commenters asserted that the EPA must establish an attainment plan
prior to regulating existing sources. The commenters urged that to
regulate existing sources, the EPA must make a determination that
regulation is needed to attain the NAAQS and develop an attainment plan
for the nonattainment areas in which the sources are located, and only
for the relevant nonattainment pollutants. Other commenters stated that
the EPA must evaluate the need for any regulation of existing minor
sources in each tribal area on a case-by-case basis.
3. The EPA's Approach in This Proposed Action on Existing Oil and
Natural Gas Minor Sources in Indian Country
    While the focus of the minor source permitting program is on new
and modified oil and natural gas sources, the EPA believes that
managing emissions from existing oil and natural gas sources in some
areas of Indian country also may be important. This is because of the
significant existing activity associated with the oil and natural gas
sector in some areas of Indian country and the resultant need to
protect public health and the environment from those emissions.
Addressing existing sources through a FIP could be especially useful in
areas of Indian country for which surrounding state requirements apply
to existing oil and natural gas sources located on lands that are
within a state's jurisdiction. In doing so, EPA would consider tribes'
views and interests, including any interest in promoting economic
development.
    While EPA believes that it has the necessary authority to
promulgate a FIP regulating existing sources, in this action, we are
proposing a FIP that only applies to new and modified true minor
sources in the production segment of the oil and natural gas sector.
This proposed FIP for new and modified true minor sources in the oil
and natural gas production segment locating or located in Indian
reservations (and other areas of Indian country over which an Indian
tribe, or the EPA, has demonstrated that the tribe has jurisdiction)
would apply to all such areas designated attainment, unclassifiable, or
attainment/unclassifiable. It would not apply to any areas designated
nonattainment. The Federal Indian Country Minor NSR rule allows us to
manage minor source emission increases in Indian country and to ensure
that new emissions do not cause or contribute to a NAAQS or PSD
increment violation. We are concerned that the rapid growth of the oil
and natural gas production segment in combination with existing
exploration and production activities, could result, or in some cases
already has resulted, in adverse air quality impacts, especially in
light of the approximately 6,300 existing true minor source
registrations received in the EPA Region 8 Office for facilities in the
oil and natural gas sector.\42\ However, we believe that the most
appropriate means for addressing impacts from existing sources is
through area- or reservation-specific FIPs and not through this
proposed, national FIP. If we determine that it is ``necessary or
appropriate'' to exercise our discretionary authority under sections
301(a) and 301(d)(4) of the CAA and 40 CFR 49.11(a) of our implementing
regulations, we will publish a proposed area- or reservation-specific
FIP that provides an opportunity for full public review and comment. At
a minimum, the EPA or tribes will need to develop area-specific plans
if and when areas of Indian country become nonattainment for ozone or
other NAAQS pollutants. At that time, any such area that has oil and
natural gas minor source activity may require additional controls on
existing (and new and modified) sources in order to achieve attainment
of the NAAQS. One source of information for control options will be the
EPA's CTGs for oil and natural gas activity that the EPA has made
available for comment and will finalize in 2016.\43\
---------------------------------------------------------------------------

    \42\ In the Federal Indian Country Minor NSR rule, EPA
established a registration program that required owners and
operators of existing true minor sources to file a one-time
registration with the appropriate Reviewing Authority by March 1,
2013. The EPA's Region 8 Office has received about 6,300
registrations from true minor sources in the oil and natural gas
sector. This far exceeded the amount received from sources in any
other category.
    \43\ For more information, go to: http://www.epa.gov/airquality/oilandgas/actions.html.
---------------------------------------------------------------------------

    We believe that existing sources are best addressed through
tailored, federal or tribal air quality plans because each basin
producing oil and/or natural gas possesses different geological and
meteorological characteristics and, thus, what primary fossil fuel
resource is extracted can be very different in quality and type and the
impacts from emissions associated with extraction activities can vary
widely. For example, the predominant resource extracted from the Bakken
Pool \44\ is a light, volatile oil, while the primary resource
extracted from the Uintah Basin is a heavy, thick oil. Each of these
types, in many cases, call for different sets of control requirements
that are best addressed through tailored plans versus a national FIP.
---------------------------------------------------------------------------

    \44\ Bakken Pool means oil produced from the Bakken, Three
Forks, and Sanish formations.
---------------------------------------------------------------------------

    We believe that through tailored plans a number of cost-effective
emission reduction measures could be applied to existing emission units
to balance new growth by mitigating the potential for adverse air
quality impacts from overall increases in emissions. A number of state
air pollution control agencies already regulate some existing emissions
from this segment.\45\ For example, in February 2014, Colorado adopted
additional regulations for oil and natural gas production operations
that include such requirements as expanding nonattainment area
pneumatic controller requirements statewide and reducing venting and
flaring of gas streams at well sites, among other control
strategies.\46\ In addition, these regulations determined leak
detection and repair monitoring to be cost effective at oil and natural
gas production facilities. Some technologies may even provide the
industry with cost savings due to recovered product. For example, the
EPA's Natural Gas Star

program estimates that adding a vapor recovery unit to a storage tank
could pay for itself in 3 to 37 months, and thereafter result in cost
savings.\47\
---------------------------------------------------------------------------

    \45\ See, e.g., L. Gribovicz, WRAP, ``Analysis of States' and
EPA Oil and Gas Air Emissions Control Requirements for Oil and Gas
Emissions Control Requirements for Selected Basins in the Western
United States (2013 Update),'' Nov. 8, 2013, available at http://www.wrapair2.org/pdf/2013-11x_O&G%20Analysis%20(master%20w%20State%20Changes%2011-08).pdf.
    \46\ See Colorado Dept. of Public Health and Environment, Air
Quality Control Commission Web site at http://www.colorado.gov/cs/Satellite/CDPHE-AQCC/CBON/1251647985820.
    \47\ See ``Lessons Learned from Natural Gas STAR Partners;
Installing Vapor Recovery Units on Storage Tanks,'' available at
http://epa.gov/gasstar/documents/ll_final_vap.pdf on the EPA's
Natural Gas Star Web site: http://epa.gov/gasstar/index.html.
---------------------------------------------------------------------------

D. Why is the EPA extending the permitting deadline for oil and natural
gas true minor sources in areas covered by the Federal Indian Country
Minor NSR rule?

