[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12675-12676]
[FR Doc No: 2023-04008]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2736-046]

Idaho Power Company; Notice of Application Tendered for Filing
With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2736-046.
    c. Date filed: February 14, 2023.
    d. Applicant: Idaho Power Company (Idaho Power).
    e. Name of Project: American Falls Hydroelectric Project (project).
    f. Location: On the Snake River, in Power County, Idaho, near the
City of American Falls, Idaho. The project occupies 7.37 acres of
United States lands administered by the U.S. Bureau of Reclamation and
Bureau of Land Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: David Zayas, Idaho Power Company, P.O. Box 70
(83707), 1221 West Idaho Street, Boise, ID 83702;<PHONE_NUMBER>; email
at [email protected].
    i. FERC Contact: Kristen Sinclair at<PHONE_NUMBER>, or
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and

serve a copy of the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: April 15, 2023.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: American Falls Hydroelectric Project
(P-2736-046).
    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The existing American Falls Hydroelectric
Project is located at Reclamation's American Falls Dam and consists of:
(1) three 18-foot-diameter, 240-foot-long, steel-lined penstocks, that
connect upstream with similar U.S. Bureau of Reclamation penstocks and
the intake works; (2) a reinforced concrete powerhouse containing three
22.5 MW turbines for total installed capacity of 67.5 MW; (3) a 2,300-
foot-long, 138-kilovolt (kV) overhead transmission line extending from
the powerhouse downstream along the west bank of the Snake River, and
across the river to the American Falls Switchyard; (4) a tailrace; (5)
recreation facilities; and (6) appurtenant facilities. The project
generates an annual average of 395,000 megawatt-hours.
    Idaho Power is not proposing any changes to the current operations
of the Project, as Project operations are completely dependent on
Reclamation's operation of the dam and available flows. Reclamation
owns and operates the dam and is responsible for irrigation delivery,
controlling flows, ramping rates, reservoir operations, and flood
control operations, among others.
    As part of the license application, Idaho Power filed a settlement
agreement between itself and the Idaho Department of Fish and Game
(IDFG) that resolves issues related to project effects of turbine
mortality on trout. As part of the settlement agreement, Idaho Power
proposes to increase the poundage of hatchery-reared trout to be
stocked by Idaho Power annually from 8,000-pounds to 24,000-pounds,
with the size (fish per pound), time of stocking, and location
determined by IDFG in consultation with Idaho Power. Before release,
IDFG will certify the general health and condition of the fish.
    o. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://www.ferc.gov)
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the documents (P-
2736). At this time, the Commission has suspended access to the
Commission's Public Reference Room due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19)
issued by the President on March 13, 2020. For assistance, contact FERC
at [email protected] or call toll-free,<PHONE_NUMBER> or
(202) 502-8659 (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.
    Issue Deficiency Letter (if necessary): March 2023.
    Request Additional Information (if needed): March 2023.
    Issue Notice of Acceptance: June 2023.
    Issue Scoping Document 1 for comments: July 2023.
    Request Additional Information (if necessary): September 2023.
    Issue Scoping Document 2: October 2023.
    Issue Notice of Ready for Environmental Analysis: October 2023.
    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: February 21, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04008 Filed 2-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4105-4109]
[DOCID:fr24ja08-21]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2007-0399; FRL-8517-4]

Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; State Implementation Plan Revision to Implement the Clean
Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Connecticut on April 26, 2007, with
amendments submitted on September 12, 2007. This SIP revision addresses
the requirements of EPA's Clean Air Interstate Rule (CAIR), promulgated
on May 12, 2005 and subsequently revised on April 28, 2006 and December
13, 2006. EPA has determined that the SIP revision fully implements the
CAIR requirements for Connecticut. Therefore, as a consequence of the
SIP approval, the Administrator of EPA will also, in a separate
document, issue a final rule to withdraw the Federal Implementation
Plan (FIP) concerning NOX ozone-season emissions for
Connecticut.
    In the SIP revision that EPA is approving, Connecticut will meet
CAIR requirements by participating in the EPA-administered cap-and-
trade program addressing NOX ozone-season emissions.
Connecticut's SIP revision is based on EPA's model CAIR NOX
ozone season rule and is, in most respects, substantively identical to
that model rule. The Connecticut CAIR program has two major substantive
differences from that model rule (expanded applicability, and a
different methodology for allocating NOX allowances), both
of which are consistent with the flexibility allowed under CAIR for
state participation in the EPA-administered cap-and-trade program. The
SIP revision complies with the statutory and regulatory requirements
for approval of a CAIR NOX ozone-season program. This action
is being taken in accordance with the Clean Air Act.

DATES: Effective Date: This rule is effective on January 24, 2008.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2007-0399. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed in the

index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Office of Ecosystem

Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that, if at all possible, you contact the contact 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 legal holidays.
    Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Air Management, Department of Environmental Protection,
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's action, please contact Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What are the Regulatory History and General Requirements of CAIR
and the CAIR FIPs?
III. EPA Analysis of Connecticut's CAIR SIP Submittal
    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. Applicability Provisions for non-EGUs NOX SIP Call
Sources
    D. NOX Allowance Allocations
    E. Individual Opt-in Units
IV. Final Action
V. When Is This Action Effective?
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving a revision to Connecticut's SIP that includes a
new regulation, Regulations of Connecticut State Agencies (RCSA)
section 22a-174-22c, ``The Clean Air Interstate Rule (CAIR) Nitrogen
Oxides (NOX) Ozone Season Trading Program'' (herein called
``Connecticut's CAIR program''), repeal of RCSA section 22a-174-22a
(``The Connecticut NOX Budget Program''), as of September 4,
2007, and repeal of RCSA section 22a-174-22b, ``The Connecticut Post-
2002 NOX Budget Program'' (herein called the ``Connecticut
NOX SIP Call trading program''), as of May 1, 2010. This SIP
revision was first submitted on April 26, 2007, but includes amendments
submitted on September 12, 2007.
    The CT DEP had requested that EPA ``parallel process''
Connecticut's proposed CAIR SIP revision. Under this procedure, EPA
prepared its proposed approval of Connecticut's SIP revision before the
state's final adoption and repeal of the regulations referenced above.
    EPA has reviewed Connecticut's final adopted regulations and
determined that changes were made to clarify meaning, improve
consistency, or to address redundancy, and that they do not differ
significantly from the ``post-hearing final draft'' version that was
the subject of the notice of proposed rulemaking (NPR) for this SIP
Revision (72 FR 50305). For example, definitions of ``commence
commercial operation'' and ``commence operation'' were clarified; the
word ``through'' was substituted for a hyphen between dates listed to
clearly identify the control periods included in the regulation; and
language was added to clarify that the term ``permitting authority''
has the same meaning as in 40 CFR part 96, subpart AAAA, which refers
to the CAIR NOX Ozone Season Trading Program. None of the
changes made are deemed significant for SIP approval purposes, and it
is, therefore, appropriate to prepare this final rule.
    In its SIP revision, Connecticut will meet CAIR requirements by
requiring certain electric generating units (EGUs) to participate in
the EPA-administered State CAIR cap-and-trade program addressing
NOX ozone-season emissions. EPA has determined that the
Connecticut SIP, as revised, meets the applicable requirements of CAIR.
As a consequence of the SIP approval, the Administrator of EPA will
also, in a separate document, issue a final rule to withdraw the FIP
concerning NOX ozone-season emissions for Connecticut. That
action will delete and reserve 40 CFR 52.386. The withdrawal of the
CAIR FIP for Connecticut is a conforming amendment that must be made
once the SIP is approved because EPA's authority to issue the FIP was
premised on a deficiency in the SIP for Connecticut. Once the SIP is
fully approved, EPA no longer has authority for the FIP. Thus, EPA will
not have the option of maintaining the FIP following the full SIP
approval. Accordingly, EPA does not intend to offer an opportunity for
a public hearing or an additional

opportunity for written public comment on the withdrawal of the FIP.

