[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24531-24537]
[FR Doc No: 2017-10908]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0785; FRL-9963-12-Region 10]

Air Plan Approval; Washington: General Regulations for Air
Pollution Sources, Energy Facility Site Evaluation Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving updates
to the Energy Facility Site Evaluation Council (EFSEC) air quality
regulations in the Washington State Implementation Plan (SIP). The
EFSEC regulations primarily adopt by reference the Washington
Department of Ecology (Ecology) general air quality regulations, which
the EPA approved in the fall of 2014 and spring of 2015. Consistent
with our approval of the Ecology general air quality regulations, we
are also approving revisions to EFSEC's air quality regulations to
implement the preconstruction permitting regulations for large
industrial (major source) energy facilities in attainment and
unclassifiable areas, called the Prevention of Significant
Deterioration (PSD) program. The PSD program for major energy
facilities under EFSEC's jurisdiction has historically been operated
under a Federal Implementation Plan (FIP), in cooperation with the EPA
and Ecology. This final approval of the EFSEC PSD program transfers the
authority for issuing PSD permits from EPA to EFSEC for all of the
categories of energy facilities for which EFSEC has jurisdiction. This
narrows the current FIP to cover only those energy facilities for which
EFSEC does not have jurisdiction or authority. The EPA is also
approving EFSEC's visibility protection permitting program which
overlaps significantly with the PSD program in most cases.

DATES: This final rule is effective June 29, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0785. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at http://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave. Suite 900, Seattle, WA 98101; telephone number: (206)
553-0256; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background Information

    On March 22, 2017, the EPA proposed to approve revisions to EFSEC's
general air quality regulations in the SIP (82 FR 14648). An
explanation of the Clean Air Act (CAA) requirements, a detailed
analysis of the revisions, and the EPA's reasons for proposing approval
were provided in the notice of proposed rulemaking, and will not be
restated here. The public comment period for this proposed rule ended
on April 21, 2017. The EPA received one comment on the proposal.

II. Response to Comments

    Comment: ``We need to protect clean air. The regulations that
decrease air pollution should be fully funded and enforced.''
    Response: The SIP revision package submitted jointly by Ecology and
EFSEC discussed the personnel, funding, and authority provided by both
agencies in operating the air quality program for sources under EFSEC's
jurisdiction. As discussed in our proposal, the EPA has worked
cooperatively with Ecology and EFSEC for over twenty years in issuing
PSD and visibility permits, as well as meeting other air quality
requirements. Therefore, consistent with our proposal, we have
determined that EFSEC has adequate personnel, funding, and authority to
implement the PSD and visibility protection programs and that the
revised EFSEC regulations meet the criteria for approval under CAA
section 110.

III. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

    The EPA is approving, and incorporating by reference, the submitted
revisions to Chapter 463-78 Washington Administrative Code (WAC) set
forth below as amendments to 40 CFR part 52.

B. Approved But Not Incorporated by Reference Regulations

    In addition to the regulations approved and incorporated by
reference, the EPA reviews and approves state submissions to ensure
they provide adequate enforcement authority and other general authority
to implement and enforce the SIP. However, regulations describing state
enforcement and other general authorities are generally not
incorporated by reference, so as to avoid potential conflict with the
EPA's independent authorities. The EPA has reviewed and is approving
WAC 463-78-135 Criminal Penalties, WAC 463-78-140 Appeals Procedure
(except subsections 3 and 4 which deal with permits outside the scope
of CAA section 110), WAC 463-78-170 Conflict of Interest, and WAC 463-
78-230 Regulatory Actions, as providing EFSEC with adequate enforcement
and other general authority for purposes of implementing and enforcing
its SIP, but is not incorporating these sections by reference into the
SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including these
sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions
and Quasi-Regulatory Measures, as approved but not incorporated by
reference regulatory provisions.

C. Regulations To Remove From the SIP

    As discussed in our July 10, 2014 proposed approval of revisions to
Chapter 173-400 WAC, Ecology formerly relied on the registration
program under WAC 173-400-100 for determining the applicability of the
new source review (NSR) permitting program (see 79 FR 39351 at page
39354). By statutory directive, this means of determining NSR
applicability was replaced by revisions to WAC 173-400-110 which set
inconsequential unit, activity, and emissions thresholds. In our
October 3, 2014 final action, we

approved WAC 173-400-110 as the means of determining NSR applicability,
and at Ecology's request, removed WAC 173-400-100 from the SIP (79 FR
59653). Consistent with our proposed and final approval of revisions to
Chapter 173-400 WAC, we are now removing, at EFSEC's request, WAC 463-
39-100 Registration (recodified to WAC 463-78-100) from the SIP because
it is no longer used as the means of determining NSR applicability.
    As discussed in the proposal for this action, EFSEC adopted by
reference most of the provisions in Chapter 173-400 WAC, but excluded
certain provisions pertaining to authorities or source categories
outside EFSEC's jurisdiction. WAC 173-400-151 Retrofit Requirements for
Visibility Protection is one such provision. The EPA's May 23, 1996
approval of EFSEC's regulations included the incorporation by reference
of WAC 173-400-151 (61 FR 25791). These regulations establish Best
Available Retrofit Technology (BART) as part of the visibility
protection program for an ``existing stationary facility.'' Under WAC
173-400-151 an ``existing stationary facility'' is defined, among other
factors, as a facility not in operation prior to August 7, 1962, and
also in existence on August 7, 1977. EFSEC advised the EPA that there
are no sources under EFSEC's jurisdiction that meet the definition of
BART-eligible sources. The EPA is therefore granting EFSEC's request to
remove the incorporation by reference of WAC 173-400-151 from the SIP.

