From: Kissell. Mary@ epamail. epa. gov [ mailto: Kissell. Mary@ epamail. epa. gov] Sent: Monday, July 28, 2003 11: 00 AM To: debbie@ slma. org; tim_ hunt@ afandpa. org; hydels@ koppers. com Cc: dennis@ wwpinstitute. org; thrift. mike@ epamail. epa. gov; Hustvedt. Ken@ epamail. epa. gov; kphanks@ rti. org; rlnicholson@ rti. org; Colyer. Rick@ epamail. epa. gov; jwalke@ nrdc. org; Chamberlin. Johnb@ epamail. epa. gov; Throwe. Scott@ epamail. epa. gov Subject: Lumber Kilns in Proposed PCWP MACT  Request for Clarification of Comments Dear Stakeholders:

EPA is seeking clarification on comments received on whether all lumber kilns should be part of the plywood and composite wood products ( PCWP) MACT source category. Since several comments were received and opinions were varied, we are requesting that the stakeholders participate in a conference call on Wednesday, August 6, from 1: 00 to 2: 00 EDST. If you have materials you wish to share with meeting participants, please send them to everyone on this e mail. All materials and minutes from the meeting will be put in the docket and will be available to the public.

The call in conference line number is ( 919) 541 1595. EPA must initiate the call, so if you don't get through, please wait a minute and try again.

If you have any questions, please do not hesitate to call me at ( 919) 541 4516.

The following WWPI members submitted a public comment on lumber kilns. We do not have contact information for these individuals. If one of you has contact information for them, please forward this message to them. Thank you.

Bill Crossman, Atlantic Wood Industries John Ferlin, President, Brooks Manufacturing Company Michael Lodgeon, Fontana Wood Preserving, Inc. Don DeVries, Thunderbolt Wood Treating Company, Inc. Morgan Wright, Wood Preservers, Inc.

Background: On January 9, 2003, the U. S. Environmental Protection Agency ( EPA) published the proposed Plywood and Composite Wood Products ( PCWP) national emission standards for hazardous air pollutants ( NESHAP) in the Federal Register. We noted in the proposal preamble that some wood products industry representatives requested that all lumber kilns ( regardless of location) be considered under the PCWP rulemaking so there would be one maximum achievable control technology ( MACT) determination for all lumber kilns nationwide. We proposed to include all lumber kilns in the PCWP source category because the design and operation of lumber kilns are essentially the same regardless of whether the kilns are located at a sawmill or are colocated with PCWP or other types of manufacturing operations. We thought that broadening the scope of the PCWP source category to include lumber kilns located at any type of facility was reasonable because, based on our information, there are no currently applicable controls for lumber kilns, and because it is more efficient to include lumber kilns in the MACT process now than to address them in a separate rulemaking ( should kiln dried lumber manufacturing be listed as a major source category under section 112( c) of the Clean Air Act in the future).

During the public comment period following the January 9 proposal, we received comments from operators of lumber kilns and wood products industry representatives opposing the inclusion of kilns that are not co located with a PCWP facility in the PCWP NESHAP. The commenters were concerned about potential monitoring, recordkeeping, and reporting requirements and the caseby case MACT (" MACT Hammer") provisions.

Mary Tom Kissell. P. E. U. S. EPA, Office of Air Quality, Planning, and Standards ( 919) 541 4516


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Proposed Rules]
[Page 16370-16374]
[DOCID:fr01ap10-24]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 150 and 165

[Docket No. USCG-2009-0589]
RIN 1625-AA00, RIN 1625-AA11

Regulated Navigation Areas, Safety Zones, Security Zones;
Deepwater Ports in Boston Captain of the Port Zone, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish new regulated navigation
areas (RNAs) and safety and security zones for deepwater liquefied
natural gas (LNG) ports in the Boston Captain of the Port (COTP) Zone,
off the coast of Gloucester, Massachusetts. The proposed RNAs and
safety and security zones are in waters around the Neptune Deepwater
Port Facility (Neptune). They would protect vessels and mariners from
the potential safety hazards associated with deepwater port operations,
and protect liquefied natural gas carriers (LNGCs) and deepwater port
infrastructure from security threats or other subversive acts, by
prohibiting certain operations and imposing conditions on others.

DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0589 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LCDR Pamela Garcia, Coast Guard; telephone 617-
223-3028; e-mail<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0589), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can

contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USC-2009-0589'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USC-2009-0589'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    On March 23, 2007, the Maritime Administration (MARAD), in
accordance with the Deepwater Port Act of 1974 (DPA), as amended, 33
U.S.C. 1501 et seq., issued a license to Suez Energy to own, construct,
and operate a natural gas deepwater port. This port, Neptune Deepwater
Port (Neptune), is located in the Atlantic Ocean, approximately eight
nautical miles south-southeast of Gloucester, Massachusetts, in Federal
waters. The coordinates for its two submerged turret loading buoys are:
STL Buoy A, Latitude 42[deg]29'12.3'' N, Longitude 070[deg]36'29.7'' W
and STL Buoy B, Latitude 42[deg]27'20.5'' N, Longitude
070[deg]36'07.3'' W. Neptune can accommodate the mooring, connecting,
and offloading of two liquefied natural gas carriers at one time.
Neptune's operator plans to offload LNGCs by regasifying the liquefied
natural gas (LNG) on board the vessels. The regasified natural gas is
then transferred through two submerged turret loading buoys via a
flexible riser leading to a seabed pipeline that ties into the
Algonquin Gas Transmission Pipeline for transfer to shore.
    Among other powers, Coast Guard District Commanders may establish,
in 33 CFR Part 165:
     Regulated navigation areas--Defined water areas determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety;
     Safety zones--Water or shore areas to which access may be
limited for safety or environmental purposes; and
     Security zones--Land or water areas subject to regulation
to safeguard vessels, harbors, ports, or waterfront facilities from
destruction, loss, or injury from sabotage or similar subversive acts.

33 U.S.C. 1226, 1231; 50 U.S.C. 191; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1, 165.10, 165.11, 165.20, 165.30.
Current regulations establishing RNAs, safety zones, and security zones
for deepwater ports in the Boston COTP Zone appear at 33 CFR 165.110
and 165.117.
    In the case of deepwater ports handling oil or natural gas, RNAs
and safety or security zones established by the District Commander may
also affect 33 CFR 150.940, which describes safety zones for specific
deepwater ports. Insofar as deepwater port safety zones involve
anchorage, they are established under the additional authority of the
DPA, 33 U.S.C. 1509(a). If a deepwater port safety zone also provides
for ``no anchoring areas'' (NAAs) or ``areas to be avoided'' (ATBAs),
the District Commander must coordinate its establishment in accordance
with 33 CFR 150.915, because NAAs and ATBAs require International
Maritime Organization (IMO) approval. Current regulations establishing
safety zones for the Boston COTP Zone appear at 33 CFR 150.940(c).

