD 2012-02-11]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc (RR) RB211-535 Series
Turbofan Engine

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for

all RR RB211-535E4-37, -535E4-B-37, -535E4-B-75, and -535E4-C-37
turbofan engines. That AD currently requires performing initial and
repetitive visual and fluorescent penetrant inspections (FPI) of the
low-pressure (LP) turbine stage 1, 2, and 3 discs to detect cracks in
the discs. This new AD continues to require those inspections and
changes the definition of a shop visit to be less restrictive. This AD
was prompted by our finding that the definition of shop visit in the
existing AD was too restrictive. We are issuing this AD to revise the
definition of shop visit and to detect cracks in the LP turbine stage
1, 2, and 3 discs, which could result in an uncontained release of LP
turbine blades and damage to the airplane.

DATES: This AD is effective March 6, 2012.

ADDRESSES: For service information identified in this AD, contact
Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; phone:
011 44 1332 242424, fax: 011 44 1332 249936; or email: http://www.rolls-royce.com/contact/civil_team.jsp, or download the
publication from https://www.aeromanager.com. You may review copies of
the referenced service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (781)
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine
Certification Office, FAA, 12 New England Executive Park, Burlington,
MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-11-08, amendment 39-16707 (76 FR 30529,
May 26, 2011). That AD applies to the specified products. The NPRM was
published in the Federal Register on October 25, 2011 (76 FR 65997).
That NPRM proposed to continue to require performing an initial FPI on
the LP turbine stage 1, 2, and 3 discs at the next engine shop
inspection after the effective date of that AD. That NPRM also
continued to require repetitive inspections at each engine shop visit
after accumulating 1,500 cycles since last inspection of the LP turbine
stage 1, 2, and 3 discs. That NPRM also proposed to change the
definition of a shop visit to be less restrictive.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 65997, October 25,
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects about 588 RB211-535 series
turbofan engines installed on airplanes of U.S. registry. We also
estimate that it will take about 30 work-hours per product to comply
with this AD. The average labor rate is $85 per work-hour. No parts are
required. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $1,499,400.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2011-11-08, Amendment 39-16707 (76 FR 30529, May 26, 2011, and adding
the following new AD:

2012-02-11 Rolls-Royce plc: Amendment 39-16934; Docket No. FAA-2009-
0994; Directorate Identifier 2009-NE-39-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 6, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-11-08, Amendment 39-16707 (76 FR
30529, May 26, 2011).

(c) Applicability

    This AD applies to Rolls-Royce plc RB211-535E4-37, -535E4-B-37,
-535E4-B-75, and -535E4-C-37 turbofan engines.

(d) Unsafe Condition

    This AD was prompted by our determination that the definition of
``shop visit'' in the existing AD is too restrictive, in

that it would require operators to inspect more often than required
to ensure safety. We are issuing this AD to revise the definition of
shop visit and to detect cracks in the low-pressure (LP) turbine
stage 1, 2, and 3 discs, which could result in an uncontained
release of LP turbine blades and damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(1) Initial Inspection Requirements

    At the next engine shop visit after the effective date of this
AD, perform a visual and a fluorescent penetrant inspection of the
LP turbine stage 1, 2, and 3 discs.

(2) Repeat Inspection Requirements

    At each engine shop visit after accumulating 1,500 cycles since
the last inspection of the LP turbine stage 1, 2 and 3 discs, repeat
the inspections specified in paragraph (e)(1) of this AD.

(3) Remove Cracked Discs

    If you find cracks, remove the disc from service.

(f) Definitions

    For the purpose of this AD, an ``engine shop visit'' is
induction of an engine into the shop for any purpose where:
    (1) All the blades are removed from the high-pressure (HP)
compressor discs and the HP turbine disc, or
    (2) All the blades are removed from the intermediate pressure
turbine disc.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) Contact Alan Strom, Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
(781) 238-7199; email<EMAIL_ADDRESS>for more information
about this AD.
    (2) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0244, dated November 9, 2009, and Rolls-Royce plc
Alert Service Bulletin No. RB.211-72-AG272 for related information.
Contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United
Kingdom; phone: 011 44 1332 242424, fax: 011 44 1332 249936; or
email: http://www.rollsroyce.com/contact/civil_team.jsp, for a copy
of this service information or download the publication from https://www.aeromanager.com.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on January 25, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-1954 Filed 1-30-12; 8:45 am]
BILLING CODE 4910-13-P