    The EPA is proposing to extend the deadline to allow us sufficient
time to develop an approach for permitting new and modified true minor
oil and natural gas production sources in areas covered by the Federal
Indian Country Minor NSR rule that is consistent and coordinated with
the EPA's overall approach to addressing emissions from this sector.
Specifically, we have needed additional time to coordinate with the
larger EPA effort to regulate methane and VOCs from the oil and natural
gas sector. On January 14, 2015, as part of the Obama administration's
methane strategy, the EPA outlined a series of steps it plans to take
to address methane and smog-forming VOC emissions from the oil and gas
industry, in order to ensure continued, safe and responsible growth in
U.S. oil and natural gas production.\48\ This commonsense strategy will
reduce methane pollution from new sources in this rapidly growing
industry, reduce ozone-forming pollutants from existing sources in
areas that do not meet federal ozone health standards, and build on
work that states and industry are doing to address emissions from
existing sources elsewhere.
---------------------------------------------------------------------------

    \48\ For more information, go to: http://www.epa.gov/airquality/oilandgas/pdfs/20150114fs.pdf.
---------------------------------------------------------------------------

    We intend to ensure the approach that we use to permit true minor
oil and natural gas sources in areas covered by the Federal Indian
Country Minor NSR rule reflects the EPA technical expertise gained
through the work that has and will be done to understand feasible
control opportunities in the oil and natural gas sector. In particular,
we are drawing on the knowledge gained through the development of the
technical white papers released on April 15, 2014, that address
emerging data on VOCs and methane emissions from certain sources in the
oil and natural gas sector, as well as techniques for mitigating those
emissions.\49\ The white papers, and the comments we received on them,
are helping us better understand the sector, including sources located
in Indian country. We are also considering in this action the comments
provided in response to the ANPR (79 FR 32502, June 5, 2014) in which
we sought feedback on the most effective and efficient means of
implementing the Federal Minor NSR Program in Indian Country for
sources in the oil and natural gas production segment of the oil and
natural gas sector.
---------------------------------------------------------------------------

    \49\ The white papers can be found at: http://www.epa.gov/airquality/oilandgas.
---------------------------------------------------------------------------

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and
was, therefore, not submitted to the Office of Management and Budget
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0003. This action merely proposes to establish a
FIP which serves as a mechanism for true minor sources in the
production segment of the oil and natural gas sector locating or
located in areas covered by the Federal Indian Country Minor NSR rule
to satisfy the requirements of the Federal Indian Country Minor NSR
rule in lieu of obtaining a site-specific minor source permit. Because
it is intended as a substitute for a site-specific permit which would
contain information collection activities in the Information Collection
Request for Federal Indian Country Minor NSR rule issued in July 2011,
it would not impose any new obligations or enforceable duties on any
state, local or tribal government or the private sector. In addition,
the information collection activities contained in the 6 rules proposed
to be part of the proposed FIP have also been previously approved by
OMB.\50\
---------------------------------------------------------------------------

    \50\ 40 CFR part 60, subpart Kb: Standards of Performance for
Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid
Storage Vessels) for Which Construction, Reconstruction, or
Modification Commenced After July 23, 1984 (OMB Control No. 2060-
0074); 40 CFR part 60, subpart IIII: Standards of Performance for
Stationary Compression Ignition Internal Combustion Engines (OMB
Control No. 2060-0590); 40 CFR part 60, subpart JJJJ: Standards of
Performance for Stationary Spark Ignition Internal Combustion
Engines (OMB Control No. 2060-0610); 40 CFR part 60, subpart OOOO:
Standards of Performance for Crude Oil and Natural Gas Production,
Transmission and Distribution (OMB Control No. 2060-0673); 40 CFR
part 63, subpart DDDDD: National Emission Standards for Hazardous
Air Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters (OMB Control No. 2060-
0616) and 40 CFR part 63, subpart HH: National Emission Standards
for Hazardous Air Pollutants from Oil and Natural Gas Production
Facilities (OMB Control No. 2060-0417).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The EPA analyzed the impact of
streamlined permitting on small entities in the Federal Indian Country
Minor NSR rule (76 FR 38748, July 1, 2011). The EPA determined that
that action would not have a significant economic impact on a
substantial number of small entities. This proposed action merely
implements a particular aspect of the Federal Indian Country Minor NSR
rule. We have, therefore, concluded that this action will have no net
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate, as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. It simply provides
one option for sources to comply with the Federal Indian Country Minor
NSR rule. The Federal Indian Country Minor NSR rule itself imposes the
obligation that true minor sources in areas covered by the Federal
Indian Country Minor NSR rule obtain a minor source NSR permit and not
this proposed FIP. This proposed FIP merely provides a vehicle for
meeting that obligation.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It would not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The EPA has conducted
outreach on this rule via on-going monthly meetings with tribal
environmental professionals in the development of this proposed action.
This action reflects tribal comments on and priorities for developing
an approach for permitting true minor sources in the production segment
of the oil and natural gas sector in areas covered by the Federal
Indian Country Minor NSR rule. The EPA offered consultation on the ANPR
to elected tribal officials and the following tribes requested a
consultation, which was held on July 18, 2014, with the tribes and/or
their representatives: MHA (Mandan, Hidatsa and Arikara) Nations (Three
Affiliated Tribes), Ute Tribe of the Uintah and Ouray Reservation, and
Crow Nation.
    At the consultation, the tribes present expressed a number of
concerns regarding federal regulation of oil and natural gas activity
in Indian country. Three main themes were expressed. First, the tribes
expressed the concern that many areas of Indian country are facing
difficult economic circumstances and are in need of economic
development to improve the quality of life of tribal members; revenue
from oil and natural gas activity in many areas provides that economic
development. Second, in Indian country they indicated that oil and
natural gas activity is already regulated by the federal government and
that the EPA does not need to add to the burden. They expressed a wish
to be able to manage their own resources without undue interference
from the federal government. Finally, the tribes also expressed a need
for greater resources so that they can implement their own
environmental programs as they determine in their own lands.
    We believe that the FIP is directly responsive to the first two
issues in that, for attainment and related areas, we are proposing a
FIP to fulfill our CAA responsibilities to protect air quality in
Indian country in a manner that: (1) Does not create an uneven playing
field with respect to federal requirements in adjacent states where oil
and natural gas sources face the same EPA requirements; and (2)
minimizes the processing burden on oil and natural gas sources. We will
continue to provide outreach to tribal environmental professionals and
offer to consult with tribal leadership on this proposed action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order (EO) 13045 because it
is not economically significant as defined in EO 12866, and because the
EPA does not believe the environmental health or safety risks addressed
by this action present a disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This proposed rule implements certain
aspects of the Federal Indian Country Minor NSR rule.
    Our primary goal in developing this program is to ensure that air
resources in areas covered by the Federal Indian Country Minor NSR rule
will be protected in the manner intended by the CAA. This action will
help ensure air quality protection in areas covered by the Federal
Indian Country Minor NSR rule, by including in a FIP a comprehensive
set of control requirements for new and modified true minor source in
the production segment of the oil and natural gas sector. In addition,
through this proposed FIP, we seek to establish a mechanism that
provides an effective and efficient method for implementing a
preconstruction permitting program for true minor sources in areas
covered by the Federal Indian Country Minor NSR rule that enables a
streamlined process, which helps promote economic development by
minimizing delays in new construction; and provides a process
comparable to those programs operated outside of Indian county, which
helps tribes compete for new oil and natural gas production in areas
covered by the Federal Indian Country Minor NSR rule..

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practices and procedures,
Air pollution control, Incorporation by reference, Indians, Indians-
law, Indians-tribal government, Intergovernmental relations, Reporting
and recordkeeping requirements.

    Dated: August 18, 2015.
Gina McCarthy,
Administrator.
    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 49 as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

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

0
2. Subpart C of part 49 is amended by adding a new undesignated center
heading and Sec. Sec.  49.101 to 49.105 to read as follows:

Federal Implementation Plans for Tribes

Sec.
49.101 Introduction.
49.102 Definitions.
49.103 Delegation of authority of administration to Indian tribes.
49.104 Requirements regarding threatened or endangered species and
historic properties.
49.105 Requirements.

Federal Implementation Plans for Tribes

Sec.  49.101  Introduction.