D. Transfer of Existing EPA-Issued PSD Permits

    As part of the SIP revision package, EFSEC requested approval to
exercise its authority to fully administer the PSD program with respect
to those sources under EFSEC's permitting jurisdiction that have
existing PSD permits issued by the EPA. This includes authority to
conduct general administration of these existing permits, authority to
process and issue any and all subsequent PSD permit actions relating to
such permits (e.g., modifications, amendments, or revisions of any
nature), and authority to enforce such permits. Since 1993, EFSEC has
had partial delegation of the PSD permitting program under the FIP and
the EPA permits subject to transfer were also issued under state
authority. EFSEC, in coordination with Ecology, has demonstrated
adequate authority to enforce and modify these permits. Concurrent with
our final approval of EFSEC's PSD program into the Washington SIP, we
are transferring the EPA-issued permits to EFSEC for the Chehalis
Generation Facility and Grays Harbor Energy Center facilities.

E. Scope of Final Action

    The EFSEC PSD and visibility permitting programs primarily
incorporate Chapter 173-400 by reference and the December 20, 2016 SIP
revision package requested that the EPA approve the updated EFSEC
regulations consistent with our prior approval of the Ecology
regulations. As discussed in our April 29, 2015 approval of Ecology's
regulations under Chapter 173-400 WAC, Washington State does not
regulate certain carbon dioxide emissions from industrial combustion of
biomass under its PSD program. See 80 FR 23721, at page 23722. We are
therefore revising the PSD FIP at 40 CFR 52.2497 and the visibility
protection FIP at 40 CFR 52.2498 to reflect the approval of EFSEC's PSD
and visibility permitting programs, consistent with our prior approval
of Chapter 173-400 WAC.
    Also as discussed in our prior approval of Ecology's updated
Chapter 173-400 WAC regulations, the EPA is excluding from the scope of
this approval of EFSEC's PSD and visibility permitting programs all
Indian reservations in the State, except for nontrust land within the
exterior boundaries of the Puyallup Indian Reservation (also known as
the 1873 Survey Area), and any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. See 80 FR 23721,
at page 23726. Under the Puyallup Tribe of Indians Settlement Act of
1989, 25 U.S.C. 1773, Congress explicitly provided state and local air
agencies in Washington authority over activities on non-trust lands
within the 1873 Survey Area and the EPA is therefore approving EFESEC's
PSD and visibility permitting programs into the SIP with respect to
such lands.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. These materials
have been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the EPA into that plan, are fully
federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ The EPA has made, and will
continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region 10 Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 approves 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 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using

practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. The SIP is not approved to apply in
Indian country located in the state, except for non-trust land within
the exterior boundaries of the Puyallup Indian Reservation (also known
as the 1873 Survey Area), or any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. Consistent with
EPA policy, the EPA provided a consultation opportunity to the Puyallup
Tribe in a letter dated July 1, 2016. The EPA did not receive a request
for consultation.
    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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: May 17, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Amend Sec.  52.2470 by revising Table 3 of paragraph (c) and Table 1
of paragraph (e), to read as follows:

 Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

 Table 3--Additional Regulations Approved For The Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction
              [See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability]
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
   Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution
                                                     Sources
----------------------------------------------------------------------------------------------------------------
78-005...........................  Adoption by                 8/27/15  5/30/17, [Insert     Except: (2), (3),
                                    Reference.                           Federal Register     (4), and (5). See
                                                                         citation].           below for revised
                                                                                Chapter 173-400
                                                                                WAC provisions
                                                                                incorporated by
                                                                                reference.
78-010...........................  Purpose............         8/27/15  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
78-020...........................  Applicability......        11/11/04  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
78-030...........................  Additional                  8/27/15  5/30/17, [Insert     Except references
                                    Definitions.                         Federal Register     to 173-401-200 and
                                                                         citation].           173-406-101.
78-095...........................  Permit Issuance....         8/27/15  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
78-120...........................  Monitoring and             11/11/04  5/30/17, [Insert
                                    Special Report.                      Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
     Washington Administrative Code, Chapter 173-400 Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
173-400-030......................  Definitions........        12/29/12  5/30/17, [Insert     Except: 173-400-
                                                                         Federal Register     030(91).
                                                                         citation].
173-400-036......................  Relocation of              12/29/12  5/30/17, [Insert
                                    Portable Sources.                    Federal Register
                                                                         citation]..
173-400-040......................  General Standards            4/1/11  5/30/17, [Insert     Except: 173-400-
                                    for Maximum                          Federal Register     040(2)(c); 173-400-
                                    Emissions.                           citation].           040(2)(d); 173-400-
                                                                                040(3); 173-400-
                                                                                040(5); 173-400-
                                                                                040(7), second
                                                                                paragraph.

