[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53309]
[DOCID:fr16oc09-140]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending September
26, 2009

    The following Agreements were filed with the Department of
Transportation under Sections 412 and 414 of the Federal Aviation Act,
as amended (49 U.S.C. 1383 and 1384), and procedures governing
proceedings to enforce these provisions. Answers may be filed within 21
days after the filing of the application.
    Docket Number: DOT-OST-2009-0227.
    Date Filed: September 21, 2009.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 610--Resolution 010j--TC3 Special Passenger
Amending Resolution between China (excluding Hong Kong SAR and Macao
SAR) and Japan (Memo 1318). Intended Effective Date: October 1, 2009.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. E9-24784 Filed 10-15-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Proposed Rules]
[Pages 21302-21308]
[FR Doc No: 2013-08398]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2013-0180, FRL-9800-3]

Approval and Promulgation of Implementation Plans; New York State
Ozone Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the New York State Implementation Plan (SIP) for
ozone concerning the control of oxides of nitrogen. The proposed SIP
revision consists of amendments to Title 6 of the New York Codes, Rules
and Regulations Part 200, ``General Provisions,'' Part 212, ``General
Process Emission Sources,'' Part 220, ``Portland Cement Plants and
Glass Plants,'' and Subpart 227-2, ``Reasonably Available Control
Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOx).''
The intended effect of this action is to approve control strategies,
required by the Clean Air Act, which will result in emission reductions
that will help attain and maintain the national ambient air quality
standards for ozone.

DATES: Comments must be received on or before May 10, 2013.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2013-0180, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Richard Ruvo, Acting Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Richard Ruvo, acting Chief, Air Programs
Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway,
25th Floor, New York, New York 10007-1866. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30 excluding federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2013-
0180. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
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 that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
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 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 and with any disk or CD-ROM you submit. 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 or 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: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:30 a.m.
to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber (wieber.kirk@epa.gov),
Air Programs Branch, Environmental Protection Agency, 290 Broadway,
25th Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is required by the Clean Air Act (Act) and how does it apply
to New York?
    A. What is the history and time frame for State Implementation
Plan (SIP) submissions?
    B. What are the moderate area requirements?
II. What was included in New York's submittals?
III. What is EPA's evaluation of Part 212, ``General Process
Emission Sources''?
    A. Background
    B. What are the new requirements of Part 212?
    C. What is EPA's evaluation?
IV. What is EPA's evaluation of Part 220, ``Portland Cement Plants
and Glass Plants''?
    A. Background
    B. What are the new requirements of Part 220?
    C. What is EPA's evaluation?
V. What is EPA's evaluation of Part 227-2, ``Reasonably Available
Control Technology (RACT) for Major Facilities of Oxides of Nitrogen
(NOX)''?
    A. Background
    B. What are the new requirements of Part 227-2?
    C. What is EPA's evaluation?
VI. What other revisions did New York make?
VII. What is EPA's conclusion?
VIII. What are the consequences if a final conditional approval is
converted to a disapproval?
IX. Statutory and Executive Order Reviews

I. What is required by the Clean Air Act (Act) and how does it apply to
New York?

A. What is the history and time frame for State Implementation Plan
(SIP) submissions?

    In 1997, EPA revised the health-based national ambient air quality
standards (NAAQS or standard) for ozone, setting it at 0.08 parts per
million averaged over an 8-hour period. EPA set the 8-hour ozone
standard based on scientific evidence demonstrating that ozone causes
adverse health effects at lower ozone concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
standard was set. EPA determined that the 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma. On April 30, 2004 (69 FR 23858),
EPA finalized its attainment/nonattainment designations for areas
across the country with respect to the 8-hour ozone standard. These
actions became effective on June 15, 2004. The three 8-hour ozone
moderate nonattainment areas located in New York State are: the New
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area; the
Poughkeepsie nonattainment area; and the Jefferson County nonattainment
area. The New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT nonattainment area is composed of the five boroughs of
New York City and the surrounding counties of Nassau, Suffolk,
Westchester and Rockland. This is collectively referred to as the New
York City Metropolitan Area or NYMA. The Poughkeepsie nonattainment
area is composed of Dutchess, Orange and Putnam counties.
    The April 30, 2004 designations triggered the Act's requirements
under section 182(b) for moderate nonattainment areas, including a
requirement to submit a demonstration of attainment. EPA notes that on
December 7, 2009 (74 FR 63993), EPA determined that the Poughkeepsie
area attained the 8-hour ozone standard and on March 25, 2008 (73 FR
15672) EPA determined that Jefferson County attained the 8-hour ozone
standard. On June 18, 2012 (77 FR 36163) EPA determined that the New
York City Metropolitan Area attained the 8-hour ozone standard.

