[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53183-53189]
[FR Doc No: 2018-22999]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2008-0063; FRL-9985-49-Region 6]

National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delegation of authority.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has
submitted updated regulations for receiving delegation and approval of
its program for the implementation and enforcement of certain National
Emission Standards for Hazardous Air Pollutants (NESHAP) for all
sources (both part 70 and non-part 70 sources), as provided for under
previously approved delegation mechanisms. The updated state
regulations incorporate by reference certain NESHAP promulgated by the
EPA at parts 61 and 63, as they existed through September 1, 2016. The
EPA is providing notice that it is taking final action to approve the
delegation of certain NESHAP to ODEQ.

DATES: This rule is effective on November 21, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2008-0063. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

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

I. Background

    The background for this action is discussed in detail in our August
10, 2018, proposal (83 FR 39641). In that document we proposed to
approve a request from the Oklahoma Department of Environmental Quality
(ODEQ) to update its existing NESHAP regulations for receiving
delegation and approval of its program for the implementation and
enforcement of certain National Emission Standards for Hazardous Air
Pollutants (NESHAP) for all sources (both part 70 and non-part 70
sources), as provided for under previously approved delegation
mechanisms. We received five anonymous public comments on the proposed
rulemaking action. The comments are posted to the docket (EPA-R06-OAR-
2008-0063). None of the comments are relevant to our proposed
rulemaking to approve ODEQ's request updating the delegation of certain
NESHAP. Since these comments are not relevant to the specific action
EPA proposed, the EPA will not be responding to these comments or
making any changes to our proposed rulemaking because of these
comments.

II. What does this action do?

    EPA is providing notice that it is taking final action to approve
ODEQ's request updating the delegation of certain NESHAP. With this
delegation, ODEQ has the primary responsibility to implement and
enforce the delegated standards. See sections VII and VIII, below, for
a discussion of which standards are being delegated and which are not
being delegated.

III. What is the authority for delegation?

    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize
the EPA to delegate authority for the implementation and enforcement of
emission standards for hazardous air pollutants to a State or local
agency that satisfies the statutory and regulatory requirements in
subpart E. The hazardous air pollutant standards are codified at 40 CFR
parts 61 and 63.

IV. What criteria must Oklahoma's program meet to be approved?

    Section 112(l)(5) of the CAA requires the EPA to disapprove any
program submitted by a State for the delegation of NESHAP standards if
the EPA determines that:
    (A) The authorities contained in the program are not adequate to
assure compliance by the sources within the State with respect to each
applicable standard, regulation, or requirement established under
section 112;
    (B) adequate authority does not exist, or adequate resources are
not available, to implement the program;
    (C) the schedule for implementing the program and assuring
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance
issued by the EPA under section 112(l)(2) or is not likely to satisfy,
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA
promulgated regulations at 40 CFR part 63, subpart E setting forth
criteria for the approval of submitted programs. For example, in order
to obtain approval of a program to implement and enforce Federal
section 112 rules as promulgated without changes (straight delegation)
for part 70 sources, a State must demonstrate that it meets the
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim
or final Title V program approval will satisfy the criteria of 40 CFR
63.91(d).\1\
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    \1\ Some NESHAP standards do not require a source to obtain a
title V permit (e.g., certain area sources that are exempt from the
requirement to obtain a title V permit). For these non-title V
sources, the EPA believes that the State must assure the EPA that it
can implement and enforce the NESHAP for such sources. See 65 FR
55810, 55813 (Sept. 14, 2000). EPA has previously approved
Oklahoma's program to implement and enforce the NESHAP as they apply
to non-part 70 sources. See 66 FR 1584 (Jan. 9, 2001).
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    The NESHAP delegation for Oklahoma, as it applies to both part 70
and non-part 70 sources, was most recently approved on December 13,
2005 (70 FR 73595).

V. How did ODEQ meet the NESHAP program approval criteria?

    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of
its Title V submission ODEQ stated that it intended to use the
mechanism of incorporation by reference to adopt unchanged Federal
section 112 into its regulations. This commitment applied to both
existing and future standards as

they applied to part 70 sources. EPA's final interim approval of
Oklahoma's Title V operating permits program delegated the authority to
implement certain NESHAP, effective March 6, 1996 (61 FR 4220, February
5, 1996). On December 5, 2001, EPA promulgated final full approval of
the State's operating permits program, effective November 30, 2001 (66
FR 63170). These interim and final Title V program approvals satisfy
the up-front approval criteria of 40 CFR 63.91(d). Under 40 CFR
63.91(d)(2), once a State has satisfied up-front approval criteria, it
needs only to reference the previous demonstration and reaffirm that it
still meets the criteria for any subsequent submittals for delegation
of the section 112 standards. ODEQ has affirmed that it still meets the
up-front approval criteria. With respect to non-part 70 sources, the
EPA has previously approved delegation of NESHAP authorities to ODEQ
after finding adequate authorities to implement and enforce the NESHAP
for such sources. See 66 FR 1584 (January 9, 2001).