Discussion of Proposed Rule

    The Coast Guard proposes establishing RNAs around Neptune's STL
buoys, to protect mariners from the hazards associated with submerged
deepwater port infrastructure and to ensure safety at and around LNGCs
engaged in regasification and transfer operations at Neptune. The RNAs
would prohibit vessels from anchoring or otherwise deploying equipment
that could become entangled in submerged infrastructure within 1,000
meters of Neptune's STL buoys. The RNAs would also prohibit vessels
from commercial fishing or other activities on or below the waterway
using nets, dredges, traps, or remotely operated vehicles (ROVs).
Diving in the RNAs would be prohibited without the permission of the
COTP, and this prohibition would be extended to existing RNAs for the
Northeast Gateway Deepwater Port (NEGDWP).
    The Coast Guard also proposes placing safety and security zones
within the corresponding RNAs. These would prohibit any person or
vessel, other than an LNGC or support vessel (as defined in 33 CFR
148.5), from coming within 500 meters of Neptune's STL buoys. Because
these safety zones affect anchorage at a deepwater port, the Coast
Guard also proposes adding Neptune's safety zones to 33 CFR 150.940.
The proposed amendment to that section would also provide details of
IMO-approved NAAs and an ATBA affecting Neptune, which would be
reflected on nautical charts. An IMO subcommittee gave preliminary
approval to Neptune's NAAs and ATBA in July 2009, and we will not issue
a final rule recognizing those NAAs and the ATBA until the IMO gives
them final approval.
    Finally, the Coast Guard proposes two amendments to 33 CFR
150.940(c)(4)(iii), which relates to safety zones for the Northeast
Gateway Deepwater Port. These amendments would align the regulations
for NEGDWP with those proposed for Neptune. The first would prohibit
diving in NEGDWP's safety zones, without the permission of the COTP.
The second would allow vessels to contact the COTP on VHF-FM Channel 16
(156.8 MHZ) as well as by telephone.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    The USCG and MARAD are responsible for processing license
applications to own, construct, and operate deepwater ports. To meet
the requirements of the National Environmental Policy Act of 1969
(NEPA), the Coast Guard, in cooperation with MARAD, prepared an
Environmental Impact Statement (EIS) in conjunction with reviewing the
Neptune licensing application. Among other things, the EIS assessed the
potential economic impacts associated with the construction and
operation of Neptune and determined this rule is not a significant
regulatory action, including the no anchoring and limited access areas
that would be implemented by this proposed rule. That EIS is available
in the public docket for the licensing application (USCG-2005-22611) at
http://www.regulations.gov.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to
transit, fish, or conduct other operations within 1,000 meters of the
STL buoys for Neptune. The impact on small entities is expected to be
minimal because vessels wishing to transit the Atlantic Ocean in the
vicinity of the deepwater port may do so, provided they remain more
than 500 meters from Neptune's STL buoys and any LNGC vessels calling
on the deepwater port; and provided they refrain from anchoring or
deploying nets, dredges, or traps within 1,000 meters of the STL buoys.
Vessels wishing to fish in the area may do so in nearby and adjoining
areas when otherwise permitted by applicable fisheries regulations, and
vessels wishing to conduct diving operations may do so with the
permission of the COTP.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Pamela Garcia at 617-223-
3028, e-mail<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the creation of new RNAs and safety and security zones,
which falls within the categorical exclusion provisions of Paragraph
34(g) of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects

33 CFR Part 150

    Harbors, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, and Reporting and recordkeeping requirements.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 150 and 165 as follows:

PART 150--DEEPWATER PORTS: OPERATIONS

    1. The authority citation for Part 150 continues to read as
follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No.
0170.1(70), (73), (75), (80).

    2. Amend Sec.  150.940 by revising paragraph (c)(4)(iii) and adding
paragraph (d) to read as follows:

Sec.  150.940  Safety zones for specific deepwater ports.

* * * * *
    (c) * * *
    (4) * * *
    (iii) All other vessel operators desiring to enter, operate or
conduct diving operations within a safety zone described in paragraph
(c)(1) of this section must contact the COTP or the COTP's authorized
representative to obtain permission by contacting the Sector Boston
Command Center at<PHONE_NUMBER> or via VHF-FM Channel 16 (156.8 MHZ).
Vessel operators given permission to enter, operate, or conduct diving
operations in a safety zone must comply with all directions given to
them by the COTP or the COTP's authorized representative.
* * * * *
    (d) Neptune Deepwater Port (Neptune)
    (1) Location. The safety zones for Neptune consist of circular
zones, each with a 500-meter radius and centered on each of Neptune's
two submerged turret loading (STL) buoys. STL Buoy ``A'' is centered at
the following coordinates: Latitude 42[deg]29'12.3'' N, Longitude
070[deg]36'29.7'' W; and STL Buoy ``B'': Latitude 42[deg]27'20.5'' N,
Longitude 070[deg]36'07.3'' W. Each safety zone encompasses, within the
respective 500-meter circles, the primary components of Neptune,
including a submerged turret loading buoy and a pipeline end manifold.
Each safety zone is located approximately eight nautical miles south-
southeast of Gloucester, Massachusetts, in Federal waters.
    (2) No anchoring areas. Two mandatory no anchoring areas for
Neptune are established for all waters within circles of 1,000-meter
radii centered on the submerged turret loading buoy positions set forth
in paragraph (d)(1) of this section.
    (3) Area to be avoided. An area to be avoided (ATBA) for Neptune is
as described in Table 150.940(C):

                   Table 150.940(C)--ATBA for Neptune
------------------------------------------------------------------------
        Plotting guidance             Latitude N          Longitude W
------------------------------------------------------------------------
(i) Starting at.................  42[deg]27'29''      070[deg]35'07''
(ii) A rhumb line to............  42[deg]29'21''      070[deg]35'36''
(iii) Then an arc with a 1,250    42[deg]29'12''      070[deg]36'30''
 meter radius centered at point.
(iv) To a point.................  42[deg]29'06''      070[deg]37'24''
(v) Then a rhumb line to........  42[deg]27'13''      070[deg]36'54''
(vi) Then an arc with a 1,250     42[deg]27'20''      070[deg]36'07''
 meter radius centered at point.
(vii) To the point of starting..  42[deg]27'29''      070[deg]35'07''
------------------------------------------------------------------------

     (4) Regulations. (i) In accordance with the general regulations
set forth in 33 CFR 165.23 and elsewhere in this part, no person or
vessel may enter the waters within the boundaries of the safety zones
described in paragraph (d)(1) of this section unless previously
authorized by the Captain of the Port (COTP) Boston, or the COTP's
authorized representative.
    (ii) Notwithstanding paragraph (d)(4)(i) of this section, liquefied
natural gas carriers (LNGCs) and support vessels, as defined in 33 CFR
148.5, calling on Neptune, are authorized to enter and move within such
zones in the normal course of their operations following the
requirements set forth in 33 CFR 150.340 and 150.345, respectively.
    (iii) All other vessel operators desiring to enter, operate or
conduct diving operations within a safety zone described in paragraph
(d)(1) of this section must contact the COTP or the COTP's authorized
representative to

obtain permission by contacting the Sector Boston Command Center at
617-223-5761 or via VHF-FM Channel 16 (156.8 MHZ). Vessel operators
given permission to enter or operate in a safety zone must comply with
all directions given to them by the COTP or the COTP's authorized
representative.
    (iv) No vessel, other than an LNGC or support vessel calling on
Neptune, may anchor in the area described in paragraph (d)(2) of this
section.