B. What are the moderate area requirements?

    To assist states in meeting the Act's requirements for ozone, EPA
released an 8-hour ozone implementation rule in two phases. EPA's Phase
1 8-hour ozone implementation rule, published on April 30, 2004 (69 FR
23951) and referred to as the Phase 1 Rule, specifies that states must
submit these attainment demonstrations to EPA by no later than three
years from the effective date of designation--that is, submit them by
June 15, 2007.\1\
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    \1\ On December 22, 2006, the United States Court of Appeals for
the District of Columbia Circuit (the Court) vacated the Phase 1
Rule. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882
(D.C. Cir. 2006). Subsequently, in South Coast Air Quality
Management Dist. v. EPA, 489 F.3d 1295 (D.C. Cir. 2007), in response
to several petitions for rehearing, the Court clarified that the
Phase 1 Rule was vacated only with regard to those parts of the rule
that had been successfully challenged. The court upheld the portions
of the Phase 1 Rule relating to EPA's classification system under
subpart 2. The portions of the rule that were vacated do not affect
this proposed action.
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    On November 29, 2005, EPA published Phase 2 of the 8-hour ozone
implementation rule (70 FR 71612), referred to as the Phase 2 Rule,
which addressed the control and state plan obligations that apply to
areas designated nonattainment for the 8-hour NAAQS. Among other
things, the Phase 1 and Phase 2 Rules outline the SIP requirements and
deadlines for various requirements in areas designated as moderate
nonattainment. For such areas, reasonably available control technology
(RACT) plans were due by September 2006 (40 CFR 51.912(a)(2)).
    Both the Phase 1 and Phase 2 rules require that modeling and
attainment demonstrations, reasonable further progress plans,
reasonably available control measure (RACM) analysis, projection year
emission inventories, motor vehicle emissions budgets and contingency
measures were all due by June 15, 2007 (40 CFR 51.908(a)).
    On July 23, 2010 (75 FR 43066), EPA conditionally approved New
York's statewide RACT and RACM SIP revision. EPA conditionally approved
the RACT and RACM analyses for the 1997 8-hour ozone NAAQS based on New
York's commitment to submit adopted RACT/RACM rules for several source
categories by August 31, 2010. On May 28, 2010 (75 FR 29897) and March
8, 2012 (77 FR 13974), EPA approved five New York VOC RACT/RACM rules
that New York committed to adopt pursuant to EPA's July 23, 2010
conditional approval. The three NOX RACT rules that are the
subject of this proposed action are the only remaining rules pursuant
to EPA's July 23, 2010 conditional approval and New York's commitment
to adopt additional RACT/RACM rules.

II. What was included in New York's submittals?

    On August 19, 2010 and December 15, 2010, the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
proposed revisions to the SIP, which included State adopted revisions
to four regulations contained in Title 6 of the New York Code of Rules
and Regulations (6 NYCRR) Part 200, ``General Provisions,'' Part 212,
``General Process Emission Sources,'' Part 220, ``Portland Cement
Plants and Glass Plants,'' and Part 227-2, ``Reasonably Available
Control Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NOX),'' with effective dates of September 30, 2010, July
11, 2010 and July 8, 2010, respectively. These revisions are applicable
statewide and will therefore provide oxides of nitrogen
(NOX) emission reductions statewide and will address, in
part, attainment of the 1997 8-hour ozone standard in the NYMA and the
RACT and RACM requirements.

III. What is EPA's evaluation of Part 212, ``General Process Emission
Sources''?

A. Background

    The NYSDEC revised 6 NYCRR Part 212, by adding section 212.12,
``Hot mix asphalt production plants,'' to include control requirements
for hot mix asphalt production plants. These control requirements will
be specifically aimed at reducing NOX emissions resulting
from combustion during the aggregate drying and heating process.
    With the exception of section 212.12, NOX requirements
under Part 212 affect only major facilities. Major facilities or major
sources are those that have a potential to emit NOX
emissions in excess of 100 tons/yr (upstate) and 25 tons/yr (downstate
or in the NYMA.) Most, if not all, hot mix asphalt plants in New York
State are minor sources. These new requirements will therefore be
targeted primarily at minor sources. Approximately 200 hot mix asphalt
production plants exist throughout the State, though not all are
currently in service. While some asphalt production plants have
consolidated under common ownership, many of these could be considered
small businesses. On February 28, 2013, New York submitted a letter to
EPA certifying that there are no ``major source'' asphalt production
plants located in New York State.

B. What are the new requirements of Part 212?

    The new compliance requirements under section 212.12 apply
uniformly statewide. Under the proposed requirements, owners and
operators of hot mix asphalt production plants must comply with
NOX reduction practices and the possible application of low
NOX burner control technology. Annual burner tune-ups will
be required in order to increase the efficiency of the dryer burner.
Plants will also be required to implement methods of reducing the
moisture content in their aggregate stockpiles, which will result in
less drying time and therefore will require less fuel to be burned and
less NOX emissions.
    The owners or operators of plants will also be required to analyze
the economic feasibility of installing a low NOX burner \2\
when their current burner is due to be replaced (though no later than
2020). In instances where it proves feasible, the installation of a low
NOX burner will be required. The cost effectiveness
calculation contained in New York's ``Air Guide 20 Economic and
Technical Analysis for Reasonably Available Control Technology'' will
be utilized, with a threshold that represents the dollar per ton value
of RACT at the time the analysis is done, in order to determine
economic feasibility.
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    \2\ As defined in Subpart 212.1, ``A burner designed to reduce
flame turbulence by the mixing of fuel and air and by establishing
fuel-rich zones for initial combustion, thereby reducing the
formation of nitrogen oxides.''
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C. What is EPA's evaluation?

NOX Emission Control Requirements and Compliance Dates
    Section 212.12 requires facilities to do the following for reducing
NOX emissions; (1) Perform a tune-up on the dryer burner on
an annual basis, (2) submit a plan which details the introduction or
continuation of methods by which to reduce the moisture content of the
aggregate stockpile(s), and (3) analyze the economic feasibility of
installing a low NOX burner when it comes time for their
current burner to be replaced. New York requires that ``Air Guide 20
Economic and Technical Analysis for Reasonably Available Control
Technology'' will be utilized, with a threshold that represents the
dollar per ton value of RACT at the time the analysis is done, in order
to determine economic feasibility.
    New York amended Part 212 by including new provisions applicable to
asphalt production plants that will result in additional reductions in
NOX emissions. Emission reductions required by sections
182(b)(2) and 172(c)(1) of the Act that are used to fulfill in the 1997
ozone SIP, are required for all existing ``major sources,'' see section
182(b)(1)(A)(ii)(II) of the Act. As discussed previously, New York's
section 212.12 applies to hot mix asphalt production plants, most which
are minor sources. As noted in New York's February 28, 2013 letter,
there are no existing major sources of hot mix asphalt production.
Therefore, EPA proposes to determine the emission reductions resulting
from section 212.12 represent additional reductions in NOX
emissions towards attaining and maintaining the ozone standard.
    Part 212 contains the required elements for a federally enforceable
rule: emission control requirements, compliance procedures and test
methods, compliance dates and record keeping provisions. Therefore, EPA
is proposing to approve the revisions to Part 212.