VI. What is being delegated?

    By letter dated June 25, 2018, the EPA received a request from ODEQ
to update its existing NESHAP delegation.\2\ With certain exceptions
noted in section VII below, Oklahoma's request included NESHAP in 40
CFR part 61 and 40 CFR part 63. ODEQ's request included newly
incorporated NESHAP promulgated by the EPA and amendments to existing
standards currently delegated, as they existed though September 1,
2016. This action is being taken in reponse to ODEQ's request noted
above.
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    \2\ ODEQ's June 25, 2018 letter rescinds its previous three
letters, dated January 11, 2008; August 23, 2012; and October 16,
2017, requesting EPA approval to update Oklahoma's NESHAP
delegation.. As such, the EPA's proposed rulemaking (80 FR 9678,
February 24, 2015) associated with ODEQ's January 11, 2008 letter is
hereby withdrawn.
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VII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this
action are not delegated. These include the following part 61 and 63
authorities listed below:
     40 CFR part 61, subpart B (National Emission Standards for
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for
Radionuclide Emissions from Federal Facilities Other Than Nuclear
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for
Radon Emissions from the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for
Radon Emissions from Operating Mill Tailings); and
     40 CFR part 63, subpart J (National Emission Standards for
Polyvinyl Choride and Copolymers Production).
    In addition, the EPA regulations provide that we cannot delegate to
a State any of the Category II Subpart A authorities set forth in 40
CFR 63.91(g)(2). These include the following provisions: Sec.  63.6(g),
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9),
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f),
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f),
Approval of Major Alternatives to Recordkeeping and Reporting. Also,
some part 61 and part 63 standards have certain provisions that cannot
be delegated to the States. Furthermore, no authorities are delegated
that require rulemaking in the Federal Register to implement, or where
Federal overview is the only way to ensure national consistency in the
application of the standards or requirements of CAA section 112.
Finally, this action does not delegate any authority under section
112(r), the accidental release program.
    All inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Oklahoma should
be directed to the EPA Region 6 Office.
    In addition, this delegation to ODEQ to implement and enforce
certain NESHAP does not extend to sources or activities located in
Indian country, as defined in 18 U.S.C. 1151. Oklahoma is not seeking
delegation for such areas, and neither the EPA nor ODEQ is aware of any
existing facilities in Indian country subject to the NESHAP being
delegated. ODEQ may submit a request to expand this program to non-
reservation areas of Indian country in the future, at which time the
EPA would evaluate the request through the appropriate process.

VIII. How will statutory and regulatory interpretations be made?

    In approving the NESHAP delegation, ODEQ will obtain concurrence
from the EPA on any matter involving the interpretation of section 112
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation
or enforcement of these provisions have not been covered by prior EPA
determinations or guidance.

IX. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40
CFR 63.90(d)(2), to enforce any applicable emission standard or
requirement established under section 112. In addition, the EPA may
enforce any federally approved State rule, requirement, or program
under 40 CFR 63.90(e) and 63.91(c)(1)(i). The EPA also has the
authority to make certain decisions under the General Provisions
(subpart A) of parts 61 and 63. We are delegating to the ODEQ some of
these authorities, and retaining others, as explained in sections VI
and VII above. In addition, the EPA may review and disapprove State
determinations and subsequently require corrections. See 40 CFR
63.91(g)(1)(ii). EPA also has the authority to review ODEQ's
implementation and enforcement of approved rules or programs and to
withdraw approval if we find inadequate implementation or enforcement.
See 40 CFR 63.96.
    Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in footnote 2 of the part 63 delegation table at
the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original
delegation agreement. See ``Provisions for the Implementation and
Enforcement of NSPS and NESHAP in Oklahoma,'' effective March 25, 1982,
a copy of which is included in the docket for this action.

X. What information must ODEQ provide to the EPA?

    ODEQ must provide any additional compliance related information to
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45
days of a request under 40 CFR 63.96(a). In receiving delegation for
specific General

Provisions authorities, ODEQ must submit to EPA Region 6 on a semi-
annual basis, copies of determinations issued under these authorities.
See 40 CFR 63.91(g)(1)(ii). For part 63 standards, these determinations
include: Sec.  63.1, Applicability Determinations; Sec.  63.6(e),
Operation and Maintenance Requirements--Responsibility for Determining
Compliance; Sec.  63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance; Sec.  63.6(h), Compliance
with Opacity and Visible Emissions Standards--Responsibility for
Determining Compliance; Sec.  63.7(c)(2)(i) and (d), Approval of Site-
Specific Test Plans; Sec.  63.7(e)(2)(i), Approval of Minor
Alternatives to Test Methods; Sec.  63.7(e)(2)(ii) and (f), Approval of
Intermediate Alternatives to Test Methods; Sec.  63.7(e)(iii), Approval
of Shorter Sampling Times and Volumes When Necessitated by Process
Variables or Other Factors; Sec.  63.7(e)(2)(iv), (h)(2) and (3),
Waiver of Performance Testing; Sec.  63.8(c)(1) and (e)(1), Approval of
Site-Specific Performance Evaluation (Monitoring) Test Plans; Sec.
63.8(f), Approval of Minor Alternatives to Monitoring; Sec.  63.8(f),
Approval of Intermediate Alternatives to Monitoring; Sec. Sec.  63.9
and 63.10, Approval of Adjustments to Time Periods for Submitting
Reports; Sec.  63.10(f), Approval of Minor Alternatives to
Recordkeeping and Reporting; and Sec.  63.7(a)(4), Extension of
Performance Test Deadline.