II. What Is the Regulatory History and General Requirements of CAIR and
the CAIR FIPs?

    The Clean Air Interstate Rule (CAIR) was published by EPA on May
12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and
the District of Columbia contribute significantly to nonattainment and
interfere with maintenance of the national ambient air quality
standards (NAAQS) for fine particles (PM2.5) and/or 8-hour
ozone in downwind States in the eastern part of the country. As a
result, EPA required those upwind States to revise their SIPs to
include control measures that reduce emissions of SO2, which
is a precursor to PM2.5 formation, and/or NOX,
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements for NOX for the ozone season (May 1st to
September 30th). Under CAIR, States may implement these reduction
requirements by participating in the EPA-administered cap-and-trade
programs or by adopting other control measures. The first phase of
NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter.
    More information on the regulatory history and requirements of CAIR
and the CAIR FIPs is available in the NPR and will not be restated
here.

III. EPA Analysis of Connecticut's CAIR SIP Submittal

    A brief summary of EPA's review of Connecticut's CAIR program is
given below. Additional details regarding requirements of Connecticut's
22a-174-22c regulation and EPA's evaluation of this regulation are
available in the NPR for this SIP revision. In addition, Connecticut's
CAIR SIP submittal is available in the docket supporting this action.

A. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 pounds per million British thermal units
(lb/mmBtu), for phase 1 of the CAIR program (2009-2014) and by 0.125
lb/mmBtu, for phase 2 of the CAIR program (2015 and thereafter) to
obtain regional NOX budgets for 2009-2014 and for 2015 and
thereafter, respectively. EPA derived the State NOX annual
and ozone season budgets from the regional budgets using State heat
input data adjusted by fuel factors. Connecticut, however, is only
required to participate in the CAIR NOX ozone-season
program, not the CAIR NOX annual or SO2 trading
programs. Therefore, only CAIR NOX ozone-season budgets
apply to the Connecticut CAIR program.
    In today's action, EPA is approving Connecticut's SIP revision,
which includes a new regulation, 22a-174-22c, which comprises
Connecticut's CAIR program. This SIP revision adopts the budget
established for the State in CAIR, i.e., 2,559 tons of NOX
ozone-season emissions for CAIR phases 1 and 2, plus an additional 132
tons of NOX ozone-season emissions for both phases 1 and 2
to account for NOX emissions from ``non-EGUs'' from the
Connecticut NOX SIP Call trading program. The total
NOX ozone-season budget is therefore 2,691 tons of
NOX ozone-season emissions for CAIR phases 1 and 2.
Connecticut's SIP revision sets this budget as the total number of
allowances (with each allowance authorizing one ton of NOX
ozone-season emissions) available for allocation for each year under
the EPA-administered CAIR cap-and-trade program.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone-season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR part 96, subparts A through I. While the
provisions of the NOX annual and ozone-season model rules
are similar, there are some differences. For example, the
NOX ozone season model rule reflects the fact that the CAIR
NOX ozone-season trading program replaces the NOX
SIP Call trading program after the 2008 ozone-season and is coordinated
with the NOX SIP Call program. The NOX ozone-
season model rule provides incentives for early emissions reductions by
allowing banked, pre-2009 NOX SIP Call allowances to be used
for compliance in the CAIR NOX ozone-season trading program.
In addition, States have the option of continuing to meet their
NOX SIP Call requirements by participating in the CAIR
NOX ozone season trading program and including all their
NOX SIP Call trading sources in that program.
    In the SIP revision, Connecticut will implement its CAIR budgets by
requiring EGUs (as well as ``non-EGUs'' from its NOX SIP
Call trading program, as discussed below) to participate in EPA-
administered cap-and-trade programs for NOX ozone-season
emissions. Connecticut has adopted a full SIP revision that adopts,
with certain allowed changes discussed below, the CAIR model cap-and-
trade rules for NOX ozone-season emissions.