    What is the purpose of Sec. Sec.  49.101 through 49.105? (a)
Sections 49.101 through 49.105 adopt legally and practicably
enforceable requirements to control and reduce emissions of volatile
organic compounds, nitrogen oxides, sulfur dioxide, particulate matter
(PM, PM10, PM2.5), hydrogen sulfide, carbon
monoxide and various sulfur compounds from oil and natural gas
production segment operations.
    (b) Am I subject to Sec. Sec.  49.101 through 49.105? You are
subject to the requirement if you meet the following criteria:
    (1) Owners and operators of new true minor oil and natural gas
sources or minor modifications at existing true minor oil and natural
gas sources as determined pursuant to 40 CFR 49.153(a) that meet the
criteria specified in paragraphs (b)(1)(i) through (b)(1)(v)

of this section, shall comply with the requirements of Sec. Sec.
49.104 and 49.105, unless the owner or operator obtains a site-specific
permit as specified in paragraph (b)(2) or (b)(3) of this paragraph.
    (i) The facility is an oil and natural gas production facility as
defined in Sec.  49.102;
    (ii) The oil and natural gas production facility is located in
Indian country as defined in Sec.  49.102;
    (iii) The oil and natural gas production facility is a new true
minor source or minor modification of an existing true minor source as
determined under Sec.  49.153;
    (iv) The oil and natural gas production facility begins
construction or modification on or after October 3, 2016; and
    (v) The oil and natural gas production facility is not located in a
designated nonattainment area.
    (2) Owners and operators of facilities that meet the criteria
specified in paragraphs (b)(1) of this section that choose to obtain a
site-specific permit as specified in 40 CFR 49.155 before beginning
construction are not required to comply with the requirements of
Sec. Sec.  49.101 to 49.105.
    (3) Owners and operators of facilities that meet the criteria
specified in paragraph (b)(1) of this section that the Reviewing
Authority requires to obtain a site-specific permit to ensure
protection of the NAAQS as specified in 40 CFR 49.155 before beginning
construction are not required to comply with Sec. Sec.  49.101 to
49.105.
    (c) When must I comply with Sec. Sec.  49.101 through 49.105?
Compliance with Sec. Sec.  49.101 through 49.101 is required on or
after October 3, 2016.

Sec.  49.102  Definitions.

    As used in Sec. Sec.  49.101 through 49.105, all terms not defined
herein shall have the meaning given them in the Clean Air Act, in
subpart A, and subpart OOOOa of 40 CFR part 60, in the Prevention of
Significant Deterioration regulations at 40 CFR 52.21, or in the
Federal Minor NSR Program in Indian Country at 40 CFR 49.152. The
following terms shall have the specific meanings given them:
    Oil and natural gas production facility means a minor stationary
source engaged in the extraction and production of oil and natural gas,
as well as the processing, transmission and distribution of natural
gas, including the wells and all related processes used in the
extraction, production, recovery, lifting, stabilization, and
separation or treatment of oil and/or natural gas (including
condensate). Oil and natural gas production components may include, but
are not limited to: wells and related casing head; tubing head and
``Christmas tree'' piping; pumps; compressors; heater treaters;
separators; storage vessels; pneumatic devices; natural gas
dehydrators; well drilling, completion and workover processes and
portable non-self-propelled apparatuses associated with those
operations; and low to medium pressure, smaller diameter, gathering
pipelines and related components that collect and transport the oil,
natural gas and other materials and wastes from the wells or well pads.
    Oil and natural gas well means a single well that extracts
subsurface reservoir fluids containing a mixture of oil, natural gas,
and water.
    Owner or operator means any person who owns, leases, operates,
controls, or supervises an oil and natural gas production facility.
    Regional Administrator means the Regional Administrator of an EPA
Region or an authorized representative of the Regional Administrator.

Sec.  49.103  Delegation of authority of administration to Indian
tribes.

    (a) What is the purpose of this section? The purpose of this
section is to establish the process by which a Regional Administrator
may delegate to a federally-recognized tribe the authority to assist
the EPA with administration of this Federal Implementation Plan
(Sec. Sec.  49.101-49.105). This section provides for administrative
delegation and does not affect the eligibility criteria under 40 CFR
49.6 for treatment in the same manner as a state or a tribe's ability
to obtain approval of a tribal implementation plan under 40 CFR 49.7.
    (b) How does a tribe request delegation? In order to be delegated
authority to assist us with administration of this FIP, the authorized
representative of a federally-recognized tribe must submit a request to
a Regional
    Administrator that:
    (1) Identifies the specific provisions for which delegation is
requested;
    (2) Identifies the Indian Reservation or other areas of Indian
country for which delegation is requested;
    (3) Includes a statement by the applicant's legal counsel (or
equivalent official) that includes the following information:
    (i) A statement that the applicant is a tribe recognized by the
Secretary of the Interior;
    (ii) A descriptive statement that is consistent with the type of
information described in Sec.  49.7(a)(2) demonstrating that the
applicant is currently carrying out substantial governmental duties and
powers over a defined area;
    (iii) A description of the laws of the tribe that provide adequate
authority to administer the Federal rules and provisions for which
delegation is requested; and
    (iv) A demonstration that the tribal agency has the technical
capability and adequate resources to administer the FIP provisions for
which the delegation is requested.
    (c) How is the delegation of administrative authority accomplished?
(1) A Delegation of Authority Agreement will set forth the terms and
conditions of the administrative delegation, will specify the rule and
provisions that the tribe shall be authorized to implement on behalf of
the EPA, and shall be entered into by the Regional Administrator and
the tribe. The Agreement will become effective upon the date that both
the Regional Administrator and the authorized representative of the
tribe have signed the Agreement. Once the delegation becomes effective,
the tribe will be responsible, to the extent specified in the
Agreement, for assisting us with administration of this FIP and shall
act as the Regional Administrator as that term is used in these
regulations. Any Delegation of Authority Agreement will clarify the
circumstances in which the term ``Regional Administrator'' found
throughout this FIP is to refer only to the EPA Regional Administrator
and when it is intended instead to refer to the EPA Regional
Administrator or a federally-recognized tribe.
    (2) A Delegation of Authority Agreement may be modified, amended,
or revoked, in part or in whole, by the Regional Administrator after
consultation with a tribe.
    (d) How will any Delegation of Authority Agreement be publicized?
The Regional Administrator shall publish a notice in the Federal
Register informing the public of any Delegation of Authority Agreement
with a tribe to assist us with administration of all or a portion of
this FIP and will identify such delegation in the Code of Federal
Regulations. The Regional Administrator shall also publish an
announcement of the Delegation of Authority Agreement in local
newspapers.

Sec.  49.104  Requirements regarding threatened or endangered species
and historic properties.

    (a) What are sources required to do to address threatened or
endangered species and historic properties? An owner/operator required
to meet the

requirements contained in Sec. Sec.  49.101 through 49.105 to satisfy
its obligation under Sec.  49.151(c)(1)(iii)(B) shall meet paragraph
(a)(1) or (2) of this section.
    (1) The owner/operator shall submit to the EPA Regional Office (and
to the tribe where the source is located/locating) documentation
demonstrating that prior Endangered Species Act (ESA) and/or National
Historic Preservation Act (NHPA) compliance has been completed by
another federal agency in connection with the specific oil and natural
gas activity operated under this FIP. The owner/operator must be in
compliance with all measures required as part of that prior ESA and/or
NHPA process.
    (2) The owner/operator shall submit to the EPA Regional Office (and
to the tribe where the source is located/locating) documentation
demonstrating that it has completed the screening procedures specified
for consideration of threatened and endangered species and/or historic
properties and receive written confirmation from the EPA stating that
it has satisfactorily completed these procedures. The procedures
document, ``Procedures to Address Threatened and Endangered Species and
Historic Properties for New or Modified True Minor Oil and Natural Gas
Production Sources in Indian Country Complying with the Oil and Natural
Gas Minor Source Federal Implementation Plan,'' August 13, 2015,
Version 1.0, is incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To view or download the document, go to http://www.epa.gov/air/tribal/pdfs/procedures_for_esa_and_nhpa_for_ong_sources_8-13-15.pdf.