PART 165--WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED
ACCESS AREAS

    3. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    3. Amend Sec.  165.117 by adding paragraph (a)(3)(ii) and revising
paragraph (d)(1) to read as follows:

Sec.  165.117  Regulated Navigation Areas, Safety, and Security Zones:
Deepwater Ports, First Coast Guard District.

    (a) * * *
    (3) * * *
    (ii) The geographic coordinates forming the loci for the regulated
navigation areas, safety, and security zones for Neptune Deepwater Port
are: 42[deg]29'12.3'' N, 070[deg]36'29.7'' W; and 42[deg]27'20.5'' N,
070[deg]36'07.3'' W.
* * * * *
    (d) * * *
    (1) No vessel may anchor, engage in diving operations, or
commercial fishing using nets, dredges, traps (pots), or remotely
operated vehicles in the regulated navigation areas set forth in
paragraph (a)(1) of this section.
* * * * *

    Dated: March 14, 2010.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-7161 Filed 3-31-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Notices]
[Page 13945-13946]
[DOCID:fr14mr08-116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA Approval Of Noise Compatibility Program 14 CFR Part 150;
Baltimore/Washington International Thurgood Marshall Airport;
Baltimore, MD

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by Maryland
Aviation Administration (MAA) under the provisions of 49 U.S.C. (the
Aviation Safety and Noise Abatement Act, hereinafter referred to as
``the Act'') and 14 CFR Part 150. These findings are made in
recognition of the description of Federal and nonfederal
responsibilities in Senate Report No. 96-52 (1980). On April 3, 2006,
the FAA determined that the noise exposure maps submitted by MAA under
Part 150

were in compliance with applicable requirements. On February 26, 2008,
the FAA approved the Baltimore/Washington International Thurgood
Marshall Airport noise compatibility program update. All of the
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the
Baltimore/Washington International Thurgood Marshall Airport noise
compatibility program update is February 26, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Mendelsohn, Eastern Region,
Washington Airports District Office, Federal Aviation Administration,
23723 Air Freight Lane, Suite 210, Dulles, Virginia 20166, Telephone:
703-661-1362. Documents reflecting this FAA action may be reviewed at
this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the noise compatibility program for Baltimore/
Washington International Thurgood Marshall Airport, effective February
26, 2008.
    Under section 47504 of the Act, an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps. The Act requires such
programs to be developed in consultation with interested and affected
parties including local communities, government agencies, airport
users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with Federal Aviation Regulations (FAR) Part 150 is a local program,
not a Federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act and is limited to the following
determinations:
    a. The noise compatibility program was developed in accordance with
the provisions and procedures of FAR Part 150;
    b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
    d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, state, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA. Where federal funding is sought, requests for project grants must
be submitted to the FAA Airports District Office in Dulles, Virginia.
    MAA submitted to the FAA on October 1, 2007, the noise exposure
maps, descriptions, and other documentation produced during the noise
compatibility planning study conducted from January 2003 through
December 2003. The Baltimore/Washington International Thurgood Marshall
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on April 3, 2006. Notice of this
determination was published in the Federal Register on April 17, 2006
(71 FR 19782).
    The Baltimore/Washington International Thurgood Marshall Airport
study contains a proposed noise compatibility program comprised of
actions designed for phased implementation by airport management and
adjacent jurisdictions from February 2008 to (or beyond) the year 2010.
It was requested that the FAA evaluate and approve this material as a
noise compatibility program as described in section 47504 of the Act.
The FAA began its review of the program on October 18, 2007 and was
required by a provision of the Act to approve or disapprove the program
within 180 days. Failure to approve or disapprove such program within
the 180-day period shall be deemed to be an approval of such program.
    The submitted program contained four (4) proposed actions for noise
mitigation on and off the airport. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. The overall program, therefore,
was approved by the FAA effective February 26, 2008.
    Outright approval was granted for four Noise Abatement Measures.
The approved measures included such items as: Update the noise rule for
Runway 15L/33R; Voluntary residential property acquisition; Homeowners
assistance program and Noise Monitoring System.
    These determinations are set forth-in detail in the Record of
Approval signed by the Division Manager on February 26, 2008. The
Record of Approval, as well as other evaluation materials and the
documents comprising the submittal, are available for review at the FAA
office listed above and at the administrative offices of the MAA. The
Record of Approval also will be available on-line at: http://
www.faa.gov/airports--airtraffic/airports/environmental/airport--noise/
.

    Issued in Dulles, Virginia on February 26, 2008.
Terry J. Page,
Manager, Washington Airports District Office.
[FR Doc. E8-4938 Filed 3-13-08; 8:45 am]

BILLING CODE 4910-13-M


following three percent per year average under Sec.  51.1110.
    (u) Rate-of-progress (ROP) means the 15 percent progress reductions
in VOC emissions over the first 6 years required under CAA section
182(b)(1).
    (v) Revocation of the 1-hour NAAQS means the time at which the 1-
hour NAAQS no longer apply to an area pursuant to 40 CFR 50.9(b).
    (w) Revocation of the 1997 ozone NAAQS means the time at which the
1997 8-hour NAAQS no longer apply to an area pursuant to 40 CFR
50.10(c).
    (x) Subpart 1 means subpart 1 of part D of title I of the CAA.
    (y) Subpart 2 means subpart 2 of part D of title I of the CAA.
    (z) I/M refers to the inspection and maintenance programs for in-
use vehicles required under the 1990 CAA Amendments and defined by
subpart S of 40 CFR part 51.
    (aa) An area ``Designated nonattainment for the 1-hour ozone
NAAQS'' means, for purposes of 40 CFR 51.1105, an area that is subject
to applicable 1-hour ozone NAAQS anti-backsliding requirements at the
time of revocation of the 1997 ozone NAAQS.
    (bb) Base year inventory for the nonattainment area means a
comprehensive, accurate, current inventory of actual emissions from
sources of VOC and NOX emitted within the boundaries of the
nonattainment area as required by CAA section 182(a)(1).
    (cc) Ozone season day emissions means an average day's emissions
for a typical ozone season work weekday. The state shall select,
subject to EPA approval, the particular month(s) in the ozone season
and the day(s) in the work week to be represented, considering the
conditions assumed in the development of RFP plans and/or emissions
budgets for transportation conformity.

0
6. In Sec.  51.1103, revise the section heading and Table 1 in
paragraph (a) to read as follows:

Sec.  51.1103  Application of classification and attainment date
provisions in CAA section 181 to areas subject to Sec.  51.1102.