C. Applicability Provisions for Non-EGU NOX SIP Call Sources

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990 or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe producing electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone-season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR
(herein called ``non-EGUs''). Under this option, the CAIR
NOX ozone-season program must cover all large industrial
boilers and combustion turbines, as well as any small EGUs (i.e., units
serving a generator with a nameplate capacity of 25 MWe or less) that
the State currently requires to be in the NOX SIP Call
trading program.
    Connecticut has chosen to expand the applicability provisions of
the CAIR NOX ozone season trading program to include all
units in the State's NOX SIP Call trading program. Units in
the Connecticut NOX SIP Call trading program include EGUs of
15 MW or more and non-EGUs (such as industrial boilers and combustion
turbines) with a maximum design heat input of 250 MMBtu/hr or more.
These units will be included in the Connecticut CAIR program beginning
with the control period in 2009. EPA has determined that Connecticut's
regulation 22a-174-22c includes the allowable CAIR applicability
provisions relating to adding all NOX SIP Call trading-
program units to the Connecticut CAIR NOX ozone season
program.

D. NOX Allowance Allocations

    Deadlines: CAIR provides in 40 CFR 51.123(aa)(2)(iii)(C) that for a
full SIP revision, ``[t]he State's methodology must require that, for
EGUs commencing operation before January 1, 2001, the State will
determine, and notify the Administrator of, each unit's allocation of
CAIR NOX allowances by October 31, 2006 for the ozone
seasons 2009, 2010, and 2011.'' Connecticut's SIP revision requires
that it submit and it in fact did submit these allocations by April 30,
2007 (the deadline for submittal applicable to abbreviated SIP
revisions under 40 CFR 51.123(ee)(2)(ii)(C)). The purpose of the
October 31, 2006 deadline was to allow EPA's Clean Air Markets Division
sufficient time to process the allocations. At this point, as
Connecticut has in fact submitted its allocations well before the date
of this document, and as the Clean Air Markets Division is fully able
to process the allocations, it makes no difference whether EPA received
the 2009-2011 allocations in April of 2007 or October of 2006. EPA will
still be able to record the allocations and provide the allowances to
owners and operators sufficiently in advance of the 2009-2011 control
periods. EPA considers the late submittal harmless error and
consequently approves this SIP revision.
    NOX allowance-allocation methodology: Under the NOX
allowance-allocation methodology in the CAIR model trading rules and in
the CAIR FIP, NOX annual and ozone-season allowances are
allocated to units that have operated for five years (i.e., ``existing
units''), based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance-allocation methodology that will be used to
allocate allowances to sources in the State if certain requirements are
met concerning the timing of submission of units' allocations to the
Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance-allocation methodologies, States have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    Connecticut has chosen to replace the provisions of the CAIR
NOX ozone-season model trading rule concerning allowance
allocations with its own methodology. Connecticut's CAIR program is
codified at RCSA section 22a-174-22c. Whereas the model trading rule
uses an allocation methodology that is fuel-adjusted and based on heat
input, Connecticut's allocation methodology is not fuel-adjusted and is
largely based on heat output. Connecticut also provides a percentage of
allowances for a new unit set-aside and for an energy efficiency/
renewable energy set-aside (EERESA) and Qualifying Other Project
(QOPs).
    For the 2009 through 2011 control periods, Connecticut will first
allocate NOX allowances to CAIR NOX Ozone Season
units which are cogeneration, industrial or waste-tire-fired units on
an input basis, then will allocate allowances to older EGUs using an
output basis. Remaining allocations will be allocated to newer EGUs on
a pro-rated output basis. For the 2012 control period and beyond,
Connecticut will allocate allowances to both older and newer EGUs on a
pro-rated output basis.
    Connecticut has set a new unit set-aside at 7 percent of the
State's CAIR budget during CAIR phase 1 (2009-2014), and at 5 percent