IV. What is EPA's evaluation of Part 220, ``Portland Cement Plants and
Glass Plants''?

A. Background

    The NYSDEC revised 6 NYCRR Part 220, which is divided into two
subparts: 220-1 for portland cement plants; and 220-2 for glass
manufacturing plants. In addition to other requirements, the existing
regulation imposed RACT requirements on NOX emissions from
portland cement kilns. The NYSDEC revised Part 220 to require updated
NOX RACT for cement kilns at portland cement plants, and to
require NOX RACT for glass furnaces at glass plants. The
revisions will apply statewide to major facilities only. Major
facilities are those that have a potential to emit NOX
emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate).
    The NYSDEC is taking a RACT approach that requires a facility
specific analysis. The plant owner or operator will be required to
perform a facility specific RACT analysis for emissions of
NOX that includes proposed NOX RACT emission
limit(s), identifies the procedures and monitoring equipment to be used
to demonstrate compliance with the proposed NOX RACT
emission limit(s), and includes a schedule for equipment installation.
The RACT analysis will be submitted to the NYSDEC for review and
approval and subsequently submitted to EPA as a proposed revision to
the SIP.

B. What are the new requirements of Part 220?

    The revised Subpart 220-1 revisions include the removal of a
definition, the addition of several new definitions, and revisions to
the RACT requirements for NOX emissions. Section 220.1 will
become section 220-1.1 and will be revised to remove the definition of
``RACT'' and ``Upset Condition.'' Also, the revisions will add
definitions for clinker, portland cement kiln, and portland cement
plant. Sections 220.2 through 220.5 will become sections 220-1.2
through 220-1.5. These sections contain existing requirements for
particulate emissions from existing, new, and modified kilns and
clinker coolers, opacity limits for portland cement processes, and
particulate emissions from dust dumps.
    Section 220.6 will become section 220-1.6 and the existing
NOX RACT requirements will be replaced with new
NOX RACT requirements. The revisions require a portland
cement kiln owner or operator to perform a facility specific RACT
analysis for emissions of NOX from the kiln that includes
proposed RACT emission limit(s), identifies the

procedures and monitoring equipment to be used to demonstrate
compliance with the proposed RACT emission limit(s), and includes a
schedule for equipment installation. The RACT analysis was to be
submitted to the NYSDEC by December 1, 2010. RACT, as approved by the
NYSDEC, must be implemented by July 1, 2012. Approved RACT
determinations will be submitted by the NYSDEC to the EPA for approval
as separate SIP revisions. The proposed revisions include a kiln shut
down option. The owner or operator of a portland cement kiln may opt to
comply with the RACT requirements by shutting down the kiln. An owner
or operator choosing this option shall submit an application for a
federally enforceable permit modification by December 1, 2010 wherein
the owner or operator commits to permanently shut down the furnace by
July 1, 2012.
    Section 220.8 will become section 220-1.7 and will be revised to
require NOX emissions from portland cement kilns to be
continuously monitored. The proposed revisions include specific
continuous emissions monitoring, reporting, and recordkeeping
requirements.
    Proposed Subpart 220-2 is new. This subpart will require
NOX RACT for glass furnaces at glass plants. The
requirements of this Subpart apply to any glass plant that is a major
facility of NOX emissions. Definitions of glass melting
furnace, glass plants, and glass produced or glass production are
included in section 220-2.2.
    Section 220-2.3 contains the NOX RACT requirements. The
revisions require a glass melting furnace owner or operator to perform
a facility specific RACT analysis for emissions of NOX from
the furnace that includes proposed RACT emission limit(s), identifies
the procedures and monitoring equipment to be used to demonstrate
compliance with the RACT emission limit(s), and includes a schedule for
equipment installation. The RACT analysis will be submitted to the
NYSDEC by December 1, 2010. RACT, as approved by the NYSDEC, must be
implemented by July 1, 2012. Approved RACT determinations will be
submitted by the NYSDEC to the EPA for approval as separate SIP
revisions. The proposed revisions include a glass melting furnace shut
down option. The owner or operator of a glass melting furnace may opt
to comply with the RACT requirements by shutting down the furnace. An
owner or operator choosing this option shall submit an application for
a federally enforceable permit modification by December 1, 2010 wherein
the owner or operator commits to permanently shut down the furnace by
July 1, 2012.
    The section 220-2.4 revisions require NOX emissions from
glass melting furnaces to be continuously monitored. The revisions
include specific continuous emissions monitoring, reporting, and
recordkeeping requirements.