    (a) * * *

 Table 1--Classifications and Attainment Dates for 2008 8-Hour Ozone NAAQS (0.075 PPM) for Areas Subject to CFR
                                                 Section 51.1102
----------------------------------------------------------------------------------------------------------------
                                                                                Primary standard
                                                                                attainment date
                                                                                8-hour design   (years after the
                 Area class                                                      value (ppm    effective date of
                                                                                ozone)       designation for
                                                                                2008 primary
                                                                                NAAQS)
----------------------------------------------------------------------------------------------------------------
Marginal....................................  from...........................           0.076                  3
                                              up to*.........................           0.086
Moderate....................................  from...........................           0.086                  6
                                              up to*.........................           0.100
Serious.....................................  from...........................           0.100                  9
                                              up to*.........................           0.113
Severe-15...................................  from...........................           0.113                 15
                                              up to*.........................           0.119
Severe-17...................................  from...........................           0.119                 17
                                              up to*.........................           0.175
Extreme.....................................  equal to or above..............           0.175                 20
----------------------------------------------------------------------------------------------------------------
* But not including

* * * * *

0
7. Add Sec. Sec.  51.1104 through 51.1119 to read as follows:
* * * * *

51.1104  [Reserved]

51.1105  Transition from the 1997 ozone NAAQS to the 2008 ozone NAAQS
and anti-backsliding.

51.1106  Redesignation to nonattainment following initial designations.

51.1107  Determining eligibility for 1-year attainment date extensions
for the 2008 ozone NAAQS under CAA section 181(a)(5).

51.1108  Modeling and attainment demonstration requirements.

51.1109  [Reserved].

51.1110  Requirements for reasonable further progress (RFP).

51.1111  [Reserved].

51.1112  Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).

51.1113  Section 182(f) NOX exemption provisions.

51.1114  New source review requirements.

51.1115  Emissions inventory requirements.

51.1116  Requirements for an Ozone Transport Region.

51.1117  Fee programs for Severe and Extreme nonattainment areas that
fail to attain.

51.1118  Suspension of SIP planning requirements in nonattainment areas
that have air quality data that meet an ozone NAAQS.

51.1119  Applicability.

* * * * *

Sec.  51.1104  [Reserved]

Sec.  51.1105  Transition from the 1997 ozone NAAQS to the 2008 ozone
NAAQS and anti-backsliding.

    (a) Requirements that continue to apply after revocation of the
1997 ozone NAAQS--(1) 2008 ozone NAAQS nonattainment and 1997 ozone
NAAQS nonattainment. The following requirements apply to an area
designated nonattainment for the 2008 ozone NAAQS and also designated
nonattainment for the 1997 ozone NAAQS, or nonattainment for both the
1997 and 1-hour ozone NAAQS, at the time of revocation of the
respective ozone NAAQS: The area remains subject to the obligation to
adopt and implement the applicable requirements of Sec.  51.1100(o),
for any ozone NAAQS for which it was designated nonattainment at the
time of revocation, in accordance with its classification for that
NAAQS at the time of that revocation, except as provided in paragraph
(b) of this section.
    (2) 2008 ozone NAAQS nonattainment and 1997 ozone NAAQS
maintenance. For an area designated nonattainment for the 2008 ozone
NAAQS that was redesignated to attainment for the 1997 ozone NAAQS
prior to April 6, 2015 (hereinafter a ``maintenance area'') the SIP,
including the maintenance plan, is considered to satisfy the applicable
requirements of 40 CFR 51.1100(o) for the revoked NAAQS. The measures
in the SIP and maintenance plan shall continue to be implemented in
accordance with the terms in the SIP. Any measures associated with
applicable requirements that were shifted to contingency measures prior
to April 6, 2015 may remain in that form. After April 6, 2015, and to
the extent consistent with any SIP for the 2008 ozone NAAQS and with
CAA sections 110(l) and 193, the state may request that obligations
under the applicable requirements of Sec.  51.1100(o) be shifted to the
SIP's list of maintenance plan contingency measures for the area.
    (3) 2008 ozone NAAQS attainment and 1997 ozone NAAQS nonattainment.
For an area designated attainment for the 2008 ozone NAAQS, and
designated nonattainment for the 1997 ozone NAAQS as of April 6, 2015
or for both the 1997 and the 1-hour ozone NAAQS as of the respective
dates of their revocations, the area is no longer subject to
nonattainment NSR and the state may at any time request that the
nonattainment NSR provisions applicable to the area be removed from the
SIP. The state may request, consistent with CAA sections 110(l) and
193, that SIP measures adopted to satisfy other applicable requirements
of Sec.  51.1100(o) be shifted to the SIP's list of maintenance plan
contingency measures for the area. The area's approved PSD SIP shall be
considered to satisfy the state's obligations with respect to the
area's maintenance of the 2008 ozone NAAQS pursuant to CAA section
110(a)(1).
    (4) 2008 ozone NAAQS attainment and 1997 ozone NAAQS maintenance.
An area designated attainment for the 2008 ozone NAAQS with an approved
CAA section 175A maintenance plan for the 1997 ozone NAAQS is
considered to satisfy the applicable requirements of 40 CFR 51.1100(o)
through implementation of the SIP and maintenance plan provisions for
the area. After April 6, 2015, and to the extent consistent with CAA
sections 110(l) and 193, the state may request that obligations under
the applicable requirements of 40 CFR 51.1100(o) be shifted to the list
of maintenance plan contingency measures for the area. For an area that
is initially designated attainment for the 2008 ozone NAAQS and which
has been redesignated to attainment for the 1997 ozone NAAQS with an
approved CAA section 175A maintenance plan and an approved PSD SIP, the
area's approved maintenance plan and the state's approved PSD SIP for
the area are considered to satisfy the state's obligations with respect
to the area's maintenance of the 2008 ozone NAAQS pursuant to CAA
section 110(a)(1).
    (b) Effect of Redesignation or Redesignation Substitute. (1) An
area remains subject to the anti-backsliding obligations for a revoked
NAAQS under paragraphs (a)(1) and (2) of this section until either EPA
approves a redesignation to attainment for the area for the 2008 ozone
NAAQS; or EPA approves a demonstration for the area in a redesignation
substitute procedure for a revoked NAAQS. Under this redesignation
substitute procedure for a revoked NAAQS, and for this limited anti-
backsliding purpose, the demonstration must show that the area has
attained that revoked NAAQS due to permanent and enforceable emission
reductions and that the area will maintain that revoked NAAQS for 10
years from the date of EPA's approval of this showing.
    (2) If EPA, after notice-and-comment rulemaking, approves a
redesignation to attainment, the state may request that provisions for
nonattainment NSR be removed from the SIP, and that other anti-
backsliding obligations be shifted to contingency measures provided
that such action is consistent with CAA sections 110(l) and 193. If
EPA, after notice and comment rulemaking, approves a redesignation
substitute for a revoked NAAQS, the state may request that provisions
for nonattainment NSR for that revoked NAAQS be removed, and that other
anti-backsliding obligations for that revoked NAAQS be shifted to
contingency measures provided that such action is consistent with CAA
sections 110(l) and 193.
    (c) Portions of an area designated nonattainment or attainment for
the 2008 ozone NAAQS that remain subject to the obligations identified
in paragraph (a) of this section. Only that portion of the designated
nonattainment or attainment area for the 2008 ozone NAAQS that was
required to adopt the applicable requirements in Sec.  51.1100(o) for
purposes of the 1-hour or 1997 ozone NAAQS is subject to the
obligations