of the State's CAIR budget during CAIR phase 2 (2015 and thereafter).
Therefore, the new unit set-aside includes 200 CAIR NOX
ozone-season allowances during CAIR phase 1, and 134 allowances during
CAIR phase 2. Connecticut has set the EERESA at 10 percent of the
State's CAIR budget for both phases of the CAIR program. Therefore, the
EERESA includes 268 CAIR NOX allowances for the 2009 and
subsequent ozone-season control periods.
    More details on Connecticut's methodology for allocating CAIR
allowances, as well as information on Connecticut CAIR permits and
requirements for facilities to report emissions data, can be found in
the NPR and in Connecticut's CAIR SIP submittal available in the docket
supporting this action.
    In the NPR, EPA identified two potential ambiguities in the
allocation provisions of Connecticut's proposed CAIR program, and
proposed its interpretations of those provisions. See 72 FR 50309. EPA
received no comments regarding these proposed interpretations.
Consequently, EPA interprets the provisions involved as follows.
    First, the proposed regulation uses the term ``NO[X] allowance,''
which is not defined, in three places. See RCSA sections 22a-174-
22c(c)(2), 22a-174-22c(c)(3)(B), 22a-174-22c(g)(4). EPA interprets the
term ``NO[X] allowance'' when used in RCSA section 22a-174-22c as being
identical to the term ``CAIR NO[X] Ozone Season allowance'' as defined
at 40 CFR 96.302.
    Second, under RCSA sections 22a-174-22c(e)(7)(A) and (B) and 22a-
174-22c(e)(8)(A), there is no limit to the number of allowances that
can be allocated to CAIR NOX Ozone Season units which are
cogeneration units, industrial units, waste-tire-fired units, or Phase
I units in any control period. For purposes of construing Connecticut's
proposed SIP revision, EPA interprets RCSA sections 22a-174-22c(e)(2)
and 22a-174-22c(e)(3) to prohibit the Connecticut DEP from allocating
allowances in excess of the total state budget, and to control in any
conflict with RCSA sections 22a-174-22c(e)(7)(A) and (B) and 22a-174-
22c(e)(8)(A). Thus, if the operation of RCSA sections 22a-174-
22c(e)(7)(A)-(B) and/or 22a-174-22c(e)(8)(A) were to yield allowances
for CAIR NOX Ozone Season units which are cogeneration
units, industrial units, waste-tire-fired units, or Phase I units in
excess of the state budget, either by themselves or in combination with
allocations to other categories, then RCSA sections 22a-174-22c(e)(2)
and 22a-174-22c(e)(3) would require the Connecticut DEP to recalculate
or reallocate allowances so as not to exceed the state budget.
    EPA has relied on these interpretations of Connecticut's proposed
SIP revision for the purposes of approving it as meeting the
requirements of the Act and the CAIR program, and these interpretations
represent EPA's formal interpretations of the SIP provisions at issue
for purposes of federal law.

E. Individual Opt-in Units

    The Connecticut CAIR SIP does not include opt-in provisions because
the State has chosen to allocate CAIR allowances using an energy-output
methodology that cannot be used for opt-in sources under the model CAIR
NOX ozone-season trading rule. In addition, Connecticut does
not expect there to be a demand for opt-in provisions as no source
opted into Connecticut's NOX SIP Call trading program.

IV. Final Action

    EPA is approving a revision to Connecticut's SIP that includes a
new regulation, RCSA section 22a-174-22c (Connecticut's CAIR program),
and repeal of RCSA section 22a-174-22a (``The Connecticut
NOX Budget Program''), as of September 4, 2007, and of RCSA
section 22a-174-22b (``The Connecticut Post-2002 NOX Budget
Program''), as of May 1, 2010. Under this SIP revision, Connecticut
will participate in the EPA-administered cap-and-trade program for
NOX ozone-season emissions. The SIP revision meets the
applicable requirements in 40 CFR 51.123(o) and (aa), with regard to
NOX ozone season emissions. EPA has determined that the SIP
as revised meets the requirements of CAIR. As a consequence of the SIP
approval, the Administrator of EPA will also issue, without providing
an opportunity for a public hearing or an additional opportunity for
written public comment, a final rule to withdraw the CAIR FIP
concerning NOX ozone-season emissions for Connecticut. That
action will delete and reserve 40 CFR 52.386 in part 52.
    Other specific requirements of the CAIR SIP revision and the
rationale for EPA's approval are explained in the NPR and will not be
restated here. No public comments were received on the NPR.