C. What is EPA's evaluation?

Subpart 220-1 Portland Cement Plants
    It is EPAs understanding that there are three portland cement
plants located in New York State that are subject to the RACT
provisions of subpart 220-1. These three facilities are also subject to
New York's regional haze plan's best available retrofit technologies
(BART) provisions pursuant to 6 NYCRR Part 249.
    Of the three cement plants, EPA has been informed that one of the
facilities (Holcim) will be shutting down operations and surrendering
the operating permit for the kiln. Another facility (Lafarge) will be
modernizing the existing plant by replacing the two existing long wet
kilns with a new short dry kiln and pre-heater pre-calciner tower. The
third facility (LeHigh) concluded that SNCR technology is cost
effective ($1,145/ton NOX removed) and will therefore be
installing an SNCR. On August 28, 2012 (77 FR 51915), EPA approved
these scenarios for each facility as BART determinations pursuant to
Part 249. Although EPA believes that the BART determinations approved
for these facilities would also constitute RACT, New York is obligated
to submit the RACT determinations to EPA as SIP revisions in order to
satisfy the subpart 220-1.6(b)(4) RACT requirement and sections
172(c)(1) and 182(b) of the Act.
    According to EPA's November 7, 1996 policy memo, entitled
``Approval Options for Generic RACT Rules Submitted to Meet the non-CTG
VOC RACT Requirement and Certain NOX RACT Requirements,''
EPA may fully approve VOC and NOX RACT regulations provided:
(1) The state has submitted a generic rule, and now believes that it
has submitted to EPA all the source-specific rules and has submitted a
negative declaration that to its best knowledge, there are no remaining
unregulated sources, or (2) the generic rule covers only a limited
number of sources, with emissions, in the aggregate, that are
determined to be de-minimis. In a letter dated February 28, 2013 to
EPA, New York commits to submit the applicable single source
NOX RACT determinations to EPA by December 1, 2013.
    EPA evaluated the provisions of subpart 220-1 for consistency with
the Act, EPA regulations, and EPA policy and proposes to conditionally
approve them based on New York submitting the individual single source
RACT determinations to EPA by December 1, 2013.
Subpart 220-2 Glass Plants
    It is EPA's understanding that there are four glass plants located
in New York State. Subpart 220-2 does not identify a specific control
strategy or emission limit as RACT for these facilities and requires
individual source specific RACT determinations. To date, EPA has not
received any of those source specific RACT determinations. However, in
a letter dated February 28, 2013 to EPA, New York commits to submit the
applicable single source NOX RACT determinations to EPA by
December 1, 2013.
    EPA evaluated the provisions of subpart 220-2 for consistency with
the Act, EPA regulations, and EPA policy (see EPA's RACT policy memo
referenced above) and proposes to conditionally approve them based on
New York submitting the individual single source RACT determinations to
EPA by December 1, 2013.

V. What is EPA's evaluation of Part 227-2, ``Reasonably Available
Control Technology (RACT) for Major Facilities of Oxides of Nitrogen
(NOX)''?

A. Background

    New York adopted revisions to Subpart 227-2 for the purpose of
imposing more stringent emission limits on major stationary sources of
NOX that contribute to local and regional nonattainment of
the 1997 and 2008 ozone standards. The revisions to Subpart 227-2
essentially entail increasing the stringency of emissions limits for
six of the source categories and lowering of the size thresholds for
two categories of sources. There are also two revisions that will allow
subject sources increased flexibility in achieving compliance.

B. What are the new requirements of Part 227-2?

    The Subpart 227-2 revisions include the removal of several
definitions (to be relocated to Part 200) and revision of other
definitions, a change in the application and permitting requirements, a
change in emission limits for most boiler categories, a requirement to
submit a new RACT proposal for combined cycle combustion turbines, and
revisions to the compliance options.

    Section 227-2.2 was revised to remove the definitions of boiler,
combined cycle combustion turbine, combustion turbine, continuous
emissions monitoring system (CEMS) certification protocol, emergency
power generating stationary internal combustion engine, preliminary
continuous emissions monitoring system plan, simple cycle combustion
turbine, and very large boiler. These definitions will be moved to 6
NYCRR Part 200 (preliminary continuous emissions monitoring system plan
will be changed to continuous emissions monitoring system plan), as
stated above. Also, the revisions will modify the terms mid-size boiler
and small boiler. A mid-size boiler will now be defined as ``a boiler
with a maximum heat input capacity greater than 25 million Btu per hour
and equal to or less than 100 million Btu per hour.'' A small boiler
will now be defined as ``a boiler with a maximum heat input capacity
equal to or greater than one million Btu per hour and equal to or less
than 25 million Btu per hour.''
    Section 227-2.3 was revised to specifically require that subject
facilities must submit an application for a Title V permit or permit
modification (depending on the current facility status). The
requirement to submit a compliance plan was removed since this
information is now included in the facility's permit application.
    Section 227-2.4 was revised to change the presumptive RACT emission
limits for very large, large, and mid-size boilers. Combined cycle
turbines will be required to perform a case-by-case RACT analysis.
Also, the revisions will remove the 500-hour non-ozone season
presumptive emission limit exemption for simple cycle combustion
turbines.
    Section 227-2.5 was revised to include a shutdown option for any
subject emission source. The intent to shut down an emission source
must be recorded as part of a permit modification prior to January 1,
2012, wherein the owner or operator commits to permanently shut down
the emission source prior to December 31, 2014. Section 227-2.5 also
allows for additional compliance flexibility via applying for a system
averaging plan.