173-400-050......................  Emission Standards         12/29/12  5/30/17, [Insert     Except: 173-400-
                                    for Combustion and                   Federal Register     050(2); 173-400-
                                    Incineration Units.                  citation].           050(4); 173-400-
                                                                                050(5).
173-400-060......................  Emission Standards          2/10/05
                                    for General
                                    Process Units.
173-400-070......................  Emission Standards         12/29/12  5/30/17, [Insert     Except: 173-400-
                                    for Certain Source                   Federal Register     070(1); 173-400-
                                    Categories.                          citation].           070(2); 173-400-
                                                                                070(3); 173-400-
                                                                                070(4); 173-400-
                                                                                070(6); 173-400-
                                                                                070(7); 173-400-
                                                                                070(8).
173-400-081......................  Startup and                  4/1/11  5/30/17, [Insert
                                    Shutdown.                            Federal Register
                                                                         citation].
173-400-091......................  Voluntary Limits on          4/1/11  5/30/17, [Insert
                                    Emissions.                           Federal Register
                                                                         citation].
173-400-105......................  Records,                   12/29/12  5/30/17, [Insert
                                    Monitoring, and                      Federal Register
                                    Reporting.                           citation].
173-400-107......................  Excess Emissions...         9/20/93  6/2/95, 60 FR
                                                                         28726.
173-400-110......................  New Source Review          12/29/12  5/30/17, [Insert     Except:
                                    (NSR) for Sources                    Federal Register    173-400-110(1)(c)(i
                                    and Portable                         citation].           i)(C); 173-400-
                                    Sources.                                                  110(1)(e); 173-400-
                                                                                110(2)(d); The
                                                                                part of WAC 173-
                                                                                400-110(4)(b)(vi)
                                                                                that says, ``not
                                                                                for use with
                                                                                materials
                                                                                containing toxic
                                                                                air pollutants, as
                                                                                listed in chapter
                                                                                173-460 WAC,'';.
                                                        ..............                       The part of 400-110
                                                                                (4)(e)(iii) that
                                                                                says, ``where
                                                                                toxic air
                                                                                pollutants as
                                                                                defined in chapter
                                                                                173-460 WAC are
                                                                                not emitted'';.
                                                        ..............                       The part of 400-
                                                                                110(4)(f)(i) that
                                                                                says, ``that are
                                                                                not toxic air
                                                                                pollutants listed
                                                                                in chapter 173-460
                                                                                WAC'';.
                                                        ..............                       The part of 400-110
                                                                                (4)(h)(xviii) that
                                                                                says, ``, to the
                                                                                extent that toxic
                                                                                air pollutant
                                                                                gases as defined
                                                                                in chapter 173-460
                                                                                WAC are not
                                                                                emitted''; The
                                                                                part of 400-110
                                                                                (4)(h)(xxxiii)
                                                                                that says, ``where
                                                                                no toxic air
                                                                                pollutants as
                                                                                listed under
                                                                                chapter 173-460
                                                                                WAC are
                                                                                emitted'';.
                                                        ..............                       The part of 400-
                                                                                110(4)(h)(xxxiv)
                                                                                that says, ``, or
                                                                                <= 1% (by weight)
                                                                                toxic air
                                                                                pollutants as
                                                                                listed in chapter
                                                                                173-460 WAC'';.
                                                        ..............                       The part of 400-
                                                                                110(4)(h)(xxxv)
                                                                                that says, ``or <=
                                                                                1% (by weight)
                                                                                toxic air
                                                                                pollutants''; The
                                                                                part of 400-
                                                                                110(4)(h)(xxxvi)
                                                                                that says, ``or <=
                                                                                1% (by weight)
                                                                                toxic air
                                                                                pollutants as
                                                                                listed in chapter
                                                                                173-460 WAC'';.
                                                        ..............                       400-110(4)(h)(xl) ,
                                                                                second sentence;
                                                                                The last row of
                                                                                the table in 173-
                                                                                400-110(5)(b)
                                                                                regarding
                                                                                exemption levels
                                                                                for Toxic Air
                                                                                Pollutants.