XI. What is the EPA's oversight role?

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

XII. Should sources submit notices to the EPA or ODEQ?

    For the delegated NESHAP standards and authorities covered by this
action, sources would submit all of the information required pursuant
to the general provisions and the relevant subpart(s) of the delegated
NESHAP (40 CFR parts 61 and 63) directly to the ODEQ at the following
address: State of Oklahoma, Department of Environmental Quality, Air
Quality Division, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677.
The ODEQ is the primary point of contact with respect to delegated
NESHAP. Sources do not need to send a copy to the EPA. The EPA Region 6
waives the requirement that notifications and reports for delegated
standards be submitted to EPA in addition to ODEQ in accordance with 40
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\3\ For those standards and
authorties not delegated as discussed above, sources must continue to
submit all appropriate information to the EPA.
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    \3\ This waiver only extends to the submission of copies of
notifications and reports; the EPA does not waive the requirements
in delegated standards that require notifications and reports be
submitted to an electronic database (e.g., 40 CFR part 63, subpart
HHHHHHH).
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XIII. How will unchanged authorities be delegated to ODEQ in the
future?

    As stated in previous NESHAP delegation actions, the EPA has
approved Oklahoma's mechanism of incorporation by reference of NESHAP
standards into ODEQ regulations, as they apply to both part 70 and non-
part 70 sources. See, e.g., 61 FR 4224 (February 5, 1996) and 66 FR
1584 (January 9, 2001). Consistent with the EPA regulations and
guidance,\4\ ODEQ may request future updates to Oklahoma's NESHAP
delegation by submitting a letter to the EPA that appropriately
identifies the specific NESHAP which have been incorporated by
reference into state regulations, reaffirms that it still meets up-
front approval delegation criteria for part 70 sources, and
demonstrates that ODEQ maintains adequate authorites and resources to
implement and enforce the delegated NESHAP requirements for all
sources. We will respond in writing to the request stating that the
request for delegation is either granted or denied. A Federal Register
action will be published to inform the public and affected sources of
the updated delegation, indicate where source notifications and reports
should be sent, and amend the relevant portions of the Code of Federal
Regulations identifying which NESHAP standards have been delegated to
the ODEQ. We have not been using this informational notice process but
intend to from now on upon receipt of the next NESHAP delegation
request from ODEQ.\5\
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    \4\ See Harardous Air Pollutants: Amendments to the Approval of
State Programs and Delegation of Federal Authorities, Final Rule (65
FR 55810, September 14, 2000); and ``Straight Delegation Issues
Concerning Sections 111 and 112 Requirements and Title V,'' by John
S. Seitz, Director of Air Qualirty Planning and Standards, EPA,
dated December 10, 1993.
    \5\ A request from ODEQ that raises an issue not previously
subject to comment, presents new data, requires EPA to examine its
interpretion of the applicable law, or where EPA wishes to re-
examine its present position on a matter will be processed through
notice and comment rulemaking in the Federal Register.
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XIV. Final Action

    EPA is taking final action to approve an update to the Oklahoma
NESHAP delegation that would provide the ODEQ with the authority to
implement and enforce certain newly incorporated NESHAP promulgated by
the EPA, and amendments to existing standards currently delegated, as
they existed though September 1, 2016. As requested in ODEQ's June 25,
2018 letter, this final delegation to ODEQ does not extend to sources
or activities located in Indian country, as defined in 18 U.S.C. 1151.

XV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve
section 112(l) submissions that comply with the provisions of the Act
and applicable Federal regulations. In reviewing section 112(l)
submissions, the EPA's role is to approve state choices, provided that
they meet the criteria and objectives of the CAA and of the EPA's
implementing regulations. Accordingly, this final action merely
approves the State's request as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this final action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or

safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

List of Subjects

40 CFR Part 61

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

40 CFR Part 63

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

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

    Dated: October 16, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
    For the reasons stated in the preamble, 40 CFR parts 61 and 63 are
amended as follows:

PART 61--NATIONAL EMISSON STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

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

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraphs (b)(38) and
(c)(6)(iv) to read as follows:

Sec.  61.04  Address.

* * * * *
    (b) * * *
    (38) State of Oklahoma, Oklahoma Department of Environmental
Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma see paragraph
(c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iv) Oklahoma. The Oklahoma Department of Environmental Quality
(ODED) has been delegated the following part 61 standards promulgated
by EPA, as amended in the Federal Register through September 1, 2016.
The (X) symbol is used to indicate each subpart that has been
delegated.

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

* * * * *

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

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

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

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

0
 4. Section 63.99 is amended by revising paragraph (a)(37)(i) to read
as follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (37) * * *
    (i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Oklahoma Department of
Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some
authorities cannot be delegated and are retained by EPA. These include
certain General Provisions authorities and specific parts of some
standards. Any amendments made to these rules after September 1, 2016
are not delegated.