C. What is EPA's evaluation?

 NOX Emission Rates
    New York has revised section 227-2.4 (Control requirements)
requiring stricter NOX emission limits on three boiler
categories, requiring owners of combined cycle combustion turbines to
submit a RACT proposal that the State expects will result in additional
NOX emission reductions, as well as other revisions that are
expected to lower NOX emissions. New York expects that when
the stricter control requirements are implemented by the July 1, 2014
compliance date, actual NOX emissions in the State will be
reduced by 28,796 tons per year or a daily reduction of 78.9 tons from
2007 levels. The following summarizes the revised control requirements
at section 227-2.4 that are expected to result in NOX
reductions:
     For very large boilers, presumptive NOX
emission limits are lowered to the range of 0.08 to 0.20 pounds per
million BTU (lb/mmBTU), depending upon the type fuel and boiler
configuration. The new limits represent NOX reductions in
the range of 40% to 88%.
     For large boilers, presumptive NOX emission
limits are lowered to the range of 0.06 to 0.20 lb/mmBTU which equates
to NOX reductions in the range of 50% to 73.3%.
     For mid-size boilers, presumptive NOX emissions
are lowered to the range of 0.05 to 0.20 lb/mmBTU which equates to
NOX reductions in the range of 33% to 50%.
     For small boilers, the upper range of this boiler category
is lowered from 50 mmBTU/hr to 25 mmBTU/hr thereby requiring boilers in
the range greater than 25 mmBTU/hr up to 50 mmBTU/hr to be reclassified
as mid-size boilers thereby requiring these boilers to meet the
presumptive emission limits for mid-size boilers. Currently these small
boilers only need to conduct an annual tune-up. New York's revised
definitions of the terms ``Small boiler'' and ``Mid-size boiler'' are
found at sections 227-2.2(b)(8) and 227-2.2(b)(4), respectively, and
these revised definitions are acceptable to EPA.
     For small size boilers, the lower limit of this boiler
category was 20 mmBTU/hr (10 mmBTU/hr for coal and residual oil-fired
sources in the severe ozone nonattainment area) but is now equal to or
greater than one mmBTU/hr. Therefore, the additional boilers will need
to comply with the section 227-2.4(d) requirement to conduct an annual
tune-up.
     For all combined cycle combustion turbines that operate
after July 1, 2014, owners or operators must submit a RACT proposal to
NYSDEC for approval. 6 NYCRR 227-2.4(e)(3). The State's approved RACT
plan would be submitted to EPA for approval as a SIP revision in
accordance with section 227-2.3(c).
     New York removed the presumptive emission limit exemption
for peaking combustion turbines that operate less than 500 hours during
the non-ozone season. These sources must now comply annually with the
control requirements at section 227-2.4(e).
     Small combustion turbines and small stationary internal
combustion engines are now required to comply with the section 227-
2.4(d) requirement to conduct an annual tune-up. New York defines the
terms ``Small combustion turbine'' and ``Small stationary internal
combustion engine'' at sections 227-2.2(b)(9) and (10), respectively,
and these new definitions are acceptable to EPA.
    EPA believes that the new presumptive emission limits and other
control requirements will result in additional NOX
reductions throughout the State thereby strengthening New York's ozone
SIP and will help the State attain and maintain the 1997 ozone standard
and help achieve attainment of the 2008 8-hour ozone standard.
Compliance Dates and Flexibility
    There are two revisions to Part 227-2 that will allow subject
sources increased flexibility in achieving compliance--one allows
different owners to engage in a systems averaging plan and the second
allows a permanent shutdown by a date certain as a compliance option.
Systems Averaging Plan
    New York revised the definition of ``system'' at section 227-
2.2(b)(12), as used in the term ``system averaging plan'' in subpart
227-2.5(b), to read as ``a combination of operating emission sources
that are located within the same ozone nonattainment area. A system may
consist of multiple emission sources at multiple facilities having
different owners and/or operators.'' New York verbally confirmed to EPA
that the detailed procedures for determining compliance with the
averaging plan are included in title V permits of those facilities that
choose to make use of this option. In addition, New York's system
averaging plan requires that ``every owner or operator of an emission
source participating in the system averaging plan is liable for any and
all violations of the provisions of this Subpart [i.e., subpart 227-2]
by any owner or operator of any emission source participating in the
system averaging plan.'' 6 NYCRR 227-2.5(b)(4). New York's averaging
provision, 227-2.5(b)(2) further restricts the plan by only allowing
averaging of facilities within the ``severe ozone nonattainment area''
but not with facilities inside and outside the nonattainment area.
Although EPA has not classified any 8-hour ozone nonattainment areas in
New York as severe, New York retained the term ``severe ozone
nonattainment area'' to

maintain consistency with existing SIP approved regulations and ``anti-
backsliding'' provisions of the Act. These affected counties are the
same counties defined by EPA for New York's marginal 2008 8-hour ozone
nonattainment area for the New York City Metropolitan area and include
the same counties now being maintained for the 1997 8-hour moderate
ozone New York City Metropolitan area. Since New York avoids potential
confusion by defining the affected counties in the ``severe
nonattainment area,'' this is acceptable to EPA.
Shutdown of an Emissions Source
    New York provides owners/operators with a new compliance option at
section 227-2.5(d) that allows them to comply with the State's
NOX RACT requirements by shutting down an emission source by
a date certain. New York requires that, ``The intent to shut down must
be recorded as part of a federally enforceable permit modification
prior to January 1, 2012, wherein the owner or operator commits to
permanently shut down the emission source prior to December 31, 2014.''
    New York's revised system averaging plan is acceptable to EPA as it
is enforceable through federally enforceable title V permits and it
reflects current situations where there could be multiple ownership of
a particular facility.
    EPA evaluated the provisions of Part 227-2 for consistency with the
Act, EPA regulations, and EPA policy and proposes to approve them.

VI. What other revisions did New York make?

    New York also made administrative changes to Part 200, ``General
Provisions'' which reflect implementation of the Part 212, 220 and 227-
2 provisions. The Part 200 revisions also reflect implementation of
provisions for three previously approved New York regulations, Part
228, ``Surface Coating Processes, Commercial and Industrial Adhesives,
Sealants and Primers,'' Part 234, ``Graphic Arts,'' and Part 241,
``Asphalt Pavement and Asphalt Based Surface Coating,'' (see 77 FR
13974). Specifically, New York made amendments to section 200.1,
``Definitions.'' The section 200.1 amendments add the definitions for
the terms boiler, combined cycle combustion turbine, combustion
turbine, continuous emissions monitoring system (CEMS) certification
protocol, continuous emissions monitoring system plan, emergency power
generating stationary internal combustion engine, simple cycle
combustion turbine, and very large boiler. These definitions are being
included under section 200.1 for consistency due to their use in
multiple regulations.
    The revisions to Part 200 will also add new references in section
200.9, ``Referenced Material,'' Table 1. The revisions to Table 1
include all documents referenced in the proposed amendments to Parts
212, 220, 227-2 and previously approved Parts 228, 234 and 241. It is
important to note that EPA is proposing to approve only those revisions
made to Part 200, specifically sections 200.1 and 200.9, as effective
January 1, 2011.