Sec.  49.105  Requirements.

    (a) For true minor sources that are subject to 40 CFR part 63,
subpart DDDDD (National Emission Standards for Hazardous Air Pollutants
for Major Sources: Industrial, Commercial, and Institutional Boilers
and Process Heaters), for purposes of this FIP, sources must comply
with all of the applicable provisions of the standard as written at the
time construction or reconstruction of the source is begun.
    (b) For true minor sources that are subject to 40 CFR part 60,
subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines, for purposes of this FIP, sources
must comply with all of the applicable provisions of the standard as
written at the time construction or reconstruction of the source is
begun, except for the following:
    (1) Sec.  60.4200(a)(1)--Am I subject to this subpart? (applies to
manufacturers);
    (2) Sec.  60.4200(b)--Not applicable to stationary spark ignition
internal combustion engines being tested at an engine test cell/stand;
    (3) Sec.  60.4200(c)--Am I subject to this subpart? (area sources
and exemptions from Title V permits);
    (4) Sec.  60.4201--What emission standards must I meet for non-
emergency engines if I am a stationary compression ignition internal
combustion engine manufacturer?;
    (5) Sec.  60.4202--What emission standards must I meet for
emergency engines if I am a stationary compression ignition internal
combustion engine manufacturer?;
    (6) Sec.  60.4203--How long must my engines meet the emission
standards if I am a manufacturer of stationary compression ignition
internal combustion engines?;
    (7) Sec.  60.4210--What are my compliance requirements if I am a
stationary compression ignition internal combustion engine
manufacturer?; and
    (8) Sec.  60.4215--What requirements must I meet for engines used
in Guam, American Samoa, or the Commonwealth of the Northern Mariana
Islands?
    (c) For true minor sources that are subject to 40 CFR part 60,
subpart JJJJ--Standards of Performance for Stationary Spark Ignition
Internal Combustion Engines, for purposes of this FIP, sources must
comply with all of the applicable provisions of the standard as written
at the time construction or reconstruction of the source is begun,
except for the following:
    (1) Sec.  60.4230(b)--Not applicable to stationary spark ignition
internal combustion engines being tested at an engine test cell/stand;
    (2) Sec.  60.4230(c)--Exemption for obtaining a Title V permit if
owner or operator of an area source subject to this part;
    (3) Sec.  60.4231 and Sec.  60.4232--Emission standards for
manufacturers;
    (4) Sec.  60.4238 through Sec.  60.4242--Compliance Requirements
for Manufacturers; and
    (5) Sec.  60.4247--Mobile source provisions that apply to
manufacturers of stationary spark ignition internal combustion engines
or equipment containing such engines.
    (d) For true minor sources that are subject to 40 CFR part 60,
subpart Kb--Standards of Performance for Volatile Organic Liquid
Storage Vessels, for purposes of this FIP, sources must comply with all
of the applicable provisions of the standard as written at the time
construction or reconstruction of the source is begun, except for the
following:
    (1) Sec.  60.112b(c)--Site-specific standard for Merck & Co.,
Inc.'s Stonewall Plant in Elkton, Virginia; and
    (2) Sec.  60.117b(a) and (b)--Delegation of authority.
    (e) For true minor sources that are subject to subpart OOOOa,
Emission Standards for New and Modified Sources in the Oil and Natural
Gas Sector, for purposes of this FIP, sources must comply with all of
the provisions of the standard as written at the time construction or
reconstruction of the source is begun, except for the following:
    (1) Sec.  60.5365a(f)(3)--Equipment exemption at processing plant;
    (2) Sec.  60.5365a(h)(4)--Existing sources constructed after August
23, 2011;
    (3) Sec.  60.5370a(c)--Permit exemption;
    (4) Sec.  60.5413a(a)(5)--Exemptions from performance testing--
hazardous waste incinerator;
    (5) Sec.  60.5420a(a)(2)(i)--Advance notification requirements for
well completions; and
    (6) Sec.  60.5420a(a)(2)(ii)--Advance notification requirements of
well completions when subject to state regulation that requires advance
notification.
    (f) For true minor sources that are subject to 40 CFR part 63,
subpart HH--National Emission Standards for Hazardous Air Pollutants
from Oil and Natural Gas Production Facilities, for purposes of this
FIP, sources must comply with all of the applicable provisions of the
standard as written at the time construction or reconstruction of the
source is begun, except for the following:
    (1) Sec.  63.760(a)(2)--Facilities that process, upgrade or store
hydrocarbon liquids;
    (2) Sec.  63.760(b)(1)(ii)--Each storage vessel with the potential
for flash emissions;
    (3) Sec.  63.760(b)(1)(iii)--Equipment located at natural gas
processing plants;
    (4) Sec.  63.760(g)--Recordkeeping for major sources that overlap
with other regulations for equipment leaks;
    (5) Sec.  63.764(c)(2)--(3)--Requirements for compliance with
standards for storage vessels and equipment at natural gas processing
plants, respectively;
    (6) Sec.  63.766 Storage vessel standards; and
    (7) Sec.  63.769 Equipment leak standards.
0
3. Section 49.151 is amended by revising paragraphs (b)(1),
(c)(1)(iii)(A) and (B), and (d)(1), (2) and (4) to read as follows:

Sec.  49.151  Program overview.