       Delegation Status for Part 63 Standards--State of Oklahoma
                       [Excluding Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         ODEQ 1 2
------------------------------------------------------------------------
A..............................  General Provisions....               X
F..............................  Hazardous Organic                    X
                                  NESHAP (HON)--
                                  Synthetic Organic
                                  Chemical
                                  Manufacturing
                                  Industry (SOCMI).
G..............................  HON--SOCMI Process                   X
                                  Vents, Storage
                                  Vessels, Transfer
                                  Operations and
                                  Wastewater.
H..............................  HON--Equipment Leaks..               X
I..............................  HON--Certain Processes               X
                                  Negotiated Equipment
                                  Leak Regulation.
J..............................  Polyvinyl Chloride and             \3\
                                  Copolymers Production.
K..............................  (Reserved)............  ...............
L..............................  Coke Oven Batteries...               X
M..............................  Perchloroethylene Dry                X
                                  Cleaning.
N..............................  Chromium                             X
                                  Electroplating and
                                  Chromium Anodizing
                                  Tanks.
O..............................  Ethylene Oxide                       X
                                  Sterilizers.
P..............................  (Reserved)............  ...............
Q..............................  Industrial Process                   X
                                  Cooling Towers.
R..............................  Gasoline Distribution.               X
S..............................  Pulp and Paper                       X
                                  Industry.
T..............................  Halogenated Solvent                  X
                                  Cleaning.
U..............................  Group I Polymers and                 X
                                  Resins.
V..............................  (Reserved)............  ...............
W..............................  Epoxy Resins                         X
                                  Production and Non-
                                  Nylon Polyamides
                                  Production.
X..............................  Secondary Lead                       X
                                  Smelting.
Y..............................  Marine Tank Vessel                   X
                                  Loading.
Z..............................  (Reserved)............  ...............
AA.............................  Phosphoric Acid                      X
                                  Manufacturing Plants.
BB.............................  Phosphate Fertilizers                X
                                  Production Plants.
CC.............................  Petroleum Refineries..               X
DD.............................  Off-Site Waste and                   X
                                  Recovery Operations.
EE.............................  Magnetic Tape                        X
                                  Manufacturing.
FF.............................  (Reserved)............  ...............
GG.............................  Aerospace                            X
                                  Manufacturing and
                                  Rework Facilities.
HH.............................  Oil and Natural Gas                  X
                                  Production Facilities.
II.............................  Shipbuilding and Ship                X
                                  Repair Facilities.
JJ.............................  Wood Furniture                       X
                                  Manufacturing
                                  Operations.
KK.............................  Printing and                         X
                                  Publishing Industry.
LL.............................  Primary Aluminum                     X
                                  Reduction Plants.
MM.............................  Chemical Recovery                    X
                                  Combustion Sources at
                                  Kraft, Soda, Sulfide,
                                  and Stand-Alone
                                  Semichemical Pulp
                                  Mills.
NN.............................  Wool Fiberglass                      X
                                  Manufacturing at Area
                                  Sources.
OO.............................  Tanks-Level 1.........               X
PP.............................  Containers............               X
QQ.............................  Surface Impoundments..               X
RR.............................  Individual Drain                     X
                                  Systems.
SS.............................  Closed Vent Systems,                 X
                                  Control Devices,
                                  Recovery Devices and
                                  Routing to a Fuel Gas
                                  System or a Process.
TT.............................  Equipment Leaks--                    X
                                  Control Level 1.
UU.............................  Equipment Leaks--                    X
                                  Control Level 2
                                  Standards.
VV.............................  Oil--Water Separators                X
                                  and Organic--Water
                                  Separators.
WW.............................  Storage Vessels                      X
                                  (Tanks)--Control
                                  Level 2.
XX.............................  Ethylene Manufacturing               X
                                  Process Units Heat
                                  Exchange Systems and
                                  Waste Operations.
YY.............................  Generic Maximum                      X
                                  Achievable Control
                                  Technology Standards.
ZZ-BBB.........................  (Reserved)............  ...............
CCC............................  Steel Pickling--HCI                  X
                                  Process Facilities
                                  and Hydrochloric Acid
                                  Regeneration.