173-400-111......................  Processing Notice          12/29/12  5/30/17, [Insert     Except: 173-400-
                                    of Construction                      Federal Register     111(3)(h); 173-400-
                                    Applications for                     citation].           111(5)(a) (last
                                    Sources,                                                  six words); 173-
                                    Stationary Sources                                        400-111(6); The
                                    and Portable                                              part of 173-400-
                                    Sources.                                                  111(8)(a)(v) that
                                                                                says, ``and 173-
                                                                                460-040,''; 173-
                                                                                400-111(9).
173-400-112......................  Requirements for           12/29/12  5/30/17, [Insert
                                    New Sources in                       Federal Register
                                    Nonattainment                        citation].
                                    Areas--Review for
                                    Compliance with
                                    Regulations.
173-400-113......................  New Sources in             12/29/12  5/30/17, [Insert     Except: 173-400-
                                    Attainment or                        Federal Register     113(3), second
                                    Unclassifiable                       citation].           sentence.
                                    Areas--Review for
                                    Compliance with
                                    Regulations.
173-400-116......................  Increment                   9/10/11  5/30/17, [Insert
                                    Protection.                          Federal Register
                                                                         citation].
173-400-117......................  Special Protection         12/29/12  5/30/17, [Insert
                                    Requirements for                     Federal Register
                                    Federal Class I                      citation].
                                    Areas.
173-400-131......................  Issuance of                  4/1/11  5/30/17, [Insert
                                    Emission Reduction                   Federal Register
                                    Credits.                             citation].
173-400-136......................  Use of Emission              4/1/11  5/30/17, [Insert
                                    Reduction Credits                    Federal Register
                                    (ERC).                               citation].
173-400-161......................  Compliance                  3/22/91  6/2/95, 60 FR 28726
                                    Schedules.
173-400-171......................  Public Notice and          12/29/12  5/30/17, [Insert     Except: The part of
                                    Opportunity for                      Federal Register     173-400-171(3)(b)
                                    Public Comment.                      citation].           that says, ``or
                                                                                any increase in
                                                                                emissions of a
                                                                                toxic air
                                                                                pollutant above
                                                                                the acceptable
                                                                                source impact
                                                                                level for that
                                                                                toxic air
                                                                                pollutant as
                                                                                regulated under
                                                                                chapter 173-460
                                                                                WAC''; 173-400-
                                                                                171(12).
173-400-175......................  Public Information.         2/10/05  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
173-400-190......................  Requirements for            3/22/91  6/2/95, 60 FR 28726
                                    Nonattainment
                                    Areas.
173-400-200......................  Creditable Stack            2/10/05  5/30/17, [Insert
                                    Height and                           Federal Register
                                    Dispersion                           citation].
                                    Techniques.
173-400-205......................  Adjustment for              3/22/91  6/2/95, 60 FR 28726
                                    Atmospheric
                                    Conditions.
173-400-700......................  Review of Major              4/1/11  5/30/17, [Insert
                                    Stationary Sources                   Federal Register
                                    of Air Pollution.                    citation].
173-400-710......................  Definitions........        12/29/12  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
173-400-720......................  Prevention of              12/29/12  5/30/17, [Insert     Except: 173-400-
                                    Significant                          Federal Register     720(4)(a)(i
                                    Deterioration                        citation].           through iv); 173-
                                    (PSD).                                                    400-720(4)(b)(iii)
                                                                                (C); and 173-400-
                                                                                720(4)(a)(vi) with
                                                                                respect to the
                                                                                incorporation by
                                                                                reference of the
                                                                                text in 40 CFR
                                                                                52.21(b)(49)(v).
                                                                                * For the purpose
                                                                                of EFSEC's
                                                                                incorporation by
                                                                                reference of 40
                                                                                CFR 52.21, the
                                                                                date in WAC 173-
                                                                                400-720 (4)(a)(vi)
                                                                                is May 1, 2015.
173-400-730......................  Prevention of              12/29/12  5/30/17, [Insert     Except 173-400-
                                    Significant                          Federal Register     730(4).
                                    Deterioration                        citation].
                                    Application
                                    Processing
                                    Procedures.
173-400-740......................  PSD Permitting             12/29/12  5/30/17, [Insert
                                    Public Involvement                   Federal Register
                                    Requirements.                        citation].
173-400-750......................  Revisions to PSD           12/29/12  5/30/17, [Insert     Except: 173-400-
                                    Permits.                             Federal Register     750(2) second
                                                                         citation].           sentence.
173-400-800......................  Major Stationary             4/1/11  5/30/17, [Insert
                                    Source and Major                     Federal Register
                                    Modification in a                    citation].
                                    Nonattainment Area.

173-400-810......................  Major Stationary           12/29/12  5/30/17, [Insert
                                    Source and Major                     Federal Register
                                    Modification                         citation].
                                    Definitions.
173-400-820......................  Determining if a           12/29/12  5/30/17, [Insert
                                    New Stationary                       Federal Register
                                    Source or                            citation].
                                    Modification to a
                                    Stationary Source
                                    is Subject to
                                    these Requirements.
173-400-830......................  Permitting                 12/29/12  5/30/17, [Insert
                                    Requirements.                        Federal Register
                                                                         citation].
173-400-840......................  Emission Offset            12/29/12  5/30/17, [Insert
                                    Requirements.                        Federal Register
                                                                         citation].
173-400-850......................  Actual Emissions           12/29/12  5/30/17, [Insert
                                    Plantwide                            Federal Register
                                    Applicability                        citation].
                                    Limitation (PAL).
173-400-860......................  Public Involvement           4/1/11  5/30/17, [Insert
                                    Procedures.                          Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                         Table 1--Approved But Not Incorporated By Reference Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State/local
       State/local citation           Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
                                  Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
173-400-220......................  Requirements for            3/22/91  6/2/95, 60 FR 28726
                                    Board Members.
173-400-230......................  Regulatory Actions.         3/20/93  6/2/95, 60 FR 28726
173-400-240......................  Criminal Penalties.         3/22/91  6/2/95, 60 FR 28726
173-400-250......................  Appeals............         9/20/93  6/2/95, 60 FR 28726
173-400-260......................  Conflict of                07/01/16  10/6/16, 81 FR
                                    Interest.                            69385.
173-433-200......................  Regulatory Actions         10/18/90  1/15/93, 58 FR 4578
                                    and Penalties.
----------------------------------------------------------------------------------------------------------------
                               Energy Facility Site Evaluation Council Regulations
----------------------------------------------------------------------------------------------------------------
463-78-135.......................  Criminal Penalties.        11/11/04  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
463-78-140.......................  Appeals Procedure..         3/26/06  5/30/17, [Insert     Except (3) and (4).
                                                                         Federal Register
                                                                         citation].
463-78-170.......................  Conflict of                11/11/04  5/30/17, [Insert
                                    Interest.                            Federal Register
                                                                         citation].
463-78-230.......................  Regulatory Actions.        11/11/04  5/30/17, [Insert
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
                                       Benton Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
2.01.............................  Powers and Duties          12/11/14  11/17/15, 80 FR
                                    of the Benton                        71695.
                                    Clean Air Agency
                                    (BCAA).
2.02.............................  Requirements for           12/11/14  11/17/15, 80 FR
                                    Board of Directors                   71695.
                                    Members.
2.03.............................  Powers and Duties          12/11/14  11/17/15, 80 FR
                                    of the Board of                      71695.
                                    Directors.
2.04.............................  Powers and Duties          12/11/14  11/17/15, 80 FR
                                    of the Control                       71695.
                                    Officer.
2.05.............................  Severability.......        12/11/14  11/17/15, 80 FR
                                                                         71695.
2.06.............................  Confidentiality of         12/11/14  11/17/15, 80 FR
                                    Records and                          71695.
                                    Information.
----------------------------------------------------------------------------------------------------------------
                                   Olympic Region Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
8.1.6............................  Penalties..........         5/22/10  10/3/13, 78 FR
                                                                         61188.
----------------------------------------------------------------------------------------------------------------