identified in paragraph (a) of this section. Subpart C of 40 CFR part
81 identifies the areas designated nonattainment and associated area
boundaries for the 1997 ozone NAAQS at the time of revocation. Areas
that are designated nonattainment for the 1997 ozone NAAQS at the time
of designation for the 2008 ozone NAAQS may be redesignated to
attainment prior to the effective date of revocation of that ozone
NAAQS.
    (d) Obligations under the 1997 ozone NAAQS that no longer apply
after revocation of the 1997 ozone NAAQS--(1) Second 10-year
Maintenance plans. As of April 6, 2015, an area with an approved 1997
ozone NAAQS maintenance plan under CAA section 175A is not required to
submit a second 10-year maintenance plan for the 1997 ozone NAAQS 8
years after approval of the initial 1997 ozone NAAQS maintenance plan.
    (2) Determinations of failure to attain the 1997 and/or 1-hour
NAAQS. (i) As of April 6, 2015, the EPA is no longer obligated to
determine pursuant to CAA section 181(b)(2) or section 179(c) whether
an area attained the 1997 ozone NAAQS by that area's attainment date
for the 1997 ozone NAAQS.
    (ii) As of April 6, 2015, the EPA is no longer obligated to
reclassify an area to a higher classification for the 1997 ozone NAAQS
based upon a determination that the area failed to attain the 1997
ozone NAAQS by the area's attainment date for the 1997 ozone NAAQS.
    (iii) For the revoked 1-hour and 1997 ozone NAAQS, the EPA is
required to determine whether an area attained the 1-hour or 1997 ozone
NAAQS by the area's attainment date solely for anti-backsliding
purposes to address an applicable requirement for nonattainment
contingency measures and CAA section 185 fee programs. In making such a
determination, the EPA may consider and apply the provisions of CAA
section 181(a)(5) and former 40 CFR 51.907 in interpreting whether a 1-
year extension of the attainment date is applicable under CAA section
172(a)(2)(C).
    (e) Continued applicability of the FIP and SIP requirements
pertaining to interstate transport under CAA section 110(a)(2)(D)(i)
and (ii) after revocation of the 1997 ozone NAAQS. All control
requirements associated with a FIP or approved SIP in effect for an
area as of April 6, 2015, such as the NOX SIP Call, the
CAIR, or the CSAPR shall continue to apply after revocation of the 1997
ozone NAAQS. Control requirements approved into the SIP pursuant to
obligations arising from CAA section 110(a)(2)(D)(i) and (ii),
including 40 CFR 51.121, 51.122, 51.123 and 51.124, may be modified by
the state only if the requirements of Sec. Sec.  51.121, 51.122, 51.123
and 51.124, including statewide NOX emission budgets
continue to be in effect. Any such modification must meet the
requirements of CAA section 110(l).
    (f) New source review. An area designated nonattainment for the
2008 ozone NAAQS and designated nonattainment for the 1997 ozone NAAQS
on April 6, 2015 remains subject to the obligation to adopt and
implement the major source threshold and offset requirements for
nonattainment NSR that apply or applied to the area pursuant to CAA
sections 172(c)(5), 173 and 182 based on the highest of: (i) The area's
classification under CAA section 181(a)(1) for the 1-hour NAAQS as of
the effective date of revocation of the 1-hour ozone NAAQS; (ii) the
area's classification under 40 CFR 51.903 for the 1997 ozone NAAQS as
of the date a permit is issued or as of April 6, 2015, whichever is
earlier; and (iii) the area's classification under Sec.  51.1103 for
the 2008 ozone NAAQS. Upon removal of nonattainment NSR obligations for
a revoked NAAQS under Sec.  51.1105(b), the state remains subject to
the obligation to adopt and implement the major source threshold and
offset requirements for nonattainment NSR that apply or applied to the
area for the remaining applicable NAAQS consistent with this paragraph.

Sec.  51.1106  Redesignation to nonattainment following initial
designations.

    For any area that is initially designated attainment for the 2008
ozone NAAQS and that is subsequently redesignated to nonattainment for
the 2008 ozone NAAQS, any absolute, fixed date applicable in connection
with the requirements of this part other than an attainment date is
extended by a period of time equal to the length of time between the
effective date of the initial designation for the 2008 ozone NAAQS and
the effective date of redesignation, except as otherwise provided in
this subpart. The maximum attainment date for a redesignated area would
be based on the area's classification, consistent with Table 1 in Sec.
51.1103.

Sec.  51.1107  Determining eligibility for 1-year attainment date
extensions for the 2008 ozone NAAQS under CAA section 181(a)(5).

    (a) A nonattainment area will meet the requirement of CAA section
181(a)(5)(B) pertaining to 1-year extensions of the attainment date if:
    (1) For the first 1-year extension, the area's 4th highest daily
maximum 8 hour average in the attainment year is 0.075 ppm or less.
    (2) For the second 1-year extension, the area's 4th highest daily
maximum 8 hour value, averaged over both the original attainment year
and the first extension year, is 0.075 ppm or less.
    (b) For purposes of paragraph (a) of this section, the area's 4th
highest daily maximum 8 hour average for a year shall be from the
monitor with the highest 4th highest daily maximum 8 hour average for
that year of all the monitors that represent that area.

Sec.  51.1108  Modeling and attainment demonstration requirements.

    (a) An area classified as Moderate under Sec.  51.1103(a) shall be
subject to the attainment demonstration requirement applicable for that
classification under CAA section 182(b), and such demonstration is due
no later than 36 months after the effective date of the area's
designation for the 2008 ozone NAAQS.
    (b) An area classified as Serious or higher under Sec.  51.1103(a)
shall be subject to the attainment demonstration requirement applicable
for that classification under CAA section 182(c), and such
demonstration is due no later than 48 months after the effective date
of the area's designation for the 2008 ozone NAAQS.
    (c) Attainment demonstration criteria. An attainment demonstration
due pursuant to paragraph (a) or (b) of this section must meet the
requirements of Sec.  51.112; the adequacy of an attainment
demonstration shall be demonstrated by means of a photochemical grid
model or any other analytical method determined by the Administrator,
in the Administrator's discretion, to be at least as effective.
    (d) Implementation of control measures. For each nonattainment
area, the state must provide for implementation of all control measures
needed for attainment no later than the beginning of the attainment
year ozone season.

Sec.  51.1109  [Reserved]

Sec.  51.1110  Requirements for reasonable further progress (RFP).