DDD............................  Mineral Wool                         X
                                  Production.
EEE............................  Hazardous Waste                      X
                                  Combustors.
FFF............................  (Reserved)............  ...............
GGG............................  Pharmaceuticals                      X
                                  Production.
HHH............................  Natural Gas                          X
                                  Transmission and
                                  Storage Facilities.
III............................  Flexible Polyurethane                X
                                  Foam Production.
JJJ............................  Group IV Polymers and                X
                                  Resins.
KKK............................  (Reserved)............  ...............
LLL............................  Portland Cement                      X
                                  Manufacturing.
MMM............................  Pesticide Active                     X
                                  Ingredient Production.
NNN............................  Wool Fiberglass                      X
                                  Manufacturing.
OOO............................  Amino/Phenolic Resins.               X
PPP............................  Polyether Polyols                    X
                                  Production.
QQQ............................  Primary Copper                       X
                                  Smelting.
RRR............................  Secondary Aluminum                   X
                                  Production.
SSS............................  (Reserved)............  ...............
TTT............................  Primary Lead Smelting.               X
UUU............................  Petroleum Refineries--               X
                                  Catalytic Cracking
                                  Units, Catalytic
                                  Reforming Units and
                                  Sulfur Recovery
                                  Plants.
VVV............................  Publicly Owned                       X
                                  Treatment Works
                                  (POTW).
WWW............................  (Reserved)............  ...............
XXX............................  Ferroalloys                          X
                                  Production:
                                  Ferromanganese and
                                  Silicomanganese.
AAAA...........................  Municipal Solid Waste                X
                                  Landfills.
CCCC...........................  Nutritional Yeast                    X
                                  Manufacturing.
DDDD...........................  Plywood and Composite            \4\ X
                                  Wood Products.
EEEE...........................  Organic Liquids                      X
                                  Distribution.
FFFF...........................  Misc. Organic Chemical               X
                                  Production and
                                  Processes (MON).
GGGG...........................  Solvent Extraction for               X
                                  Vegetable Oil
                                  Production.
HHHH...........................  Wet Formed Fiberglass                X
                                  Mat Production.
IIII...........................  Auto & Light Duty                    X
                                  Truck (Surface
                                  Coating).
JJJJ...........................  Paper and other Web                  X
                                  (Surface Coating).
KKKK...........................  Metal Can (Surface                   X
                                  Coating).
MMMM...........................  Misc. Metal Parts and                X
                                  Products (Surface
                                  Coating).
NNNN...........................  Surface Coating of                   X
                                  Large Appliances.
OOOO...........................  Fabric Printing                      X
                                  Coating and Dyeing.
PPPP...........................  Plastic Parts (Surface               X
                                  Coating).
QQQQ...........................  Surface Coating of                   X
                                  Wood Building
                                  Products.
RRRR...........................  Surface Coating of                   X
                                  Metal Furniture.
SSSS...........................  Surface Coating for                  X
                                  Metal Coil.
TTTT...........................  Leather Finishing                    X
                                  Operations.
UUUU...........................  Cellulose Production                 X
                                  Manufacture.
VVVV...........................  Boat Manufacturing....               X
WWWW...........................  Reinforced Plastic                   X
                                  Composites Production.
XXXX...........................  Tire Manufacturing....               X
YYYY...........................  Combustion Turbines...               X
ZZZZ...........................  Reciprocating Internal               X
                                  Combustion Engines
                                  (RICE).
AAAAA..........................  Lime Manufacturing                   X
                                  Plants.
BBBBB..........................  Semiconductor                        X
                                  Manufacturing.
CCCCC..........................  Coke Ovens: Pushing,                 X
                                  Quenching and Battery
                                  Stacks.
DDDDD..........................  Industrial/Commercial/           \5\ X
                                  Institutional Boilers
                                  and Process Heaters
                                  Major Sources.
EEEEE..........................  Iron Foundries........               X
FFFFF..........................  Integrated Iron and                  X
                                  Steel.
GGGGG..........................  Site Remediation......               X
HHHHH..........................  Miscellaneous Coating                X
                                  Manufacturing.
IIIII..........................  Mercury Cell Chlor-                  X
                                  Alkali Plants.
JJJJJ..........................  Brick and Structural             \6\ X
                                  Clay Products
                                  Manufacturing.
KKKKK..........................  Clay Ceramics                    \6\ X
                                  Manufacturing.
LLLLL..........................  Asphalt Roofing and                  X
                                  Processing.
MMMMM..........................  Flexible Polyurethane                X
                                  Foam Fabrication
                                  Operation.
NNNNN..........................  Hydrochloric Acid                    X
                                  Production, Fumed
                                  Silica Production.
OOOOO..........................  (Reserved)............  ...............
PPPPP..........................  Engine Test Facilities               X
QQQQQ..........................  Friction Products                    X
                                  Manufacturing.
RRRRR..........................  Taconite Iron Ore                    X
                                  Processing.
SSSSS..........................  Refractory Products                  X
                                  Manufacture.
TTTTT..........................  Primary Magnesium                    X
                                  Refining.
UUUUU..........................  Coal and Oil-Fired               \7\ X
                                  Electric Utility
                                  Steam Generating
                                  Units.
VVVVV..........................  (Reserved)............  ...............
WWWWW..........................  Hospital Ethylene                    X
                                  Oxide Sterilizers.
XXXXX..........................  (Reserved)............  ...............
YYYYY..........................  Electric Arc Furnace                 X
                                  Steelmaking Area
                                  Sources.