V. When Is This Action Effective?

    EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval, which allows the State to make allocations
under its CAIR rules. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' CAIR SIP approvals exempt
states and CAIR sources within states from being subject to allowance
allocation provisions in the CAIR FIPs that otherwise would apply,
allowing States to make their own allowance allocations based on their
SIP-approved State rule. The exemption from these obligations is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). In addition, Connecticut's exemption from
these obligations provides good cause to make this rule effective on
the date of publication of this action in the Federal Register,
pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting
period prescribed in 5 U.S.C. 553(d) is to give affected parties a
reasonable time to adjust their behavior and prepare before the final
rule takes effect. Where, as here, the final rule grants an exemption
rather than imposing obligations, and where the effect of the final
rule is simply to approve for federal purposes obligations that are
already effective under state law, affected parties, such as the State
of Connecticut and CAIR sources within the State, do not need time to
adjust and prepare before the rule takes effect.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 24, 2008.
    Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this rule for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide.

    Dated: January 15, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by revising paragraph (c)(80)(i)(B) and
adding paragraphs (c)(86)(iii) and (c)(97) to read as follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (80) * * * .
    (i) * * *
    (B) Regulation section 22a-174-22a, ``The Nitrogen Oxides
(NOX) Budget Program'' adopted on December 15, 1998, and
effective on March 3, 1999. As of January 24, 2008, Section 22a-174-22a
is superseded and shall have no prospective effect. Violations of
Section 22a-174-22a that occur prior to January 24, 2008 shall continue
to be subject to enforcement, including on or after January 24, 2008,
in accordance with applicable law.
* * * * *
    (86) * * *
    (iii) Section 22a-174-22b, State of Connecticut Regulation of
Department of Environmental Protection Concerning The Post-2002
Nitrogen Oxides (NOX) Budget Program, is fully enforceable
up to and including April 30, 2010. As of May 1, 2010, Section 22a-174-
22b is superseded and shall have no prospective effect. Violations of
Section 22a-174-22b that occur prior to May 1, 2010 shall be subject to
enforcement, including on or after May 1, 2010, in accordance with
applicable law.
* * * * *
    (97) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 26, 2007
and September 12, 2007.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-22c entitled ``The Clean Air Interstate Rule (CAIR) Nitrogen Oxides
(NOX) Ozone Season Trading Program,'' effective in the State
of Connecticut on September 4, 2007.

0
3. In Sec.  52.385, Table 52.385 is amended by adding new entries to
existing state citations for 22a-174-22a and 22a-174-22b; and by adding
a new state citation for 22a-174-22c to read as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385.--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Dates
                                                            ----------------------
  Connecticut state citation           Title/subject            Date       Date      Federal Register citation    Section       Comments/description
                                                              adopted    approved                                  52.370
                                                              by State    by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
22a-174-22a..................  The Connecticut NOX Budget      9/04/07    1/24/08  [Insert Federal Register        (c)(97)  Repealed as of January 24,
                                Program.                                            page number where the                    2008. Superseded by CAIR.
                                                                                document begins].