    (a) RFP for nonattainment areas classified pursuant to Sec.
51.1103. The RFP requirements specified in CAA section 182 for that
area's classification shall apply.
    (1) Submission deadline. For each area classified as Moderate or
higher pursuant to Sec.  51.1103, the state shall submit a SIP revision
no later than 36 months after the effective date of designation as
nonattainment for the 2008 ozone NAAQS that provides for

RFP as described in paragraphs (a)(2) through (4) of this section.
    (2) RFP requirements for areas with an approved 1-hour or 1997
ozone NAAQS 15 percent VOC ROP plan. An area classified as Moderate or
higher that has the same boundaries as an area, or is entirely composed
of several areas or portions of areas, for which EPA fully approved a
15 percent plan for the 1-hour or 1997 ozone NAAQS is considered to
have met the requirements of CAA section 182(b)(1) for the 2008 ozone
NAAQS and instead:
    (i) If classified as Moderate or higher, the area is subject to the
RFP requirements under CAA section 172(c)(2) and shall submit a SIP
revision that:
    (A) Provides for a 15 percent emission reduction from the baseline
year within 6 years after the baseline year;
    (B) Provides for an additional emissions reduction of 3 percent per
year from the end of the first 6 years up to the beginning of the
attainment year if a baseline year earlier than 2011 is used; and
    (C) Relies on either NOX or VOC emissions reductions (or
a combination) to meet the requirements of paragraphs (a)(2)(i)(A) and
(B) of this section. Use of NOX emissions reductions must
meet the criteria in CAA section 182(c)(2)(C).
    (ii) If classified as Serious or higher, the area is also subject
to RFP under CAA section 182(c)(2)(B) and shall submit a SIP revision
no later than 48 months after the effective date of designation
providing for an average emissions reduction of 3 percent per year:
    (A) For all remaining 3-year periods after the first 6-year period
until the year of the area's attainment date; and
    (B) That relies on either NOX or VOC emissions
reductions (or a combination) to meet the requirements of paragraphs
(a)(2)(ii)(A) and (B) of this section. Use of NOX emissions
reductions must meet the criteria in CAA section 182(c)(2)(C).
    (3) RFP requirements for areas for which an approved 15 percent VOC
ROP plan for the 1-hour or 1997 ozone NAAQS exists for only a portion
of the area. An area that contains one or more portions for which EPA
fully approved a 15 percent VOC ROP plan for the 1-hour or 1997 ozone
NAAQS (as well as areas for which EPA has not fully approved a 15
percent plan for either the 1-hour or 1997 ozone NAAQS) shall meet the
requirements of either paragraph (a)(3)(i) or (ii) of this section.
    (i) The state shall not distinguish between the portion of the area
with a previously approved 15 percent ROP plan and the portion of the
area without such a plan, and shall meet the requirements of (a)(4) of
this section for the entire nonattainment area.
    (ii) The state shall treat the area as two parts, each with a
separate RFP target as follows:
    (A) For the portion of the area without an approved 15 percent VOC
ROP plan for the 1-hour or 1997 ozone NAAQS, the state shall submit a
SIP revision as required under paragraph (a)(4) of this section.
    (B) For the portion of the area with an approved 15 percent VOC ROP
plan for the 1-hour or 1997 ozone NAAQS, the state shall submit a SIP
as required under paragraph (a)(2) of this section.
    (4) ROP Requirements for areas without an approved 1-hour or 1997
ozone NAAQS 15 percent VOC ROP plan. (i) For each area, the state shall
submit a SIP revision consistent with CAA section 182(b)(1). The 6-year
period referenced in CAA section 182(b)(1) shall begin January 1 of the
year following the year used for the baseline emissions inventory.
    (ii) For Moderate areas, the plan must provide for an additional 3
percent per year reduction from the end of the first 6 years up to the
beginning of the attainment year if a baseline year from 2008 to 2010
is used.
    (iii) For each area classified as Serious or higher, the state
shall submit a SIP revision consistent with CAA section 182(c)(2)(B).
The final increment of progress must be achieved no later than the
attainment date for the area.
    (5) Creditability of emission control measures for RFP plans.
Except as specifically provided in CAA section 182(b)(1)(C) and (D),
CAA section 182(c)(2)(B), and 40 CFR 51.1110(a)(6), all emission
reductions from SIP-approved or federally promulgated measures that
occur after the baseline emissions inventory year are creditable for
purposes of the RFP requirements in this section, provided the
reductions meet the requirements for creditability, including the need
to be enforceable, permanent, quantifiable, and surplus.
    (6) Creditability of out-of-area emissions reductions. For each
area classified as Moderate or higher pursuant to Sec.  51.1103, in
addition to the restrictions on the creditability of emission control
measures listed in Sec.  51.1110(a)(5), creditable emission reductions
for fixed percentage reduction RFP must be obtained from sources within
the nonattainment area.
    (7) Calculation of non-creditable emissions reductions. The
following four categories of control measures listed in CAA section
182(b)(1)(D) are no longer required to be calculated for exclusion in
RFP analyses because the Administrator has determined that due to the
passage of time the effect of these exclusions would be de minimis:
    (i) Measures related to motor vehicle exhaust or evaporative
emissions promulgated by January 1, 1990;
    (ii) Regulations concerning Reid vapor pressure promulgated by
November 15, 1990;
    (iii) Measures to correct previous RACT requirements; and
    (iv) Measures required to correct previous I/M programs.
    (b) Baseline emissions inventory for RFP plans. For the RFP plans
required under this section, at the time of designation for the 2008
ozone NAAQS the baseline emissions inventory shall be the emissions
inventory for the most recent calendar year for which a complete
triennial inventory is required to be submitted to EPA under the
provisions of subpart A of this part. States may use an alternative
baseline emissions inventory provided the state demonstrates why it is
appropriate to use the alternative baseline year, and provided that the
year selected is between the years 2008 to 2012. All states associated
with a multi-state nonattainment area must consult and agree on a
single alternative baseline year. The emissions values included in the
inventory required by this section shall be actual ozone season day
emissions as defined by Sec.  51.1100(cc).

Sec.  51.1111  [Reserved]

Sec.  51.1112  Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).

    (a) RACT requirement for areas classified pursuant to Sec.
51.1103. (1) For each nonattainment area classified Moderate or higher,
the state shall submit a SIP revision that meets the VOC and
NOX RACT requirements in CAA sections 182(b)(2) and 182(f).
    (2) The state shall submit the RACT SIP for each area no later than
24 months after the effective date of designation for the 2008 ozone
NAAQS.
    (3) The state shall provide for implementation of RACT as
expeditiously as practicable but no later than January 1 of the 5th
year after the effective date of designation for the 2008 ozone NAAQS.
    (b) Determination of major stationary sources for applicability of
RACT provisions. The amount of VOC and NOX emissions are to
be considered separately for purposes of determining whether a source
is a major stationary source as defined in CAA section 302.
    (c) Reasonably Available Control Measures (RACM) requirement. For
each nonattainment area required to submit an attainment demonstration
under

Sec.  51.1108(a) and (b), the state shall submit with the attainment
demonstration a SIP revision demonstrating that it has adopted all RACM
necessary to demonstrate attainment as expeditiously as practicable and
to meet any RFP requirements.