ZZZZZ..........................  Iron and Steel                       X
                                  Foundries Area
                                  Sources.
AAAAAA.........................  (Reserved)............  ...............
BBBBBB.........................  Gasoline Distribution                X
                                  Bulk Terminals, Bulk
                                  Plants, and Pipeline
                                  Facilities.
CCCCCC.........................  Gasoline Dispensing                  X
                                  Facilities.
DDDDDD.........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Area Sources.
EEEEEE.........................  Primary Copper                       X
                                  Smelting Area Sources.
FFFFFF.........................  Secondary Copper                     X
                                  Smelting Area Sources.
GGGGGG.........................  Primary Nonferrous                   X
                                  Metals Area Source:
                                  Zinc, Cadmium, and
                                  Beryllium.
HHHHHH.........................  Paint Stripping and                  X
                                  Miscellaneous Surface
                                  Coating Operations at
                                  Area Sources.
IIIIII.........................  (Reserved)............  ...............
JJJJJJ.........................  Industrial,                          X
                                  Commercial, and
                                  Institutional Boilers
                                  Area Sources.
KKKKKK.........................  (Reserved)............  ...............
LLLLLL.........................  Acrylic and Modacrylic               X
                                  Fibers Production
                                  Area Sources.
MMMMMM.........................  Carbon Black                         X
                                  Production Area
                                  Sources.
NNNNNN.........................  Chemical Manufacturing               X
                                  Area Sources:
                                  Chromium Compounds.
OOOOOO.........................  Flexible Polyurethane                X
                                  Foam Production and
                                  Fabrication Area
                                  Sources.
PPPPPP.........................  Lead Acid Battery                    X
                                  Manufacturing Area
                                  Sources.
QQQQQQ.........................  Wood Preserving Area                 X
                                  Sources.
RRRRRR.........................  Clay Ceramics                        X
                                  Manufacturing Area
                                  Sources.
SSSSSS.........................  Glass Manufacturing                  X
                                  Area Sources.
TTTTTT.........................  Secondary Nonferrous                 X
                                  Metals Processing
                                  Area Sources.
UUUUUU.........................  (Reserved)............  ...............
VVVVVV.........................  Chemical Manufacturing               X
                                  Area Sources.
WWWWWW.........................  Plating and Polishing                X
                                  Operations Area
                                  Sources.
XXXXXX.........................  Metal Fabrication and                X
                                  Finishing Area
                                  Sources.
YYYYYY.........................  Ferroalloys Production               X
                                  Facilities Area
                                  Sources.
ZZZZZZ.........................  Aluminum, Copper, and                X
                                  Other Nonferrous
                                  Foundries Area
                                  Sources.
AAAAAAA........................  Asphalt Processing and               X
                                  Asphalt Roofing
                                  Manufacturing Area
                                  Sources.
BBBBBBB........................  Chemical Preparation                 X
                                  Industry Area Sources.
CCCCCCC........................  Paints and Allied                    X
                                  Products
                                  Manufacturing Area
                                  Sources.
DDDDDDD........................  Prepared Feeds Areas                 X
                                  Sources.
EEEEEEE........................  Gold Mine Ore                        X
                                  Processing and
                                  Production Area
                                  Sources.
FFFFFFF-GGGGGGG................  (Reserved)............  ...............
HHHHHHH........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ The ODEQ has adopted this subpart unchanged and applied for
  delegation of the standard. The subpart was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (DC Cir. 2004). Because of the DC Court's holding, this subpart
  is not delegated to ODEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
  of Appeals for the District of Columbia Circuit. See 72 FR 61060
  (October 29, 2007).
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
  7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
  26, 2015). Note that Part 63 Subpart KKKKK was amended to correct
  minor typographical errors at 80 FR 75817 (December 4, 2015).
\7\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR
  20172 (April 6, 2016). Final Supplemental Finding that it is
  appropriate and necessary to regulate HAP emissions from Coal- and Oil-
  fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

* * * * *
[FR Doc. 2018-22999 Filed 10-19-18; 8:45 am]
 BILLING CODE 6560-50-P


From:	"Andracsek, Robynn"<EMAIL_ADDRESS>
To:	Michael Samulski/AA/USEPA/US@EPA

Date:	12/11/2009 04:03 PM

Subject:	RE: SS Jeremiah O'Brien and the new ocean going vessel
regulations

I have attached documentation of our status as a National Historic
Landmark.

_____________________________

Robynn Andracsek, P.E.|Senior Environmental Engineer

Burns & McDonnell Engineering Company, Inc.

9400 Ward Parkway, Kansas City, MO 64114

Direct:<PHONE_NUMBER> | Main:<PHONE_NUMBER>

Mobile:<PHONE_NUMBER>| Fax:816.822.4299

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

From: Andracsek, Robynn

Sent: Friday, December 11, 2009 2:56 PM

To<EMAIL_ADDRESS>
Cc<EMAIL_ADDRESS><EMAIL_ADDRESS>
Subject: SS Jeremiah O'Brien and the new ocean going vessel regulations

Importance: High

Mr. Samulski-

I am writing on behalf of the SS. Jeremiah O’Brien, the last working
WWII Liberty ship.  I am their volunteer environmental engineer.
HYPERLINK "http://www.ssjeremiahobrien.org/"
http://www.ssjeremiahobrien.org/

The O’Brien was constructed in June 1943 and made seven World War II
voyages, ranging from England and Northern Ireland to South America, to
India, to Australia. She also made eleven crossings of the English
Channel carrying personnel and supplies to the Normandy beaches in
support of the D-Day invasion. After the war, she was "mothballed" and
laid up in the Reserve Fleet at Suisun Bay, north of San Francisco. In
1979, the O'Brien headed for San Francisco to be restored. No other ship
ever has steamed out of the mothball fleet under her own power.