                                     Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
400-220..........................  Requirements for            3/18/01  04/10/17, 82 FR
                                    Board Members.                       17136.
400-230..........................  Regulatory Actions          10/9/16  04/10/17, 82 FR
                                    and Civil                            17136.
                                    Penalties.
400-240..........................  Criminal Penalties.         3/18/01  04/10/17, 82 FR
                                                                         17136.
400-250..........................  Appeals............         11/9/03  04/10/17, 82 FR
                                                                         17136.
400-260..........................  Conflict of                 3/18/01  04/10/17, 82 FR
                                    Interest.                            17136.
400-270..........................  Confidentiality of          11/9/03  04/10/17, 82 FR
                                    Records and                          17136.
                                    Information.
400-280..........................  Powers of Agency...         3/18/01  04/10/17, 82 FR
                                                                         17136.
----------------------------------------------------------------------------------------------------------------
                                  Spokane Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
8.11.............................  Regulatory Actions         09/02/14  09/28/15, 80 FR
                                    and Penalties.                       58216.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  52.2497 by revising paragraph (a) to read as follows:

Sec.  52.2497  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air
Act are not fully met because the plan does not include approvable
procedures for preventing the significant deterioration of air quality
from:

    (1) Facilities with carbon dioxide (CO2) emissions from
the industrial combustion of biomass in the following circumstances:

    (i) Where a new major stationary source or major modification would
be subject to Prevention of Significant Deterioration (PSD)
requirements for greenhouse gases (GHGs) under 40 CFR 52.21 but would
not be subject to PSD under the state implementation plan (SIP) because
CO2 emissions from the industrial combustion of biomass are
excluded from consideration as GHGs as a matter of state law under RCW
70.235.020(3); or
    (ii) Where a new major stationary source or major modification is
subject to PSD for GHGs under both the Washington SIP and the FIP, but
CO2 emissions from the industrial combustion of biomass are
excluded from consideration in the Ecology PSD permitting process
because of the exclusion in RCW 70.235.020(3);
    (2) Indian reservations in Washington, except for non-trust land
within the exterior boundaries of the Puyallup Indian Reservation (also
known as the 1873 Survey Area) as provided in the Puyallup Tribe of
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
    (3) Sources subject to PSD permits issued by the EPA prior to
August 7, 1977, but only with respect to the general administration of
any such permits still in effect (e.g., modifications, amendments, or
revisions of any nature).
* * * * *

0
4. Amend Sec.  52.2498 by revising paragraph (a) to read as follows:

Sec.  52.2498  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not
fully met because the plan does not include approvable procedures for
visibility new source review for:
    (1) Sources subject to the jurisdiction of local air authorities
(except Benton Clean Air Agency and Southwest Clean Air Agency);
    (2) Indian reservations in Washington except for non-trust land
within the exterior boundaries of the Puyallup Indian Reservation (also
known as the 1873 Survey Area) as provided in the Puyallup Tribe of
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
* * * * *

[FR Doc. 2017-10908 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Proposed Rules]
[Pages 26151-26152]
[FR Doc No: 2022-09429]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0628; FRL-9760-01-R9]

Hawaii: Authorization of State Hazardous Waste Management Program
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed action/decision/authorization.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
authorize changes to Hawaii's hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). These changes were
outlined in an application to the EPA and correspond to certain federal
rules promulgated between July 1, 2016 and June 30, 2020 (also known as
RCRA Clusters XXV to XXVIII) and for authorization of state-initiated
changes that are equivalent to or more stringent than the federal
program. The EPA reviewed Hawaii's application and has determined that
these changes satisfy all requirements needed to qualify for final
authorization. Elsewhere, in the ``Rules and Regulations'' section of
this Federal Register, we are authorizing Hawaii for these changes as a
direct final authorization without a prior proposed action. If we
receive no adverse comment, we will not take further action on this
proposed authorization.

DATES: Comments must be received on or before June 2, 2022.

ADDRESSES: Submit your comments to EPA, identified by Docket ID No.
EPA-R09-RCRA-2021-0628, at https://www.regulations.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from Regulations.gov. 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. 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). The https://www.regulations.gov website 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 https://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. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Dani Allen-Williams,
[email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This document proposes to take action on
Hawaii's changes to its hazardous waste management program under the
Resource Conservation and Recovery Act (RCRA), as amended. We have
published a direct final action authorizing these changes in the
``Rules and Regulations'' section of this issue of the Federal Register
because we view

this as a noncontroversial action and anticipate no adverse comment. We
have explained our reasons for this action in the preamble to the
direct final authorization.
    If we receive no adverse comment, we will not take further action
on this proposed rulemaking. If we receive adverse comment, we will
withdraw the direct final authorization and it will not take effect. We
would then address all public comments in a subsequent final action and
base any further decision on the authorization of the state program
changes after considering all comments received during the comment
period.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: April 25, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-09429 Filed 5-2-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]
[Page 63893-63895]
[DOCID:fr18oc10-125]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Safety Advisory 2010-03

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of Safety Advisory; staying alert and situational
awareness.

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

SUMMARY: FRA is issuing Safety Advisory 2010-03 to remind railroads and
their employees of the importance of situational awareness and the need
to stay alert whenever the job that is being performed changes,
particularly in main track territory. This safety advisory contains
various recommendations to railroads to ensure that these issues are
addressed by appropriate policies and procedures.