* * * * *

    (b) * * *
    (1) It satisfies the requirements of section110(a)(2)(C) of the Act
by establishing a preconstruction permitting program for all new and
modified minor sources (minor sources) and minor modifications at major
sources located in Indian country and by establishing a Federal
Implementation Plan (Sec. Sec.  49.101 to 49.105) for oil and natural
gas production true minor sources located in Indian country.
* * * * *
    (c) * * *
    (1) * * *
    (iii) * * *
    (A) If you own or operate an existing true minor source in Indian
country (as defined in Sec.  49.152(d)), you must register your source
with the Reviewing Authority in your area by March 1, 2013. If your
true minor source is not an oil and natural gas source, as defined in
Sec.  49.102, and you commence construction after August 30, 2011, and
before September 2, 2014, you must also register your source with the
Reviewing Authority in your area within 90 days after the source begins
operation. If your true minor source is an oil and natural gas source,
as defined in Sec.  49.102, and you commence construction after August
30, 2011, and before October 3, 2016, you must register your source
with the Reviewing Authority in your area within 90 days after the
source begins operation. You are exempt from these registration
requirements if your true minor source is subject to Sec.  49.138.
    (B) If your true minor source is not an oil and natural gas source,
as defined in Sec.  49.102, and you wish to begin construction of a new
true minor source or a minor modification at an existing true minor
source on or after September 2, 2014, you must first obtain a permit
pursuant to Sec. Sec.  49.154 and 49.155 (or a general permit/permit by
rule pursuant to Sec.  49.156, if applicable). If your true minor
source is an oil and natural gas source, as defined in Sec.  49.102,
and you wish to begin construction of a new true minor source or a
minor modification at an existing true minor source on or after October
3, 2016, you must either comply with the Federal Implementation Plan
for oil and natural gas production sources located in Indian country
(Sec. Sec.  49.101 to 49.105) from the day you begin construction or
opt out of those requirements pursuant to Sec.  49.101(b)(2) and obtain
a minor source permit pursuant to Sec. Sec.  49.154 and 49.155 before
beginning construction. Alternatively you may be required by the EPA,
pursuant to Sec.  49.101(b)(3), to obtain a minor source permit
pursuant to Sec. Sec.  49.154 and 49.155 before beginning construction.
All proposed new sources or modifications are also subject to the
registration requirements of Sec.  49.160, except for sources that are
subject to Sec.  49.138.
* * * * *
    (d) * * *
    (1) If you begin construction of a new source or modification that
is subject to this program after the applicable date specified in
paragraph (c) of this section without applying for and receiving a
permit pursuant to this program or complying with the Federal
Implementation Plan at Sec. Sec.  49.101 to 49.105 for oil and natural
gas production, you will be subject to appropriate enforcement action.
    (2) If you do not construct or operate your source or modification
in accordance with the terms of your minor NSR permit or the Federal
Implementation Plan for oil and natural gas production at Sec. Sec.
49.101 to 49.105, you will be subject to appropriate enforcement
action.
    (3) * * *
    (4) Issuance of a permit or compliance with the Federal
Implementation Plan for oil and natural gas production at Sec. Sec.
49.101 to 49.105 does not relieve you of the responsibility to comply
fully with applicable provisions of any EPA-approved implementation
plan or Federal Implementation Plan or any other requirements under
applicable law.
* * * * *
0
4. Section 49.152 is amended by revising the introductory text of
paragraph (d) and adding paragraph (4) to the definition of ``Indian
country'' to read as follows:

Sec.  49.152  Definitions.

* * * * *
    (d) * * *
    Indian country, as defined in 18 U.S.C. 1151, means the following
as applied to this program:
* * * * *
    (4) For purposes of this rule, references to Indian country include
all Indian reservation lands where no EPA-approved program is in place
and all other areas of Indian country where no EPA-approved program is
in place and over which an Indian tribe, or the EPA, has demonstrated
that a tribe has jurisdiction.
* * * * *
0
5. Section 49.153 is amended by revising paragraphs (a)(1)(i)(B) and
(a)(1)(ii)(B) to read as follows:

Sec.  49.153  Applicability.

* * * * *
    (a)* * *
    (1) * * *
    (i) * * *
    (B) Step 2. Determine whether your proposed source's potential to
emit for the pollutant that you are evaluating, (including fugitive
emissions, to the extent they are quantifiable, only if the source
belongs to one of the source categories listed pursuant to section
302(j) of the Act), is equal to or greater than the corresponding minor
NSR threshold in Table 1 of this section. If it is, you are subject to
the preconstruction requirements of this program for that pollutant,
except that oil and natural gas production sources shall instead comply
with the requirements of the Federal Implementation Plan at Sec. Sec.
49.101 to 49.105, unless you opt-out of the Federal Implementation Plan
pursuant to Sec.  49.101(b)(2) in which case you are subject to the
preconstruction requirements of this program for that pollutant or are
required by the EPA to obtain a minor source permit pursuant to Sec.
49.101(b)(3). If not, go to Step 3 (paragraph (a)(1)(ii)(C) of this
section).
    (ii) * * *
    (B) Step 2. Determine whether the increase in allowable emissions
from the proposed modification (calculated using the procedures of
paragraph (b) of this section) would be equal to or greater than the
minor NSR threshold in Table 1 of this section for the pollutant that
you are evaluating. If it is, you are subject to the preconstruction
requirements of this program for that pollutant, except oil and natural
gas production sources shall instead comply with the requirements of
the Federal Implementation Plan at Sec. Sec.  49.101 to 49.105, unless
you opt-out of the Federal Implementation Plan pursuant to Sec.
49.101(b)(2) in which case you are subject to the preconstruction
requirements of this program for that pollutant or are required by the
EPA to obtain a minor source permit pursuant to Sec.  49.101(b)(3). If
not, go to Step 3 (paragraph (a)(1)(ii)(C) of this section).
* * * * *
0
6. Section 49.160 is amended by revising paragraphs (c)(1)(ii) and
(iii), adding paragraph (c)(1)(iv) and revising paragraph (c)(4) to
read as follows:

Sec.  49.160  Registration program for minor sources in Indian country.

* * * * *
    (c) * * *
    (1) * * *
    (ii) If your true minor source is not an oil and natural gas
source, as defined in Sec.  49.102, and you commence construction after
August 30, 2011, and before September 2, 2014, you must

register your source with the Reviewing Authority within 90 days after
the source begins operation. If your new true minor source or minor
modification of an existing true minor source is an oil and natural gas
source, as defined in Sec.  49.102, and you commence construction after
August 30, 2011, and before October 3, 2016, you must register your
source with the Reviewing Authority within 90 days after the source
begins operation.
    (iii) If your true minor source is not an oil and natural gas
source, as defined in Sec.  49.102, and you commence construction or
modification of your source on or after September 2, 2014, and your
source is subject to this rule, you must report your source's actual
emissions (if available) as part of your permit application and your
permit application information will be used to fulfill the registration
requirements described in Sec.  49.160(c)(2). If your true minor source
is an oil and natural gas source, as defined in Sec.  49.102, and you
commence construction or modification of your source on or after
October 3, 2016, you must report your source's actual emissions (if
available) as part of your permit application or registration of oil
and natural gas production sources using a form provided by the EPA,
``Registration for New True Minor Oil and Natural Gas Sources and Minor
Modifications at Existing True Minor Oil and Natural Gas Sources''
(available at: http://www.epa.gov/air/tribal/tribalnsr.html or from EPA
Regional Offices), and your permit application or registration for oil
and natural gas production sources will be used to fulfill the
registration requirements described in Sec.  49.160(c)(2).
    (iv) Minor sources complying with Sec. Sec.  49.101 to 49.105 for
oil and natural gas production, as defined in Sec.  49.102, must submit
a registration form 30 days prior to beginning construction that
contains the information in Sec.  49.160(c)(2). The form titled
``Registration for New True Minor Oil and Natural Gas Sources and Minor
Modifications at Existing True Minor Oil and Natural Gas Sources'' is
available at: http://www.epa.gov/air/tribal/tribalnsr.html or from EPA
Regional Offices. This form is submitted instead of the application
form required in Sec.  49.160(c)(1)(iii).
* * * * *
    (4) Duty to obtain a permit or comply with the Federal
Implementation Plan for oil and natural gas production sources.
Submitting a registration form does not relieve you of the requirement
to obtain any required permit, including a preconstruction permit, or
to comply with the Federal Implementation Plan for oil and natural gas
production if your source or any physical or operational change at your
source would be subject to any minor or major NSR rule.
* * * * *
0
7. Section 49.167 is amended by revising the introductory text of
paragraph (d) and adding paragraph (d)(4) to read as follows:

Sec.  49.167  Definitions.