The O'Brien is approved by the American Bureau of Shipping, certified by
the U.S. Coast Guard, and fully seaworthy -- the only active Liberty
Ship in original configuration. Operated as the National Liberty Ship
Memorial, she is moored at Pier 45, Fisherman's Wharf and open to the
public most days. Virtually the entire ship from engine room to flying
bridge can be seen by visitors. Boilers are "lit off," and the
2500-horsepower, triple-expansion reciprocating steam main engine is
operated on Steaming Weekends (normally the third Saturday and Sunday of
each month) so visitors can see the engine plant in action.

The O’Brien is a National Historic Landmark.  It is the last unaltered
Liberty Ship and remains historically accurate. All ships carrying
passengers operate under US Government Regulations listed in Title 46 of
the CFR (Code of Federal Regulations). The SS Jeremiah O'Brien, along
with 5 other museum ships, operates under a special permit which exempts
it from some regulations listed in the Code. The Coast Guard inspects
the ship before every cruise, and we must follow the directions of these
inspectors.

The O’Brien has a three cylinder, reciprocating triple expansion steam
engine, 2,500 HP.  It lights off on diesel fuel and then burns a heavy
oil to make steam.  I have confirmed that the main boiler is not subject
to the CARB regulations.  Our auxiliary diesel equipment is in fuel
compliance and uses low sulfur fuel.  Please see the attached emails.

I am available via phone, cell, and email to answer any questions about
the vessel and its compliance with environmental regulations.
Obviously, the ship could not be modified to burn a low sulfur fuel
without destroying its historically integrity.  Please consider
including an exemption for historic vessels in any new regulations
applicable to existing ships.

Thank you.

_____________________________

Robynn Andracsek, P.E.|Senior Environmental Engineer

Burns & McDonnell Engineering Company, Inc.

9400 Ward Parkway, Kansas City, MO 64114

Direct:<PHONE_NUMBER> | Main:<PHONE_NUMBER>

Mobile:<PHONE_NUMBER>| Fax:816.822.4299

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Page 76605]
[FR Doc No: 2013-30038]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12486-008]

Franklin County Idaho; Notice of Application Tendered for Filing
With the Commission and Establishing Procedural Schedule for Licensing
and 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: Original Major License.
    b. Project No.: 12486-008.
    c. Date Filed: November 27, 2013.
    d. Applicant: Twin Lakes Canal Company (Twin Lakes).
    e. Name of Project: Bear River Narrows Hydroelectric Project.
    f. Location: The proposed project would be located on the Bear
River, near the city of Preston, in Franklin County, Idaho. The project
would occupy 243 acres of federal land managed by the Bureau of Land
Management.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Nick E. Josten, Geosense, 2742 Saint Charles
Avenue, Idaho Falls, ID 83404,<PHONE_NUMBER>.
    i. FERC Contact: Shana Murray at<EMAIL_ADDRESS>or (202)
502-8333.
    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description: The proposed project facilities
include: (1) A new 109-foot-high roller compacted concrete dam and
spillway creating a reservoir with a gross storage capacity of 12,467
acre-foot; (2) a 48-foot-long, 16-foot-wide, and 20-foot-high concrete
intake structure near the upstream toe of the dam; (3) a 14-foot-
diameter, 600-foot-long steel penstock; (3) an 80-foot-long, 52-foot-
wide, and 24-foot-high powerhouse containing two, 5-megawatt vertical
Francis turbines with a combined maximum hydraulic capacity of 1,400
cubic feet per second (cfs); (4) a 0.74-mile, 46-kilovolt transmission
line connecting a proposed substation near the base of the powerhouse
to an existing, PacifiCorp-owned transmission line; and (5) appurtenant
facilities.
    Except for irrigation withdrawals during dry years, Twin Lakes
proposes to operate in the project run-of-river, with daily releases
from the new reservoir matching releases from the upstream Oneida
Project (FERC No. 20). During dry water year irrigation releases, Twin
Lakes proposes to release additional water for irrigation purposes but
maintain a minimum flow downstream of the proposed project.
    As an alternative, Twin Lakes is considering using the new
reservoir to re-regulate discharge from upstream Oneida Reservoir,
providing potential benefits to downstream aquatic habitat. In this
mode the reservoir elevation would vary each day over a range of
several feet.
    Twin Lakes estimates that the average annual generation would be
about 48,531 megawatt-hours.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at 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 document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready  March 7, 2014.
 for Environmental Analysis.
Filing of recommendations,            May 6, 2014.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Draft EIS.........  November 3, 2014.
Comments on Draft EIS...............  January 12, 2015.
Modified Terms and Conditions.......  March 3, 2015.
Commission Issues Final EIS.........  June 1, 2015.
------------------------------------------------------------------------

    o. 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: December 11, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-30038 Filed 12-17-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38987-38989]
[FR Doc No: 2022-14005]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0535]
RIN 1625-AA00

Safety Zone; Waterway, Tonawanda, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 280-foot radius of bridge launched fireworks
over Ellicott River in Tonawanda, NY. The safety zone is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by a fireworks display. Entry of vessels or persons
into this safety zone is prohibited unless specifically authorized by
the Captain of the Port Buffalo or his designated representative.