Sec.  51.1113  Section 182(f) NOX exemption provisions.

    (a) A person or a state may petition the Administrator for an
exemption from NOX obligations under CAA section 182(f) for
any area designated nonattainment for the 2008 ozone NAAQS and for any
area in a CAA section 184 ozone transport region.
    (b) The petition must contain adequate documentation that the
criteria in CAA section 182(f) are met.
    (c) A CAA section 182(f) NOX exemption granted for the
1-hour or 1997 ozone NAAQS does not relieve the area from any
NOX obligations under CAA section 182(f) for the 2008 ozone
NAAQS.

Sec.  51.1114  New source review requirements.

    The requirements for nonattainment NSR for the ozone NAAQS are
located in Sec.  51.165. For each nonattainment area, the state shall
submit a nonattainment NSR plan or plan revision for the 2008 ozone
NAAQS no later than 36 months after the effective date of the area's
designation for the 2008 ozone NAAQS.

Sec.  51.1115  Emissions inventory requirements.

    (a) For each nonattainment area, the state shall submit a base year
inventory as defined by Sec.  51.1100(bb) to meet the emissions
inventory requirement of CAA section 182(a)(1). This inventory shall be
submitted no later than 24 months after the effective date of
designation. The inventory year shall be selected consistent with the
baseline year for the RFP plan as required by Sec.  51.1110(b).
    (b) For each nonattainment area, the state shall submit a periodic
emission inventory of emissions sources in the area to meet the
requirement in CAA section 182(a)(3)(A). With the exception of the
inventory year and timing of submittal, this inventory shall be
consistent with the requirements of paragraph (a) of this section. Each
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory
for the nonattainment area. This requirement shall apply until the area
is redesignated to attainment.
    (c) The emissions values included in the inventories required by
paragraphs (a) and (b) of this section shall be actual ozone season day
emissions as defined by Sec.  51.1100(cc).
    (d) The state shall report emissions from point sources according
to the point source emissions thresholds of the Air Emissions Reporting
Requirements (AERR), 40 CFR part 51, subpart A.
    (e) The data elements in the emissions inventory shall be
consistent with the detail required by 40 CFR part 51, subpart A. Since
only emissions within the boundaries of the nonattainment area shall be
included as defined by Sec.  51.1100(cc), this requirement shall apply
to the emissions inventories required in this section instead of any
total county requirements contained in 40 CFR part 51, subpart A.

Sec.  51.1116  Requirements for an Ozone Transport Region.

    (a) In general. CAA sections 176A and 184 apply for purposes of the
2008 ozone NAAQS.
    (b) RACT requirements for certain portions of an Ozone Transport
Region. (1) The state shall submit a SIP revision that meets the RACT
requirements of CAA section 184(b)(2) for all portions of the state
located in an ozone transport region.
    (2) The state shall submit the RACT revision no later than 24
months after designation for the 2008 ozone NAAQS and shall provide for
implementation of RACT as expeditiously as practicable but no later
than January 1 of the 5th year after designation for the 2008 ozone
NAAQS.

Sec.  51.1117  Fee programs for Severe and Extreme nonattainment areas
that fail to attain.

    For each area classified as Severe or Extreme for the 2008 ozone
NAAQS, the state shall submit a SIP revision within 10 years of the
effective date of designation that meets the requirements of CAA
section 185.

Sec.  51.1118  Suspension of SIP planning requirements in nonattainment
areas that have air quality data that meet an ozone NAAQS.

    Upon a determination by EPA that an area designated nonattainment
for the 2008 ozone NAAQS, or for any prior ozone NAAQS, has attained
the relevant standard, the requirements for such area to submit
attainment demonstrations and associated reasonably available control
measures, reasonable further progress plans, contingency measures for
failure to attain or make reasonable progress and other planning SIPs
related to attainment of the 2008 ozone NAAQS, or for any prior NAAQS
for which the determination has been made, shall be suspended until
such time as: The area is redesignated to attainment for that NAAQS or
a redesignation substitute is approved as appropriate, at which time
the requirements no longer apply; or EPA determines that the area has
violated that NAAQS, at which time the area is again required to submit
such plans.

Sec.  51.1119  Applicability.

    As of revocation of the 1997 ozone NAAQS on April 6, 2015, as set
forth in Sec.  50.10(c), the provisions of subpart AA shall replace the
provisions of subpart X, Sec. Sec.  51.900 to 51.918, which cease to
apply except for Sec.  51.907 for the anti-backsliding purposes of
Sec.  51.1105(c)(2). See subpart X Sec.  51.919.

0
8. In Appendix S to part 51, revise section IV.G.5 and add section VII
to read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *
    IV. * * *
    G. * * *
    5. Interpollutant offsetting. In meeting the emissions offset
requirements of paragraph IV.A, Condition 3 of this Ruling, the
emissions offsets obtained shall be for the same regulated NSR
pollutant unless interpollutant offsetting is permitted for a
particular pollutant as specified in this paragraph IV.G.5.
    (i) The offset requirements of paragraph IV.A, Condition 3 of
this Ruling for emissions of the ozone precursors NOX and
VOC may be satisfied by offsetting reductions of emissions of either
of those precursors, if all other requirements for such offsets are
also satisfied.
    (ii) The offset requirements of paragraph IV.A, Condition 3 of
this Ruling for direct PM2.5 emissions or emissions of
precursors of PM2.5 may be satisfied by offsetting
reductions of direct PM2.5 emissions or emissions of any
PM2.5 precursor identified under paragraph II.A.31 (iii)
of this Ruling if such offsets comply with an interprecursor trading
hierarchy and ratio approved by the Administrator.
* * * * *

VII. Anti-Backsliding Measures for Revoked Ozone NAAQS

    Nonattainment area new source review obligations for prior ozone
NAAQS.
    A. Except as provided in paragraph VII.B of this Ruling, an area
designated nonattainment for the 2008 ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS on April 6, 2015 remains
subject to the obligation to adopt and implement the major source
threshold and offset ratio requirements for nonattainment NSR that
apply or applied to the area pursuant to sections 172(c)(5), 173 and
182 of the Act based on the highest of: (i) The area's
classification under section 181(a)(1) of the Act for the 1-hour
ozone NAAQS as of

the effective date of revocation of that NAAQS; (ii) the area's
classification under Sec.  51.903 for the 1997 ozone NAAQS as of the
date a permit is issued or as of April 6, 2015, whichever is
earlier; and (iii) the area's classification under Sec.  51.1103 for
the 2008 ozone NAAQS.
    B.1. An area remains subject to the obligations for a revoked
NAAQS under paragraph (a) until either (i) the area is redesignated
to attainment for the 2008 ozone NAAQS; or (ii) the EPA approves a
demonstration for the area in a redesignation substitute procedure
for a revoked NAAQS per the provisions of Sec.  51.1105(b). Under
this redesignation substitute procedure for a revoked NAAQS, and for
this limited anti-backsliding purpose, the demonstration must show
that the area has attained that revoked NAAQS due to permanent and
enforceable emission reductions and that the area will maintain that
revoked NAAQS for 10 years from the date of EPA's approval of this
showing.
    2. Effect of redesignation to attainment for 2008 ozone NAAQS or
approval of a redesignation substitute for a revoked ozone NAAQS.
After redesignation to attainment for the 2008 ozone NAAQS, the
state may request that provisions for nonattainment NSR be removed
from the SIP. After EPA approval of a redesignation substitute for a
revoked NAAQS under the provisions of Sec.  51.1105(b), the state
may request that provisions for nonattainment NSR for that revoked
NAAQS be removed from the SIP. Upon removal of nonattainment NSR
provisions for a revoked NAAQS, the state remains subject to the
obligation to adopt and implement the major source threshold and
offset ratio requirements for nonattainment NSR that apply or
applied to the area for the remaining applicable NAAQS consistent
with paragraph VII.A of this Ruling.