* * * * *
    (d) Indian country, as defined in 18 U.S.C. 1151, means the
following as applied to this program:
* * * * *
    (4) For purposes of this rule, references to Indian country include
all Indian reservation lands where no EPA-approved program is in place
and all other areas of Indian country where no EPA-approved program is
in place and over which an Indian tribe, or the EPA, has demonstrated
that a tribe has jurisdiction.
* * * * *
[FR Doc. 2015-21025 Filed 9-17-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19637-19641]
[FR Doc No: 2018-09412]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0315; FRL-9977-49-Region 4]

Air Plan Approval; Georgia; Regional Haze Plan and Prong 4
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the
portion of Georgia's July 26, 2017, State Implementation Plan (SIP)
submittal changing reliance from the Clean Air Interstate Rule (CAIR)
to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze
requirements. EPA is also converting the previous limited approval/
limited disapproval of Georgia's regional haze plan to a full approval
and is removing the Federal Implementation Plan (FIP) for Georgia which
replaced reliance on CAIR with reliance on CSAPR. Finally, EPA is
converting the conditional approvals to full approvals for the
visibility prong of Georgia's infrastructure SIP submittals for the
2012 Fine Particulate Matter (PM2.5), 2010 Nitrogen Dioxide
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 8-hour
Ozone National Ambient Air Quality Standards (NAAQS).

DATES: This rule will be effective June 4, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0315. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by telephone at (404) 562-
9031 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Regional Haze Plans and Their Relationship With CAIR and CSAPR

    Section 169A(b)(2)(A) of the Clean Air Act (CAA or Act) requires
states to submit regional haze plans that contain such measures as may
be necessary to make reasonable progress towards the natural visibility
goal, including a requirement that certain categories of existing major
stationary sources built between 1962 and 1977 procure, install, and
operate Best Available Retrofit Technology (BART) as determined by the
state. Under the Regional Haze Rule (RHR), states are directed to
conduct BART determinations for such ``BART-eligible'' sources that may
be anticipated to cause or contribute to any visibility impairment in a
Class I area. Rather than requiring source-specific BART controls,
states also have the flexibility to adopt an emissions trading program
or other alternative program as long as the alternative provides
greater reasonable progress towards improving visibility than BART. See
40 CFR 51.308(e)(2). EPA provided states with this flexibility in the
RHR, adopted in 1999, and further refined the criteria for assessing
whether an alternative program provides for greater reasonable progress
in two subsequent rulemakings. See 64 FR 35714 (July 1, 1999); 70 FR
39104 (July 6, 2005); 71 FR 60612 (October 13, 2006).
    EPA demonstrated that CAIR would achieve greater reasonable
progress than BART in revisions to the regional haze program made in
2005.\1\ See 70 FR 39104 (July 6, 2005). In those revisions, EPA
amended its regulations to provide that states participating in the
CAIR cap-and-trade programs pursuant to an EPA-approved CAIR SIP or
states that remain subject to a CAIR FIP need not require affected
BART-eligible electric generating units (EGUs) to install, operate, and
maintain BART for emissions of SO2 and nitrogen oxides
(NOX). As a result of EPA's determination that CAIR was
``better-than-BART,'' a number of states in the CAIR region, including
Georgia, relied on the CAIR cap-and-trade programs as an alternative to
BART for EGU emissions of SO2 and NOX in
designing their regional haze plans. These states also relied on CAIR
as an element of a long-term strategy (LTS) for achieving their
reasonable progress goals (RPGs) for their regional haze programs.
However, in 2008, the United States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA without vacatur
to preserve the environmental benefits provided by CAIR. North Carolina
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR
48208), acting on the D.C. Circuit's remand, EPA promulgated CSAPR to
replace CAIR and issued FIPs to implement the rule in CSAPR-subject
states.\2\ Implementation of CSAPR was scheduled to begin on January 1,
2012,

when CSAPR would have superseded the CAIR program.
---------------------------------------------------------------------------

    \1\ CAIR created regional cap-and-trade programs to reduce
SO2 and NOX emissions in 27 eastern states
(and the District of Columbia), including Georgia, that contributed
to downwind nonattainment or interfered with maintenance of the 1997
8-hour ozone NAAQS or the 1997 PM2.5 NAAQS.
    \2\ CSAPR requires 28 eastern states to limit their statewide
emissions of SO2 and/or NOX in order to
mitigate transported air pollution unlawfully impacting other
states' ability to attain or maintain four NAAQS: the 1997 ozone
NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR
emissions limitations are defined in terms of maximum statewide
``budgets'' for emissions of annual SO2, annual
NOX, and/or ozone-season NOX by each covered
state's large EGUs. The CSAPR state budgets are implemented in two
phases of generally increasing stringency, with the Phase 1 budgets
applying to emissions in 2015 and 2016 and the Phase 2 budgets
applying to emissions in 2017 and later years.
---------------------------------------------------------------------------

    Due to the D.C. Circuit's 2008 ruling that CAIR was ``fatally
flawed'' and its resulting status as a temporary measure following that
ruling, EPA could not fully approve regional haze plans to the extent
that they relied on CAIR to satisfy the BART requirement and the
requirement for a LTS sufficient to achieve the state-adopted RPGs. On
these grounds, EPA finalized a limited disapproval of Georgia's
regional haze plan on June 7, 2012 (77 FR 33642), and in the same
action, promulgated a FIP to replace reliance on CAIR with reliance on
CSAPR to address the deficiencies in Georgia's regional haze plan. EPA
finalized a limited approval of Georgia's regional haze plan on June
28, 2012 (77 FR 38501), as meeting the remaining applicable regional
haze requirements set forth in the CAA and the RHR.
    In the June 7, 2012, limited disapproval action, EPA also amended
the RHR to provide that participation by a state's EGUs in a CSAPR
trading program for a given pollutant--either a CSAPR federal trading
program implemented through a CSAPR FIP or an integrated CSAPR state
trading program implemented through an approved CSAPR SIP revision--
qualifies as a BART alternative for those EGUs for that pollutant. See
40 CFR 51.308(e)(4). Since EPA promulgated this amendment, numerous
states covered by CSAPR have come to rely on the provision through
either SIPs or FIPs.\3\
---------------------------------------------------------------------------

    \3\ EPA has promulgated FIPs relying on CSAPR participation for
BART purposes for Georgia, Indiana, Iowa, Kentucky, Michigan,
Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia,
and West Virginia, 77 FR at 33654, and Nebraska, 77 FR 40150, 40151
(July 6, 2012). EPA has approved SIPs from several states relying on
CSAPR participation for BART purposes. See, e.g., 82 FR 47393
(October 12, 2017) for Alabama; 77 FR 34801 (June 12, 2012) for
Minnesota; and 77 FR 46952 (August 7, 2012) for Wisconsin.
---------------------------------------------------------------------------