VII. What is EPA's conclusion?

    EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA proposes that the revisions
made to 6 NYCRR Part 200, ``General Provisions,'' Part 212, ``General
Process Emission Sources,'' Part 220, ``Portland Cement Plants and
Glass Plants,'' and Part 227-2, ``Reasonably Available Control
Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NOX)'' with effective dates of January 1, 2011, September
30, 2010, July 11, 2010 and July 8, 2010, respectively, meet the SIP
requirements of the Act. EPA is proposing to: approve sections 200.1
and 200.9; approve Part 212; to conditionally approve Part 220 based on
New York's commitment to submit the individual RACT determinations to
EPA as SIP revisions by December 1, 2013; and, to approve Part 227-2.
These revisions meet the requirements of the Act and EPA's regulations,
and are consistent with EPA's guidance and policy. EPA is taking this
action pursuant to section 110 and part D of the Act and EPA's
regulations.
    EPA is proposing a conditional approval of New York's proposed
revisions to 6 NYCRR Part 220 based on New York's February 28, 2013
letter, committing to submit the applicable NOX RACT single
source SIPs by December 1, 2013.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain, but not later than 1 year from the date of
approval. If EPA conditionally approves the commitment in a final
rulemaking action, the State must meet its commitment to adopt the
identified source specific SIP revisions. If the State fails to do so,
this action will become a disapproval upon the State's failure to meet
its commitment. EPA will notify the State by letter that this action
has occurred. If the conditional approval converts to a disapproval,
the commitment will no longer be a part of the approved New York SIP.
Upon notification to the State that the conditional approval has
converted to a disapproval, EPA will publish a notice in the Federal
Register notifying the public that the conditional approval
automatically converted to a disapproval. If EPA disapproves the
proposed revisions to Part 220, such action will start a sanctions and
FIP clock (see section VII). If the State meets its commitment, within
the applicable time frame, the conditionally approved submission will
remain a part of the SIP. If EPA approves the submittals, the revisions
to Part 220 will be fully approved into the SIP in their entirety and
the conditional approval removed.

VIII. What are the consequences if a final conditional approval is
converted to a disapproval?

    For didactical purposes, EPA provides the following discussion
regarding the consequences of a final conditional approval converting
to a disapproval. EPA does not expect this situation to occur.
    The Act provides for the imposition of sanctions and the
promulgation of a federal implementation plan (FIP) if states fail to
correct any deficiencies identified by EPA in a final disapproval
action within certain timeframes.

A. What are the Act's provisions for sanctions?

    As mentioned above, if New York does not submit the applicable
NOX RACT single source SIPs by September 1, 2013, EPA's
conditional approval converts to a disapproval. If EPA disapproves a
required SIP submittal or component of a SIP submittal, section 179(a)
provides for the imposition of sanctions unless the deficiency is
corrected within 18 months of the final rulemaking of disapproval. The
first sanction would apply 18 months after EPA disapproves the SIP
submittal. Under EPA's sanctions regulations, 40 CFR 52.31, the first
sanction would be 2:1 offsets for sources subject to the new source
review requirements under section 173 of the Act. If, six months after
the first sanction is imposed, the state has still failed to submit a
SIP for which EPA proposes full or conditional approval, the second
sanction will apply. The second sanction is a limitation on the receipt
of federal highway funds. EPA also has authority under section 110(m)
to sanction broader than the affected area as defined in 52.31(a)(3).

B. What federal implementation plan provisions apply if a state fails
to submit an approvable plan?

    In addition to sanctions, if EPA finds that a state failed to
submit the required SIP revision or if EPA disapproves the required SIP
revision, or a portion thereof, EPA must promulgate a FIP no later than
2 years from the date of the finding if the deficiency has not been
corrected.

IX. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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) because application of those requirements would be inconsistent
with the Act; 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, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: April 1, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-08398 Filed 4-9-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20878-20879]
[FR Doc No: 2023-07339]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL23-53-000.
    Applicants: Essential Power OPP, LLC, et al v. PJM Interconnection,
L.L.C.
    Description: Complaint of Essential Power OPP, LLC, et al. v. PJM
Interconnection, L.L.C.
    Filed Date: 3/31/23.
    Accession Number: 20230331-5217.
    Comment Date: 5 p.m. ET 4/20/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER23-629-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: 2023-04-03 Att N Revisions--Response
to Deficiency Ltr to be effective 6/3/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5146.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-920-000.
    Applicants: Meadow Lake Solar Park LLC.
    Description: Report Filing: Supplement to Notice of Non-Material
Change in Status and MBR Tariff Revisions to be effective N/A.
    Filed Date: 3/21/23.
    Accession Number: 20230321-5007.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: ER23-944-001.
    Applicants: Calpine Community Energy, LLC.
    Description: Tariff Amendment: Amendment to Market-Based Rate
Application to be effective 1/27/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5186.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1219-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: ISA, SA No. 6816; Queue No. AF1-271A
Supplement to Filing to be effective 2/1/2023.
    Filed Date: 3/31/23.
    Accession Number: 20230331-5474.
    Comment Date: 5 p.m. ET 4/21/23.