0
9. In Sec.  51.165, revise paragraph (a)(11) and add paragraph (a)(12)
to read as follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (11) The plan shall require that in meeting the emissions offset
requirements of paragraph (a)(3) of this section, the emissions offsets
obtained shall be for the same regulated NSR pollutant unless
interprecursor offsetting is permitted for a particular pollutant as
specified in this paragraph.
    (i) The plan may allow the offset requirement in paragraph (a)(3)
of this section for emissions of the ozone precursors NOX
and VOC to be satisfied by offsetting reductions in emissions of either
of those precursors, if all other requirements for such offsets are
also satisfied.
    (ii) The plan may allow the offset requirements in paragraph (a)(3)
of this section for direct PM2.5 emissions or emissions of
precursors of PM2.5 to be satisfied by offsetting reductions
in direct PM2.5 emissions or emissions of any
PM2.5 precursor identified under paragraph (a)(1)(xxxvii)(C)
of this section if such offsets comply with the interprecursor trading
hierarchy and ratio established in the approved plan for a particular
nonattainment area.
    (12) The plan shall require that in any area designated
nonattainment for the 2008 ozone NAAQS and designated nonattainment for
the 1997 ozone NAAQS on April 6, 2015 the requirements of this section
applicable to major stationary sources and major modifications of ozone
shall include the anti-backsliding requirements contained at Sec.
51.1105.
* * * * *

0
10. In Sec.  51.166, revise paragraph (i)(2) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (2) The plan may provide that requirements equivalent to those
contained in paragraphs (j) through (r) of this section do not apply to
a major stationary source or major modification with respect to a
particular pollutant if the owner or operator demonstrates that, as to
that pollutant, the source or modification is located in an area
designated as nonattainment under section 107 of the Act. Nonattainment
designations for revoked NAAQS, as contained in part 81 of this
chapter, shall not be viewed as current designations under section 107
of the Act for purposes of determining the applicability of
requirements equivalent to those contained in paragraphs (j) through
(r) of this section to a major stationary source or major modification
after the revocation of that NAAQS is effective.
* * * * *

0
11. In Sec.  51.372, revise paragraph (b)(2) to read as follows:

Sec.  51.372  State Implementation Plan submissions.

* * * * *
    (b) * * *
    (2) A SIP revision required as a result of a change in an area's
designation or classification under a NAAQS for ozone, including all
necessary legal authority and the items specified in paragraphs (a)(1)
through (8) of this section, shall be submitted no later than the
deadline for submitting the area's attainment SIP for the NAAQS in
question.
* * * * *

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
13. In Sec.  52.21, revise paragraph (i)(2) to read as follows:
* * * * *
    (i). * * *
    (2) The requirements of paragraphs (j) through (r) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an
area designated as nonattainment under section 107 of the Act.
Nonattainment designations for revoked NAAQS, as contained in 40 CFR
part 81, shall not be viewed as current designations under section 107
of the Act for purposes of determining the applicability of paragraphs
(j) through (r) of this section to a major stationary source or major
modification after the revocation of that NAAQS is effective.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
14. The authority citation for part 70 continues to read as follows:

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

0
15. In Sec.  70.2, under the definition of ``Major source,'' revise
paragraphs (3)(i), (3)(iii)(A), and (3)(iv) to read as follows:

Sec.  70.2  Definitions.

* * * * *
    Major source * * *
    (3) * * *
    (i) For ozone nonattainment areas, sources with the potential to
emit 100 tpy or more of volatile organic compounds or oxides of
nitrogen in areas classified or treated as classified as ``Marginal''
or ``Moderate,'' 50 tpy or more in areas classified or treated as
classified as ``Serious,'' 25 tpy or more in areas classified or
treated as classified as ``Severe,'' and 10 tpy or more in areas
classified or treated as classified as ``Extreme''; except that the
references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen
oxides shall not apply with respect to any source for which the
Administrator has made a finding, under section 182(f)(1) or (2) of the
Act, that requirements under section 182(f) of the Act do not apply;
* * * * *
    (iii) * * *

    (A) That are classified or treated as classified as ``Serious,''
and
* * * * *
    (iv) For particulate matter (PM-10) nonattainment areas classified
or treated as classified as ``Serious,'' sources with the potential to
emit 70 tpy or more of PM-10.
* * * * *

PART 71--FEDERAL OPERATING PERMIT PROGRAMS

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

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

0
17. In Sec.  71.2, under the definition of ``Major source,'' revise
paragraphs (3)(i), (3)(iii)(A), and (3)(iv) to read as follows:

Sec.  71.2  Definitions.

* * * * *
    Major source * * *
    (3) * * *
    (i) For ozone nonattainment areas, sources with the potential to
emit 100 tpy or more of volatile organic compounds or oxides of
nitrogen in areas classified or treated as classified as ``Marginal''
or ``Moderate,'' 50 tpy or more in areas classified or treated as
classified as ``Serious,'' 25 tpy or more in areas classified or
treated as classified as ``Severe,'' and 10 tpy or more in areas
classified or treated as classified as ``Extreme''; except that the
references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen
oxides shall not apply with respect to any source for which the
Administrator has made a finding, under section 182(f)(1) or (2) of the
Act, that requirements under section 182(f) of the Act do not apply;
* * * * *
    (iii) * * *
    (A) That are classified or treated as classified as ``Serious,''
and
* * * * *
    (iv) For particulate matter (PM-10) nonattainment areas classified
or treated as classified as ``Serious,'' sources with the potential to
emit 70 tpy or more of PM-10.
* * * * *

[FR Doc. 2015-04012 Filed 3-5-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Page 23346]
[FR Doc No: 2014-09595]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-19-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 2, 2014, Oncor Electric Delivery Company
LLC submitted its tariff filing per 35.28(e): Oncor Tex-La Tariff Rate
Changes, effective March 11, 2013.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 6, 2014.

    Dated: April 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-09595 Filed 4-25-14; 8:45 am]
BILLING CODE 6717-01-P