DATES: This rule is effective from 9:45 p.m. through 10:30 p.m. on July
4, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0535 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Anthony Urbana, Sector Buffalo, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section

U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
event sponsor did not submit notice of the fireworks display to the
Coast Guard with sufficient time remaining before the event to publish
an NPRM. This safety zone must be established by July 04, 2022 in order
to protect spectators and vessels from the hazards associated with this
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable because we must establish this safety zone by
July 04, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo
(COTP) has determined that fireworks over the water presents
significant risks to public safety and property within a 280-foot
radius of the launch point. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the fireworks display is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:45 p.m. through 10:30
p.m. on July 4, 2022. The safety zone will cover all navigable waters
within a 280-foot radius of bridge launched fireworks over Ellicott
River in Tonawanda, NY. The duration of the safety zone is intended to
protect spectators, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP Buffalo or his designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will encompass a 280-foot radius from the bridge launched fireworks
over Ellicott River in Tonwanda, NY, with the event lasting
approximately 1 hour during the evening when vessel traffic is normally
low. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone, and the
rule would allow vessels to seek permission to enter the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.

E. 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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule a safety zone
lasting approximately 1 hour that will prohibit entry within a 280-foot
radius over Ellicott River in Tonawanda, NY for a fireworks display. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Add Sec.  165.T09-0535 to read as follows:

Sec.  165.T09-0535  Safety Zone; Ellicott River, Tonawanda, NY.

    (a) Location. The following area is a safety zone: All waters of
the Ellicott River, from surface to bottom, encompassed by a 280-foot
radius around 43[deg]01'18.1'' N, 78[deg]52'40.9'' W.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Buffalo (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) In accordance with the general regulations in
section Sec.  165.23, entry into, transiting, or anchoring within the
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP Buffalo or a designated representative.
    (2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or his designated representative to
obtain permission to do so. The COTP Buffalo or his designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo or his designated
representative.
    (d) Enforcement period. The regulated area described in paragraph
(a) is effective from 9:45 p.m. through 10:30 p.m. on July 04, 2022.

    Dated: June 23, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-14005 Filed 6-29-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Notices]
[Page 20843]
[DOCID:fr26ap07-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-449-000]

Kinder Morgan Louisiana Pipeline LLC; Notice of Availability of
the Final Environmental Impact Statement for the Proposed Kinder Morgan
Louisiana Pipeline Project

April 20, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final Environmental Impact Statement (EIS)
on the natural gas pipeline facilities proposed by Kinder Morgan
Louisiana Pipeline LLC (KMLP) in the above-referenced docket.
    The final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act. The staff concludes that approval of
the proposed Project with the appropriate mitigating measures as
recommended, would have limited adverse environmental impact. The final
EIS also evaluates alternatives to the proposal, including system
alternatives, major route alternatives, and route variations.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following facilities:
     Leg 1--132.2 miles of 42-inch-diameter pipeline beginning
within the Sabine Pass Liquefied Natural Gas (LNG) Terminal in Cameron
Parish and extending northward and easterly through Calcasieu,
Jefferson Davis, and Acadia Parishes until it connects with an existing
Columbia Gulf Transmission interstate pipeline in Evangeline Parish,
Louisiana.
     Leg 2--1.2 miles of 36-inch-diameter pipeline beginning
within the Sabine Pass LNG Terminal and extending to a point of
interconnection with the existing Natural Gas Pipeline Company of
America pipeline just south of State Highway 82 in Cameron Parish,
Louisiana.
     The Florida Gas Transmission (FGT) Lateral--2.3 miles of
24-inch-diameter pipeline extending eastwardly from Leg 1 at
approximately milepost 110.60 until it connects with the existing FGT
Company's Compressor Station No. 7 near the town of Williams in Acadia
Parish, Louisiana.
     Associated mainline block valves, metering, tie-in, and
pigging facilities.
    The purpose of the proposed facilities is to deliver at least
3,395,000 decatherms (Dth) per day of regasified natural gas from the
Sabine Pass LNG Terminal into the national pipeline and underground
storage grid.
    The final EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Copies the final EIS have been mailed to Federal, State, and local
agencies, public interest groups, individuals who have requested the
final EIS, newspapers, and parties to this proceeding.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the ``Documents

and Filings'' tab, click on the ``eLibrary link,'' and select ``General
Search.'' Enter the project docket number excluding the last three
digits (i.e., CP06-449) in the ``Docket Number'' field. Be sure you
have selected an appropriate date range. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY, contact<PHONE_NUMBER>. The eLibrary link
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/docs-filing/esubscription.asp
.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7982 Filed 4-25-07; 8:45 am]

BILLING CODE 6717-01-P