    Docket Numbers: ER23-1251-001.
    Applicants: San Jacinto Grid, LLC.
    Description: Tariff Amendment: Supplement to Market-Based Rate
Application to be effective 5/6/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5252.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1252-001.
    Applicants: Ortega Grid, LLC.
    Description: Tariff Amendment: Supplement to Market-Based Rate
Application to be effective 5/6/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5238.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1544-000.
    Applicants: Otter Tail Power Company.
    Description: Request for Approval of Transmission Rate Incentives
of Otter Tail Power Company.
    Filed Date: 3/31/23.
    Accession Number: 20230331-5589.
    Comment Date: 5 p.m. ET 4/21/23.

    Docket Numbers: ER23-1545-000.
    Applicants: Great Plains Windpark Legacy, LLC.
    Description: Request for Limited Waiver, et al. of Great Plains
Windpark Legacy, LLC.
    Filed Date: 3/31/23.
    Accession Number: 20230331-5591.
    Comment Date: 5 p.m. ET 4/21/23.

    Docket Numbers: ER23-1546-000.
    Applicants: IP Oberon, LLC.
    Description: Baseline eTariff Filing: Filing of LGIA Co-Tenancy
Agreement to be effective 6/5/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5057.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1547-000.
    Applicants: IP Oberon, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 6/5/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5061.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1548-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Network Integration
Transmission Service Agreement and Network Operating Agreement of
Southwest Power Pool, Inc.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5134.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1549-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Timberland Solar 3 LGIA
Filing to be effective 3/22/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5148.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1550-000
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Southwest Atlanta Energy
Storage LGIA Filing to be effective 3/22/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5149.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1551-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Brooker Trail Solar LGIA
Filing to be effective 3/22/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5150.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1552-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6278; Queue No. AD2-048 to be effective 6/2/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5185.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1553-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6555; Queue No. AC1-086 to be effective 6/3/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5193.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1554-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 6842;
Queue No. AF1-215 & Cancellation of IISA, SA No. 6216 to be effective
3/2/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5200.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1555-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
6276; Queue No. AE2-060 (amend) to be effective 6/3/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5218.
    Comment Date: 5 p.m. ET 4/24/23.

    Docket Numbers: ER23-1556-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.

    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(i): Attachment S (GPCO) 2023
Updated Depreciation Rates Filing to be effective 1/1/2023.
    Filed Date: 4/3/23.
    Accession Number: 20230403-5241.
    Comment Date: 5 p.m. ET 4/24/23.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH23-10-000.
    Applicants: Alberta Investment Management Corporation.
    Description: Alberta Investment Management Corporation submits FERC
65-B Notice of Change in Fact to Waiver Notification.
    Filed Date: 3/31/23.
    Accession Number: 20230331-5597.
    Comment Date: 5 p.m. ET 4/21/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-07339 Filed 4-6-23; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

								Served: August 5, 2005

NOTICE

U.S.-China Charter Flights

By this Notice we notify U.S. carriers of procedures to distribute
available charter opportunities between the United States and the
People’s Republic of China (PRC).

On June 18, 2004, the United States and the People’s Republic of China
initialed a protocol amending the U.S.-PRC aviation agreement.  The
amended agreement greatly expanded opportunities for air carriers of
both countries, including opportunities for charters.  In this regard,
(among other things) under the agreement, each Party shall approve
applications by the airlines of the other Party for 75 one-way charter
flights annually from August 1 of each year, between points in China
Zone 1 and  U.S. points on city pairs served by Chinese carriers’
scheduled services of the same type (combination or all-cargo) as the
proposed charter flight, and 75 one-way charter flights annually from
August 1 of each year, between points in China Zone 2 and U.S. points on
city pairs served by Chinese carriers’ scheduled services of the same
type (combination or all-cargo) as the proposed charter flight.  Under
the terms of the agreement, these rights are available for the annual
periods beginning August 1 each year.

We find that the public interest warrants our placing the 75 charters
for Zone 1, and the 75 charters for Zone 2, into a charter pool for
distribution on a first-come, first-served basis, consistent with the
procedures used last year for China charters and in other similar
markets with limited charter opportunities.  These procedures have
proved effective in allocating the U.S.-China charter flights and we
believe that they will continue to facilitate use of these valuable
rights.

Under the existing first-come, first-served procedures, as soon as
arrangements are firm for operating a charter flight to or from China
that is subject to the numerical limitation, carriers should so advise
the U.S. Air Carrier Licensing Division (X-44), Office of International
Aviation, 400 Seventh Street, SW, Washington, DC 20590.   We will
provide the carrier with a Notice of Consistency acknowledging its right
to perform the charter operation.  Applications must identify the type
of charter (passenger or cargo); the date of each one-way flight; the
charterer(s); the city-pair markets; whether the requested charters fall
within China Zone 1 or China Zone 2 (applicants should also identify the
specific Chinese carrier scheduled services associated with the Zone 1
or Zone 2 determination); the type of aircraft to be used; the type of
cargo transported (for cargo charters); and a statement affirming that
the carrier has firm plans to use the charters.  Applicants may request
confidentiality under Rule 12 of our procedural regulations (14 CFR
302.12).  Carriers receiving a Notice of Consistency shall, in writing,
return to the U.S. Air Carrier Licensing Division immediately any
flight(s) that they will not use.

Applicants should be aware that the information requested here does not
relieve U.S. carriers of their obligation to file a separate
notification of proposed charter flights with the Chinese authorities.
In notifying the Chinese authorities, U.S. carriers should also submit a
copy of the Notice of Consistency showing Departmental approval of the
charter flights.

U.S. carriers holding scheduled combination or all-cargo authority in
the U.S.-China market will not be eligible applicants until the last two
months of the charter year when the pool will be available to all
carriers with no restrictions.  It has been our general policy where
charter opportunities are limited to reserve the available flights for
carriers that have no other access to the market.  We have made
exceptions to this policy only where there are special needs for cargo
shipments (such as livestock charters) that could not be accommodated by
scheduled services.  Should such special needs arise, we would be
prepared to consider them on a case-by-case basis.