FOR FURTHER INFORMATION CONTACT: Ronald Hynes, Director, Office of
Safety Compliance and Assurance, Office of Railroad Safety, FRA, 1200
New Jersey Avenue, SE., Washington, DC 20590, telephone<PHONE_NUMBER>;
or Joseph St. Peter, Trial Attorney, Office of Chief Counsel, FRA, 1200
New Jersey Avenue, SE., Washington, DC 20590, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The overall safety of railroad operations
has improved in recent years. However, a series of events over the past
24 months highlight the need to review current railroad procedures and
practices. This safety advisory emphasizes the need for railroads to
review and update their current procedures relating to situational
awareness, alertness when working on or near main tracks, and job
briefings whenever there is a change in situation.

Recent Incidents

    The following is a discussion of the circumstances surrounding a
recent fatal incident, and is based only on FRA's preliminary
investigation. The accident is still under investigation by FRA and
local authorities. The causes and contributing factors, if any, have
not yet been established. Therefore, nothing in this safety advisory is
intended to attribute a cause to the incident or place responsibility
for the incident on the acts or omissions of any person or entity.
    The fatal incident occurred on September 1, 2010, at approximately
6:50 a.m., in Coon Rapids, Minnesota, on the BNSF Railway's (BNSF) Twin
Cities Division, Staples Subdivision, in double-main track territory.
The incident occurred when a westbound BNSF track geometry train
stopped on Main Track 1 just west of Egrett Boulevard, a
public highway-rail grade crossing equipped with flashers and gates, to
allow a BNSF roadmaster (track supervisor) to disembark from the
geometry car. The roadmaster stepped off the rear (east) end of the
geometry car on the field side of Main Track 1 and onto the
highway-rail grade crossing. As the geometry train resumed movement
west, the roadmaster walked

perpendicularly across the crossing, toward a BNSF vehicle parked on
the opposite side of the crossing that was waiting to pick him up. As
he did so, he stepped into the path of an oncoming passenger train
traveling east on adjacent Main Track 2 at 79 mph, and was
struck and killed. The roadmaster was a 53-year-old employee with 31
years of railroad service.
    FRA is investigating a number of potential factors that may have
been involved in this fatal event. FRA is determining whether any of
these factors, or any other factors it may discover, worked to
drastically change the roadmaster's job situation when he alighted from
the geometry car, or provided a false sense of security regarding the
conditions at the crossing. Some of these factors include:
    (1) The potential distraction caused by the paperwork the
roadmaster was holding.
    (2) The location of the involved crossing in a ``quiet zone.''
Consequently, the striking passenger train was not required to sound
its horn at the grade crossing where the incident occurred.
    (3) Whether the locomotive engineer of the passenger train was
aware that he or she was passing maintenance-of-way equipment.\1\
---------------------------------------------------------------------------

    \1\ BNSF has an operating rule that requires the horn to be
sounded when approaching engineering department employees and their
related equipment.
---------------------------------------------------------------------------

    (4) The view afforded the roadmaster of adjacent Main Track
2, to the west, as the geometry train departed in that
direction.
    (5) The location of the BNSF vehicle the roadmaster was walking
toward.
    (6) The affect of the active warnings displayed by the warning
devices at Egrett Boulevard.
    Subsequent to the incident discussed above, BNSF conducted an
incident briefing with all of their employees, specifically reminding
the employees that fouling track during work, or incidental fouling for
crossing over a track, can never be taken as a routine matter.
Additionally, the briefing addressed several existing BNSF operating
rules mandating that employees be alert and attentive to their duties,
be alert to potential train movements, and take proper precautions when
fouling tracks, including incidental fouling when walking across tracks
when protection has not been provided. FRA fully supports these rules
and applauds BNSF for taking the initiative to remind all of its
employees of the dangers inherent when fouling tracks. FRA believes the
foremost obligation of each employee, with regard to his or her own
personal safety, is individual awareness and accountability.
    FRA notes that there have been other recent incidents in which
railroad employees have been killed and injured after potentially
becoming distracted or unaware of changing job situations. For
instance:
    (1) In 2008, an incident occurred when a two-person train crew,
after reaching their destination, was instructed to secure their
freight train at a location beyond their normal crew change point. The
location was on double-main track on a bridge near a parking lot where
a relief crew could reach the train. The conductor left the cab of the
locomotive to tie hand brakes in order to secure the train, but appears
to have done so without performing a job briefing with the engineer and
without taking his hand-held radio. He crossed in front of the
locomotive and walked across the bridge between the two tracks. An
eastward train, approaching at 26 mph, observed the conductor in the
foul, sounded its whistle, turned the locomotive's headlights to
bright, and tried to stop. However, the eastward train struck and
killed the conductor.
    (2) In 2008, a track gang and a contractor were working together
and walking track along the right-of-way on the Northeast Corridor.
Periodically, the gang would request and receive ``foul time'' to do
closer inspections. Sometime before the incident, the foul time was
cancelled and acknowledged. Shortly thereafter, an Amtrak train passed
into the area and struck three of the track workers and killed the
contractor.
    (3) In 2009, a four-person yard switching crew was pulling cars up
a switching lead to make a shoving movement into a yard track while a
road train was approaching in the same direction on the main track
adjacent to the switching lead. The conductor riding the second
locomotive of the yard switcher exited the cab and got off the train on
the ``live'' side next to the main track, actually fouling the main
track. He was subsequently struck and killed by the train operating on
the main track.
    The employees in the above-listed incidents were all familiar with
operating and safety rules, yet in each case, the employees'
situational awareness seems to have been degraded. FRA believes that
employee alertness to changing job situations could have been
heightened in these situations by the act of engaging in additional job
briefings. As the railroad industry is well aware, a job briefing
should take place at the beginning of a task and anytime the task
changes. Railroad operating rules and certain Federal railroad safety
regulations require that these job briefings take place. The job
briefing can act, particularly when there is more than one person
involved with the task, as a ``time out,'' so to speak, for the
affected employees to reinforce the need to exercise vigilance and
awareness in the performance of their tasks.
    FRA also wishes to reiterate concerns previously expressed to the
railroad industry in a letter dated January 26, 2010. In the present
era of ``instant communications and technology and information
`overload,' '' railroad employees need to maintain complete situational
awareness and avoid distractions. Railroad employees should keep cell
phones and other distracting devices turned off and focus their full
attention on the task at hand. As the above examples indicate, even
slight lapses in situational awareness can lead to tragedy.
    Recommended Action: In light of the above discussion, and in an
effort to maintain the safety of railroad employees on the Nation's
rail system, FRA recommends that railroads:
    (1) Develop processes that promote safety mentoring of fellow
workers regardless of their titles or positions.
    (2) Develop procedures that address the need for dialogue between
coworkers when exiting equipment near tracks or moving equipment.
    (3) Review their current process regarding job briefings and
determine best practices that encourage constant communication about
the activities at hand.
    (4) Assess their current rules addressing personal safety and
employee behavior when on or near tracks, with particular emphasis on
main tracks.
    (5) Review current rules pertaining to activities that could cause
employees to become distracted, including rules pertaining to the use
of electronic devices, with the view of strengthening and expanding
them to include all employees when they are on or near tracks.
    (6) Review current rules pertaining to sounding the locomotive
horn, with the view of requiring the horn to be sounded when
approaching and passing standing trains, especially at or near grade
crossings, regardless of whether such crossings are located in quiet
zones.
    FRA encourages railroad industry members to take action consistent
with the preceding recommendations and to take other actions to help
ensure the safety of the Nation's railroad employees. FRA may modify
this Safety