    Numerous parties filed petitions for review of CSAPR in the D.C.
Circuit, and on August 21, 2012, the court issued its ruling, vacating
and remanding CSAPR to EPA and ordering continued implementation of
CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir.
2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United
States Supreme Court on April 29, 2014, and the case was remanded to
the D.C. Circuit to resolve remaining issues in accordance with the
high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct.
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most
respects, but invalidated without vacating some of the CSAPR budgets as
to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d
118 (D.C. Cir. 2015). The remanded budgets include the Phase 2
SO2 emissions budgets for Alabama, Georgia, South Carolina,
and Texas and the Phase 2 ozone-season NOX budgets for 11
states. This litigation ultimately delayed implementation of CSAPR for
three years, from January 1, 2012, when CSAPR's cap-and-trade programs
were originally scheduled to replace the CAIR cap-and-trade programs,
to January 1, 2015. Thus, the rule's Phase 2 budgets that were
originally promulgated to begin on January 1, 2014, began on January 1,
2017.
    On September 29, 2017 (82 FR 45481), EPA issued a final rule
affirming the continued validity of the Agency's 2012 determination
that participation in CSAPR meets the RHR's criteria for an alternative
to the application of source-specific BART.\4\ EPA has determined that
changes to CSAPR's geographic scope resulting from the actions EPA has
taken or expects to take in response to the D.C. Circuit's budget
remand do not affect the continued validity of participation in CSAPR
as a BART alternative, because the changes in geographic scope would
not have adversely affected the results of the air quality modeling
analysis upon which the EPA based the 2012 determination. EPA's
September 29, 2017, determination was based, in part, on EPA's final
action approving a SIP revision from Alabama (81 FR 59869 (August 31,
2016)) adopting Phase 2 annual NOX and SO2
budgets equivalent to the federally-developed budgets and on SIP
revisions submitted by Georgia and South Carolina to also adopt Phase 2
annual NOX and SO2 budgets equivalent to the
federally-developed budgets.\5\ Since that time, EPA has approved the
SIP revisions from Georgia and South Carolina. See 82 FR 47930 (October
13, 2017) and 82 FR 47936 (October 13, 2017), respectively.
---------------------------------------------------------------------------

    \4\ Legal challenges to this rule are pending. Nat'l Parks
Conservation Ass'n v. EPA, No. 17-1253 (D.C. Cir. filed November 28,
2017).
    \5\ EPA proposed to approve the Georgia and South Carolina SIP
revisions adopting CSAPR budgets on August 16, 2017 (82 FR 38866),
and August 10, 2017 (82 FR 37389), respectively.
---------------------------------------------------------------------------

    A portion of Georgia's July 26, 2017, SIP submittal seeks to
correct the deficiencies identified in the June 7, 2012, limited
disapproval of its regional haze plan submitted on February 11, 2010,
and supplemented on November 19, 2010, by replacing reliance on CAIR
with reliance on CSAPR.\6\ Specifically, Georgia requests that EPA
amend the State's regional haze plan by replacing its reliance on CAIR
with CSAPR to satisfy SO2 and NOX BART
requirements and first implementation period SO2 reasonable
progress requirements for EGUs formerly subject to CAIR,\7\ and to
support the RPGs for the Class I areas in Georgia for the first
implementation period. EPA is approving the regional haze plan portion
of the SIP submittal and amending the SIP accordingly.
---------------------------------------------------------------------------

    \6\ On October 13, 2017, (82 FR 47930), EPA approved the
portions of the July 26, 2017, SIP submission incorporating into
Georgia's SIP the State's regulations requiring Georgia EGUs to
participate in CSAPR state trading programs for annual
NOX and SO2 emissions integrated with the
CSAPR federal trading programs and thus replacing the corresponding
FIP requirements. In the October 13, 2017, action, EPA did not take
any action regarding Georgia's request in this July 26, 2017, SIP
submission to revise the State's regional haze plan nor regarding
the prong 4 element of the 2008 8-hour ozone, 2010 1-hour
NO2, 2010 1-hour SO2, and 2012
PM2.5 NAAQS.
    \7\ In its regional haze plan, Georgia concluded and EPA found
acceptable the State's determination that no additional controls
beyond CAIR are reasonable for SO2 for affected Georgia
EGUs for the first implementation period, with the exception of five
EGUs at three facilities owned by Georgia Power. See 77 FR 11464
(February 27, 2012).
---------------------------------------------------------------------------

B. Infrastructure SIPs

    By statute, plans meeting the requirements of sections 110(a)(1)
and (2) of the CAA are to be submitted by states within three years (or
less, if the Administrator so prescribes) after promulgation of a new
or revised NAAQS to provide for the implementation, maintenance, and
enforcement of the new or revised NAAQS. EPA has historically referred
to these SIP submissions made for the purpose of satisfying the
requirements of sections 110(a)(1) and 110(a)(2) as ``infrastructure
SIP'' submissions. Sections 110(a)(1) and (2) require states to address
basic SIP elements such as for monitoring, basic program requirements,
and legal authority that are designed to assure attainment and
maintenance of the newly established or revised NAAQS. More
specifically, section 110(a)(1) provides the procedural and timing
requirements for infrastructure SIPs. Section 110(a)(2) lists specific
elements that states must meet for the infrastructure SIP requirements
related to a newly established or revised NAAQS. The contents of an
infrastructure SIP submission may vary depending upon the data and
analytical tools available to the state, as well as the provisions
already contained in the state's implementation plan at the time in
which the state develops and submits

the submission for a new or revised NAAQS.\8\
---------------------------------------------------------------------------

    \8\ For additional information regarding EPA's approach to the
review of infrastructure SIP submissions, see, e.g., 81 FR 57544
(August 23, 2016) (proposal to approve portions of Georgia's
infrastructure SIP for the 2012 PM2.5 NAAQS).
---------------------------------------------------------------------------

    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.
    A state can meet prong 4 requirements via confirmation in its
infrastructure SIP submission that the state has an approved regional
haze plan that fully meets the requirements of 40 CFR 51.308 or 51.309.
40 CFR 51.308 and 51.309 specifically require that a state
participating in a regional planning process include all measures
needed to achieve its apportionment of emission reduction obligations
agreed upon through that process. A fully approved regional haze plan
will ensure that emissions from sources under an air agency's
jurisdiction are not interfering with measures required to be included
in other air agencies' plans to protect visibility.
    Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25,
2013, 2010 1-hour NO2 submission; October 22, 2013, 2010 1-
hour SO2 submission as supplemented on July 25, 2014; and
December 14, 2015, 2012 annual PM2.5 submission rely on the
State having a fully approved regional haze plan to satisfy its prong 4
requirements. EPA is approving the regional haze plan portion of the
State's July 26, 2017, SIP revision and converting EPA's previous
action on Georgia's regional haze plan from a limited approval/limited
disapproval to a full approval because final approval of this portion
of the SIP revision would correct the deficiencies that led to EPA's
limited approval/limited disapproval of the State's regional haze plan.
Specifically, EPA's approval of this portion of Georgia's July 26,
2017, SIP revision would satisfy the SO2 and NOX
BART requirements and SO2 reasonable progress requirements
for EGUs formerly subject to CAIR and the requirement that a LTS
include measures as necessary to achieve the State-adopted RPGs.
Because a state may satisfy prong 4 requirements through a fully
approved regional haze plan, EPA is also converting the Agency's
September 26, 2016, conditional approvals to full approvals of the
prong 4 portion of Georgia's May 14, 2012, 2008 8-hour Ozone
submission; March 25, 2013, 2010 1-hour NO2 submission;
October 22, 2013, 2010 1-hour SO2 submission as supplemented
on July 25, 2014; and December 14, 2015, 2012 annual PM2.5
submission.
    In a notice of proposed rulemaking (NPRM) published on February 2,
2018 (83 FR 4886), EPA proposed to take the following actions: (1)
Approve the regional haze plan portion of Georgia's July 26, 2017, SIP
submission to change reliance from CAIR to CSAPR; (2) convert EPA's
limited approval/limited disapproval of Georgia's February 11, 2010,
regional haze plan as supplemented on November 19, 2010, to a full
approval; (3) remove EPA's FIP for Georgia which replaced reliance on
CAIR with reliance on CSAPR to address the deficiencies identified in
the limited disapproval of Georgia's regional haze plan; and (4)
convert EPA's September 26, 2016, conditional approvals to full
approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 8-hour
Ozone submission; March 25, 2013, 2010 1-hour NO2
submission; the State's October 22, 2013, 2010 1-hour SO2
submission as supplemented on July 25, 2014; and the State's December
14, 2015, 2012 annual PM2.5 submission. The details of
Georgia's submission and the rationale for EPA's actions are explained
in the NPRM. Comments on the proposed rulemaking were due on or before
March 5, 2018. EPA received no adverse comments on the proposed action.