                                                                      * * * * * * *
22a-174-22b..................  The Connecticut Post-2002       9/04/07    1/24/08  [Insert Federal Register        (c)(97)  Repealed as of May 1, 2010.
                                NOX Budget Program, as of                           page number where the                    Superseded by CAIR.
                                May 1, 2010.                                        document begins].
22a-174-22c..................  The Clean Air Interstate        9/04/07    1/24/08  [Insert Federal Register        (c)(97)
                                Rule (CAIR) Nitrogen Oxides                         page number where the
                                (NOX) Ozone Season Trading                          document begins].
                                Program.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E8-1183 Filed 1-23-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35087-35088]
[FR Doc No: 2013-13781]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0177]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for the Flatbed Carrier Safety Group

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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

SUMMARY: FMCSA renews the Flatbed Carrier Safety Group's (FCSG)
exemption which allows the securement of metal coils on a flatbed
vehicle, in a sided vehicle, or in an intermodal container loaded with
eyes crosswise, grouped in rows, in which the coils are loaded to
contact each other in the longitudinal direction. Motor carriers may
continue to use the pre-January 1, 2004 cargo securement regulations
for the transportation of groups of metal coils with eyes crosswise, as
this loading configuration is not currently covered under the Agency's
commodity-specific rules for securing metal coils in 49 CFR 393.120.
The Agency has concluded that granting this exemption renewal will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption. However, the Agency
requests comments on this issue, especially from anyone who believes
this standard will not be maintained.

DATES: This decision is effective June 11, 2013. Comments must be
received on or before July 11, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA--by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public

Participation'' heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the ``Privacy Act'' heading
for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the FDMS published in the Federal
Register published on December 29, 2010 (73 FR 82132) or you may visit
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a two-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' FCSG has requested a two-year
extension for the exemption from 49 CFR 393.120 to allow motor carriers
to comply with the pre-January 1, 2004 cargo securement regulations
(then at 49 CFR 393.100(c)) for the transportation of groups of metal
coils with eyes crosswise. The procedures for requesting an exemption
(including renewals) are set out in 49 CFR part 381.

Basis for Renewing Exemption

    FCSG applied for an exemption from 49 CFR 393.120 in 2010 to allow
motor carriers to comply with the pre-January 1, 2004 cargo securement
regulations for the transportation of groups of metal coils with eyes
crosswise. On April 14, 2011, FMCSA published a notice of final
disposition in the Federal Register granting the exemption (76 FR
20867). The renewal outlined in this notice extends the exemption
through April 13, 2015, and requests public comment.
    FMCSA is not aware of any evidence showing that compliance with the
pre-January 1, 2004 cargo securement regulations for the transportation
of groups of metal coils with eyes crosswise, in accordance with the
conditions of the original exemption, has resulted in any degradation
in safety. The Agency believes that extending the exemption for a
period of two years will likely achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption because the metal coils are grouped and secured together
in the longitudinal direction, i.e., ``unitized,'' with the cargo
securement system meeting all of the aggregate working load limit
requirements of 49 CFR 393.106(d).
    The exemption is renewed subject to the following requirements,
provided motor carriers using the exemption continue to meet the
aggregate working load limits of 49 CFR 393.106(d).
    Coils with eyes crosswise: If coils are loaded to contact each
other in the longitudinal direction, and relative motion between coils,
and between coils and the vehicle, is prevented by tiedown assemblies
and timbers:
    (1) Only the foremost and rearmost coils must be secured with
timbers having a nominal cross section of 4 x 4 inches or more and a
length which is at least 75 percent of the width of the coil or row of
coils, tightly placed against both the front and rear sides of the row
of coils and restrained to prevent movement of the coils in the forward
and rearward directions; and
    (2) The first and last coils in a row of coils must be secured with
a tiedown assembly restricting against forward and rearward motion,
respectively. Each additional coil in the row of coils must be secured
to the trailer using a tiedown assembly.
    The exemption will be valid for two years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315.

Request for Comments

    FMCSA requests comments from parties with data concerning the
safety record of motor carriers transporting groups of metal coils with
eyes crosswise, in accordance with the conditions of the original
exemption, by July 11, 2013. The Agency will evaluate any adverse
evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take
immediate steps to revoke the FCSG exemption.

    Issued on: June 3, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-13781 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-EX-P