Advisory 2010-03, issue additional safety advisories, or take other
appropriate actions necessary to ensure the highest level of safety on
the Nation's railroads, including pursuing other corrective measures
under its rail safety authority.

    Issued in Washington, DC, on October 12, 2010.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2010-26089 Filed 10-15-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33373-33374]
[FR Doc No: 2021-13270]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for MET Laboratories, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
June 24, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>OSHA's web page includes information about the
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of MET Laboratories, Inc. (MET), as a NRTL. MET's expansion
covers the addition of one test standard to the NRTL scope of
recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use

products properly approved by the NRTL to meet OSHA standards that
require testing and certification of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET submitted an application, dated May 11, 2018 (OSHA-2006-0028-
0046), to expand the recognition to include one additional test
standard. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing MET's expansion
application in the Federal Register on April 22, 2021 (86 FR 21335).
The agency requested comments by May 7, 2021, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of MET's scope of recognition.
    To obtain or review copies of all public documents pertaining to
MET's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2006-0028 contains all materials
in the record concerning MET's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA staff examined MET's expansion application, the capability to
meet the requirements of the test standard, and other pertinent
information. Based on the review of this evidence, OSHA finds that MET
meets the requirements of 29 CFR 1910.7 for expansion of the NRTL scope
of recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant MET's
scope of recognition. OSHA limits the expansion of MET's recognition to
testing and certification of products for demonstration of conformance
to the test standard listed in Table 1.

 Table 1--List of Appropriate Test Standard for Inclusion in MET's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-010...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use Part 2-010: Particular
                                requirements for Laboratory Equipment
                                for the Heating of Materials.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standard listed above as American National Standards. However, for
convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
MET must abide by the following conditions of the recognition:
    1. MET must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
change(s);
    2. MET must meet all the terms of the NRTL recognition and comply
with all OSHA policies pertaining to this recognition; and
    3. MET must continue to meet the requirements for recognition,
including all previously published conditions on MET's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of MET Inc., subject to the limitations and
conditions specified above.

III. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020)), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 11, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13270 Filed 6-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14901-14903]
[FR Doc No: 2019-07331]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0112; FRL-9992-19-Region 5]

Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste
Incinerator Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request submitted by the Ohio Environmental Protection Agency
(Ohio EPA) on January 24, 2018, to revise the Ohio State Implementation
Plan (SIP) under the Clean Air Act (CAA). Ohio EPA is requesting to
remove provisions under Ohio Administrative Code (OAC) Chapter 3745-75,
that were approved into the Ohio SIP as part of Ohio's Hospital/
Medical/Infectious Waste Incinerator (HMIWI) state plan under sections
110(d) and 129 of the Clean Air Act. In a separate action, EPA has
approved Ohio EPA's request for withdrawal of its HMIWI state plan that
allows the state rules to be superseded by the Federal Plan under 40
CFR part 62, subpart HHH.