II. Final Actions

    As described above, EPA is taking the following actions: (1)
Approving the regional haze plan portion of Georgia's July 26, 2017,
SIP submission to change reliance from CAIR to CSAPR; (2) converting
EPA's limited approval/limited disapproval of Georgia's February 11,
2010, regional haze plan as supplemented on November 19, 2010, to a
full approval; (3) removing EPA's FIP for Georgia which replaced
reliance on CAIR with reliance on CSAPR to address the deficiencies
identified in the limited disapproval of Georgia's regional haze plan;
and (4) converting EPA's September 26, 2016, conditional approvals to
full approvals of the prong 4 portion of Georgia's May 14, 2012, 2008
8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2
submission; the State's October 22, 2013, 2010 1-hour SO2
submission as supplemented on July 25, 2014; and the State's December
14, 2015, 2012 annual PM2.5 submission. All other applicable
infrastructure requirements for the infrastructure SIP submissions have
been or will be addressed in separate rulemakings.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or

safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by July 3, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: April 20, 2018.
 Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

Sec.  52.569  [Removed and Reserved]

0
2. Section 52.569 is removed and reserved.

0
3. Section 52.570(e) is amended by adding entries for ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour NO2
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010
1-hour SO2 NAAQS'', ``110(a)(1) and (2) Infrastructure
Requirements for the 2012 Annual PM2.5 NAAQS'', ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'',
and ``Regional Haze Plan Revision'' at the end of the table to read as
follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                               State
                                                             submittal
    Name of nonregulatory SIP     Applicable geographic or     date/      EPA approval date       Explanation
            provision                nonattainment area      effective
                                                                date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Georgia.................    3/25/2013  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2010 1-                                            [Insert Federal       only.
 hour NO2 NAAQS.                                                          Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................    7/25/2014  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2010 1-                                            [Insert Federal       only.
 hour SO2 NAAQS.                                                          Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................   12/14/2015  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2012                                               [Insert Federal       only.
 Annual PM2.5 NAAQS.                                                      Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................    5/14/2012  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2008 8-                                            [Insert Federal       only.
 hour Ozone NAAQS.                                                        Register citation].
Regional Haze Plan Revision.....  Georgia.................    7/26/2017  5/4/2018,..........  ..................
                                                                         [Insert Federal
                                                                          Register citation].
----------------------------------------------------------------------------------------------------------------

Sec.  52.580  [Removed and Reserved]

0
4. Section 52.580 is removed and reserved.

[FR Doc. 2018-09412 Filed 5-3-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Notices]
[Page 14525-14526]
[DOCID:fr22mr06-71]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0176; FRL-7767-4]

Issuance of Experimental Use Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted experimental use permits (EUPs) to the
following pesticide applicant. EUPs permit use of a pesticide for
experimental or research purposes only in accordance with the
limitations in the permits.

FOR FURTHER INFORMATION CONTACT: Phil Hutton, Biopesticides and
Pollution Prevention Division (7511C), Office of Pesticide Programs,
Environmental

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the information in this action,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0176. Publicly
available docket materials are available either electronically at
http://www.regulations.gov or in hard copy at the Public Information

and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. EUPs

    EPA has issued the following EUPs:
    82681-EUP-1. Issuance. Agricultural Research Initiatives (ARI)
Incorporated, 700 Research Center Blvd., Fayetteville, AR 72701. This
EUP allows the use of 414 pounds of the herbicide active ingredient
Colletotrichum gloeosporioides f.sp. aeschynomene on 5,000 acres of
rice to evaluate the control of northern joint vetch. The active
ingredient consists of viable microbial spores and fermentation medium
and comprises 45% by weight of the end product, LockDown. The program
is authorized only in the States of Arkansas, Louisiana, and
Mississippi. The EUP is effective from February 1, 2006 to February 1,
2007.
    82681-EUP-2 and 82681-EUP-3. Issuances. Agricultural Research
Initiatives (ARI) Incorporated, 700 Research Center Blvd.,
Fayetteville, AR 72701. Each EUP allows the use of 414 pounds of the
herbicide active ingredient Colletotrichum gloeosporioides f.sp.
aeschynomene on 5,000 acres of rice to evaluate the control of northern
joint vetch. For each of these EUPs, the active ingredient consists of
viable microbial spores and fermentation medium and comprises 40% by
weight of each end product, LockDown EF for 82681-EUP-2 and LockDown
Plus for 82681-EUP-3. The program is authorized only in the States of
Arkansas, Louisiana, and Mississippi. The EUPs are effective from
February 27, 2006 to February 27, 2007.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: March 13, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 06-2709 Filed 3-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Page 60428]
[FR Doc No: 2022-21645]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34720; 812-15366]

Constitution Capital Private Markets Fund, LLC and Constitution
Capital PM, LP

AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act and for an order pursuant to
section 17(d) of the Act and rule 17d-1 under the Act.

Summary of Application:  Applicants request an order to permit certain
registered closed-end investment companies to issue multiple classes of
shares of beneficial interest with varying sales loads and to impose
asset-based distribution and/or service fees.

Applicants:  Constitution Capital Private Markets Fund, LLC (the
``Initial Fund''), and Constitution Capital PM, LP (the ``Adviser'').

Filing Dates:  The application was filed on July 12, 2022, and amended
on September 19, 2022.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on October
25, 2022, and should be accompanied by proof of service on the
Applicants, in the form of an affidavit, or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Joshua Deringer, [email protected].

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, or
Terri Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated September 19, 2022, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field on the SEC's EDGAR system. The SEC's EDGAR system may be searched
at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.

    Dated: September 30, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-21645 Filed 10-4-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Page 70234]
[FR Doc No: 2010-28912]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 2106-059]

Pacific Gas & Electric Company; Notice of Section 10j Meeting and
Providing Teleconference Information

November 9, 2010.
    a. Date and Time of Meeting: Wednesday, November 17, 2010, 9 a.m.-5
p.m.
    b. Place: John E. Moss Federal Building, Huntington Room, 650
Capitol Mall, Sacramento, CA 95814.
    c. FERC Contact: Emily Carter,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    d. Purpose of Meeting: Resolve the remaining section 10j issues
associated with the McCloud-Pit Hydroelectric Project licensing
proceeding.
    e. Teleconference information: While we encourage all local, state,
and federal agencies, Indian tribes, and other interested parties to
participate in person, we also will have a teleconference line
available. Please contact Emily Carter at<PHONE_NUMBER> or
<EMAIL_ADDRESS>by Friday, November 12, 2010 to RSVP and to
receive specific instructions on how to participate by telephone.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28912 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P