In terms of reporting, each U.S. carrier granted U.S.-China charters is
to report, in writing, to the U.S. Air Carrier Licensing Division, on
its operations for the preceding month by the tenth day of each month.

Given our interest in deriving maximum benefit for U.S. carriers,
travelers, and shippers, we seek to assure that Notices of Consistency
are given to direct air carriers for flights actually to be operated.
To this end, the Department reserves the right to require operating
carriers to produce contracts or other additional information about the
flights they propose to operate.

We will serve this notice on all U.S. certificated air carriers.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days

after the date of issuance of this Notice.  This action was effective
when taken, and the filing of a petition for review will not alter such
effectiveness.

By:

Paul L. Gretch, Director

                         Office of International Aviation

Dated: August 5, 2005

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

SERVICE LIST

Marshall S Sinick			Joanne Young/David Kirstein	Carl Nelson Jr

Alaska Airlines			North American, World Airways,	American Airlines &

Aloha Airlines			   & America West		TWA LLC

Florida West			Baker & Hostetler, Suite 1100	Suite #600

Suite 500			1050 Connecticut Ave NW	1101 17th Street NW

1201 Pennsylvania Ave NW	Washington DC 20036		Washington DC 20036

Washington DC 20004

Brian T Hunt			Aaron Goerlich			Robert E. Cohn

American Trans Air		Sunworld International		Delta Air Lines

7337 West Washington St		Garafalo, Goerlich, Hainbach	Midway Air Lines

Indianapolis IN 46251		1200 New Hampshire Ave NW	Shaw Pittman

	Washington DC 20036		2300 N Street NW

								Washington DC 20037

Ed Faberman			R Bruce Keiner Jr		Lorraine Halloway

MN Airlines			Continental Airlines		Continental Micronesia/

Ungaretti & Harris		Crowell & Moring		Air Micronesia

1500 K Street NW #250		1001 Pennsylvania Ave NW	1001 Pennsylvania Ave NW

Washington DC 20005		Washington DC 20004		Washington DC 20004

Jonathan B Hill			Jeffrey Manley			Howard Kass

Hawaiian Airlines		United Air Lines 			US Airways

Dow Lohnes & Albertson		Wilmer Cutler Pickering		2345 Crystal Drive

Suite 800			   Hale and Dorr LLP		Arlington, VA 22227

1200 New Hampshire NW		2445 M Street NW

Washington DC 20036		Washington DC 20037-1420

Nathaniel Breed			Megan Rosia 			Robert P Silverberg

Pan American Airways		Northwest Airlines Inc.		ABX Air, Kitty Hawk

Zuckert Scoutt & Rasenberger	901 15th Street NW #310		  & Midwest
Airlines

888 Seventeenth Street NW	Washington DC 20005		Silverberg Goldman

Washington DC 20006-3309					  & Bikoff

						1101 30th Street NW

						Washington DC  20007

Gary Garafalo			David E Vaughan			Kevin Montgomery

Air Transport Intl			United Parcel Service		Polar Air Cargo

1200 New Hampshire Ave NW	Kelley Drye & Warren		1747 Pennsylvania Ave NW

Washington DC 20036		1200 19th St NW #500		Suite 875

		Washington DC 20036		Washington DC 20006

Steve Lachter			John L Richardson		Russ Pommer

ASTAR Air Cargo		Amerijet International		Atlas Air

1150 Connecticut Av NW		John L Richardson PLLC		1747 Pennsylvania Ave NW

Washington DC 20036		1156 15TH St NW #1105		Suite 875

				Washington DC 20005		Washington DC 20006

									Service page 2

Tom Lydon	 		Moffett Roller			Mark W Atwood       .

Evergreen International		Gemini Air Cargo		Custom Air Transport &

1401 New York Ave NW		Roller & Bauer			   Kalitta Air

Washington DC 20005-2147	1020 19th St NW #400		Sher & Blackwell

		Washington DC 20036		1850 M Street NW #900

						Washington DC  20036

Nancy Sparks			Stephen Alterman		Lawrence Wasko

Federal Express			Northern Air Cargo & Horizon	Arrow Air

1101 Pennsylvania Ave NW	Meyers & Alterman		1150 Connecticut Ave NW

Washington DC 20004		1220 19th Street NW		Washington DC  20036

				Washington DC 20036-2438

Pierre Murphy			Air Transport Association		National Air Carrier Assn.

Brendan Airways			International Department		1000 Wilson Blvd

d/b/a USA3000			Suite 1100			Suite 1700

1200 New Hampshire NW		1301 Pennsylvania Ave NW	Arlington, VA 22209

Washington DC 20036		Washington DC 20004-1707

 China Zone 1 consists of Shanghai, Beijing, and Guangzhou.

 China Zone 2 consists of Anhui, Fujian, Guangdong (except Guangzhou),
Hebei, Henan, Hubei, Hunan, Jiangsu, Jiangxi, Shandong, Shanxi, Tianjin,
and Zhejiang.

 See Notice dated August 5, 2004 (China), Orders 98-4-19 and 98-6-14
(Brazil) and Orders 92-6-32 and 92-9-21 (Japan).

 Carriers are urged to send these requests by fax to<PHONE_NUMBER> or
202-366-3694.

 This notification must be received within two business days of the
carrier’s determination that an allocated flight or flights will not
operate.

 We will post an electronic version of the Notice of Consistency on the
World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp.

 See, e.g., Order 98-4-19.

 The Director of the Office of International Aviation was assigned
delegated authority for this matter.  See U.S.-China Charter Flights
Notice dated August 5, 2004.

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