DATES: Comments must be received on or before May 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0112 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA proposing to take?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On September 15, 1997, EPA published emission guidelines for HMIWI
under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines
applied to existing sources only, for which construction commenced on
or before June 20, 1996. States were required under sections 111(d) and
129 of the CAA to submit state plans to control emissions from existing
HMIWI units. New sources constructed after this date are covered by a
Federal new source performance standard.
    On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129
state plan for implementing 40 CFR part 60, subpart Ce ``Emission
Guidelines for Existing Hospital/Medical/Infectious Waste
Incinerators''. The state plan was subsequently approved by EPA on July
5, 2007 (72 FR 36605) and became effective on August 6, 2007 under 40
CFR 62.8880. As part of Ohio's HMIWI state plan, OAC Chapter 3745-75,
``Infectious Waste Incinerator Limitations,'' was amended, submitted,
and approved as part of Ohio's SIP (72 FR 36605). Subsequently, on
October 6, 2009 (74 FR 51367) and April 4, 2011 (76 FR 18407), EPA
promulgated final revised emission guidelines and amendments under 40
CFR part 60, subpart Ce, and on May 13, 2013, EPA promulgated a final
revised 40 CFR part 62, subpart HHH Federal Plan (78 FR 28052).
    On January 24, 2018, Ohio EPA submitted a request to approve the
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP,
relying instead on the Federal Plan. Ohio EPA conducted a public
hearing on this matter in Columbus, Ohio on December 7, 2017.

II. What is EPA's analysis of the SIP revision?

    On January 20, 2018, Ohio EPA rescinded rules in OAC 3745-75 that
formerly regulated the operation of and the emissions from HMIWIs in
Ohio. The most recent version of the rules contained in OAC 3745-75
were based on CAA sections 111(d) and 129 and identified the
requirements applicable to the existing HMIWIs for which construction
commenced on or before June 20, 1996. These rules were rescinded by
Ohio EPA as they are no longer necessary since the state is relying on
the Federal Plan. Consistent with this, on July 26, 2018 (83 FR 35422)
EPA approved the withdrawal of the previously approved state plan and
amendment of 40 CFR part 62 to reflect Ohio EPA's withdrawal. As part
of that action, Ohio EPA certified that there is only one HMIWI unit,
as defined under 40 CFR 60.31e, currently operating in Ohio and
requested that the Federal Plan 40 CFR part 62, subpart HHH apply to
that HMIWI unit.
    No emissions increases will result from the removal of the OAC
Chapter 3745-75 provisions from the Ohio SIP. Because the rescinded OAC
Chapter 3745-75 rules will be superseded by the Federal Plan, there are
no CAA section 110(l) issues to address.

III. What action is EPA proposing to take?

    EPA is proposing to approve the revision to the Ohio SIP submitted
by the Ohio EPA on January 24, 2018, because the removal of existing
infectious waste incinerator requirements in OAC Chapter 3745-75 from
the SIP meets all applicable requirements and would not interfere with
reasonable further progress or attainment of any of the national
ambient air quality standards.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves 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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal

governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Ozone, Particulate matter, Volatile organic
compounds.

    Dated: March 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-07331 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Page 10510]
[FR Doc No: 2018-04706]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0013; OMB No. 1660-0008]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Elevation Certificate/Floodproofing Certificate

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on an extension, without change, of a currently approved
information collection. In accordance with the Paperwork Reduction Act
of 1995, this notice seeks comments concerning the Elevation
Certificate and the Floodproofing Certificate for Non-Residential
Structures.

DATES: Comments must be submitted on or before May 8, 2018.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2018-0013. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Joycelyn Collins, Program Analyst,
Flood Insurance Directorate,<PHONE_NUMBER>. You may contact the
Information Management Division for copies of the proposed collection
of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: Communities participating in the National
Flood Insurance Program (NFIP) are required to adopt a floodplain
management ordinance that meets or exceeds the minimum floodplain
management requirements of the NFIP. In accordance with FEMA's minimum
floodplain management criteria, communities must require that all new
construction and substantial improvement of residential structures and
non-residential structures have the lowest floor (including basement)
elevated to above the base flood elevation, unless, for residential
structures, the community is granted an exception by FEMA for the
allowance of basements under 44 CFR 60.6(b) or (c). 44 CFR 60.3(c)(2)
and (3)(i). New construction and substantial improvement of non-
residential structures, together with attendant utility and sanitary
facilities, can also be designed and floodproofed so that below the
base flood level, the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability to resist hydrostatic and hydrodynamic loads and
effects of buoyancy. 44 CFR 60.3(c)(3)(ii). Use of the Elevation
Certificate and Floodproofing Certificate is one convenient way for a
community to document building compliance. Title 44 CFR 61.7 and 61.8
require proper investigation to estimate the risk premium rates
necessary to provide flood insurance.

Collection of Information

    Title: Elevation Certificate/Floodproofing Certificate.
    Type of Information Collection: Extension, without change, of a
currently approved collection.
    OMB Number: 1660-0008.
    FEMA Forms: FEMA Form 086-0-33, Elevation Certificate and FEMA Form
086-0-34, Floodproofing Certificate for Non-Residential Structures.
    Abstract: The Elevation Certificate and Floodproofing Certificate
are used in conjunction with the Flood Insurance Application to rate
Post-Flood Insurance Rate Map (FIRM) buildings in Special Flood Hazard
Areas. These forms are used for buildings constructed on or after the
effective date of the initial FIRM for the community or after December
1, 1974, whichever is later.
    Affected Public: Individuals or households, Business or other for-
profit, Not-for-profit institutions; Farms; State, Local or Tribal
Government.
    Number of Respondents: 12,359.
    Number of Responses: 12,359.
    Estimated Total Annual Burden Hours: 46,345.75.
    Estimated Total Annual Respondent Cost: $2,065,214.10.
    Estimated Respondents' Operation and Maintenance Costs:
$4,325,650.00.
    Estimated Respondents' Capital and Start-Up Costs: 0.
    Estimated Total Annual Cost to the Federal Government: $68,061.00.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate 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; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through 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.

    Dated: March 1, 2018.
William H. Holzerland,
Sr. Director for Information Management, Mission Support, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2018-04706 Filed 3-8-18; 8:45 am]
 BILLING CODE 9111-47-P