--------------------------------------------------------------------------------  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY -------------------------------------------------------------------------------- REGION 8 -------------------------------------------------------------------------------- 1595 Wynkoop Street -------------------------------------------------------------------------------- Denver, CO   80202-1129 -------------------------------------------------------------------------------- Phone<PHONE_NUMBER> -------------------------------------------------------------------------------- 		http://www.epa.gov/region8

Ref: 8P-AR

Edward T. Winters						 Environmental, Health, and Safety Coordinator		 Cobra Oil and Gas Corporation 2201 Kell Boulevard Wichita Falls, Texas 76308	 	 Re: Draft Part 71 Operating Permit, #V-UO-000020-2007.00, Cobra Oil and Gas Corporation, Flat Rock Compressor Station

Dear Mr. Winters:

The U.S. Environmental Protection Agency Region 8 has completed its review of Cobra Oil and Gas Corporation's (Cobra's) application for the Flat Rock Compressor Station to obtain an initial Clean Air Act Title V operating permit pursuant to the Title V Operating Permit Program at  40 CFR part 71 (Part 71).

Enclosed are the draft permit and the corresponding Statement of Basis. The regulations at  40 CFR 71.11(d) require that an applicant, the public and affected states (as defined in 40 CFR 71.2) have the opportunity to submit written comments on any draft Part 71 operating permit. All written comments submitted within 30 calendar days after the public notice is published will be considered by the agency in making its final permit decision. Enclosed is a copy of the public notice which will be published on the EPA's website located at: https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8, on August 22, 2018. The public comment period will end at  5:00 p.m. MDT on September 21, 2018.           The conditions contained in the permit will become effective and enforceable by the agency if the permit is issued final. If you are unable to accept any term or condition of the draft permit, please submit your written comments, along with the reason(s) for non-acceptance to:

      Part 71 Permitting Lead 	U.S. EPA, Region 8 	Air Program (8P-AR) 	1595 Wynkoop Street 	Denver, Colorado 80202

If you have any questions concerning the enclosed draft permit or Statement of Basis, please contact Colin Schwartz, of my staff, at<PHONE_NUMBER>.

                              Sincerely,                                      						Monica Mathews-Morales                               Director, Air Program 						Office of Partnership and Regulatory Assistance

Enclosures (3)

cc:	Bruce Pargeets, Director, Energy, Minerals and Air, Ute Indian Tribe (w/o enclosures)       Minnie Grant, Air Coordinator, Energy, Minerals, and Air, Ute Indian Tribe


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30422]
[DOCID:fr25my11-143]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Helena Regional Airport, Helena, Montana

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of Request to Release Airport Property.

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

SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at Helena Regional Airport (HLN) under the provisions
of Section 125 of the Wendell H. Ford Aviation Investment Reform Act
for the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on or before June 24, 2011.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address:

Mr. David S. Stelling, Manager, Federal Aviation Administration,
Northwest Mountain Region, Airports Division, Helena Airports District
Office, 2725 Skyway Drive, Suite 2, Helena, Montana 59602.

    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Ronald Mercer, Airport Director, Helena
Regional Airport Authority (HRAA), at the following address:

Mr. Ronald Mercer, Airport Director, Helena Regional Airport Authority,
2850 Skyway Drive, Helena, Montana 59602.

FOR FURTHER INFORMATION CONTACT:

Mr. Gary Gates, Airport Planner/Engineer, Federal Aviation
Administration, Northwest Mountain Region, Airports Division, Helena
Airports District Office, 2725 Skyway Drive, Suite 2, Helena, Montana
59602.

The request to release property may be reviewed, by appointment, in
person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at HLN under the provisions of the AIR 21
(49 U.S.C. 47107(h)(2)).
    On May 16, 2011 the FAA determined that the May 10, 2011 request
submitted by HRAA to release property at HLN meets the procedural
requirements of the FAA. The FAA may approve the request, in whole or
in part, no later than June 24, 2011.
    The following is a brief overview of the request:
    HRAA is proposing the release of approximately 2,337 square feet of
non-aeronautical airport property at HLN to the State of Montana
Department of Transportation, to be used as right-of-way for an
improved turning lane from Custer Ave to Kelleher Drive in Helena,
Montana. The road improvements are expected to be constructed in 2011
and 2012 and will provide improved access to HLN and the community.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under the heading: FOR FURTHER INFORMATION
CONTACT.
    In addition, any person may, upon appointment and request, inspect
the application, notice and other documents germane to the application
in person at Airport Administration Office, Helena Regional Airport,
Helena, Montana.

    Issued in Helena, Montana on May 16, 2011.
David S. Stelling,
Manager, Helena Airports District Office.
[FR Doc. 2011-12996 Filed 5-24-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19352-19353]
[FR Doc No: 2011-8260]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3186-000]

Southern California Telephone Company; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding
Southern California Telephone Company's application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 19, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed

docket(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: March 30, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-8260 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66505-66509]
[FR Doc No: 2021-25301]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2021-0747; FRL-9241-01-R2]

Outer Continental Shelf Air Regulations Update To Include New
Jersey State Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which the State of New Jersey is the
COA. The intended effect of approving the OCS requirements for the
State of New Jersey is to regulate emissions from OCS sources in
accordance with the requirements onshore. The requirements discussed
below are proposed to be incorporated by reference into the Code of
Federal Regulations and are listed in the appendix to the OCS air
regulations.

DATES: Written comments must be received on or before December 23,
2021.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2021-0747 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Air Programs Branch,
Permitting Section, U.S. Environmental Protection Agency, Region 2, 290
Broadway, New York, New York 10007,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. The EPA's Evaluation
III. The EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55 (``Part
55''),\1\ which established requirements to control air pollution from
Outer Continental Shelf (OCS) sources in order to attain and maintain
Federal and State ambient air quality standards (AAQS) and to comply
with the provisions of part C of title I of the Clean Air Act (CAA).
The Part 55 regulations apply to all OCS sources offshore of the states
except those located in the Gulf of Mexico west of 87.5 degrees
longitude.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Proposed Rulemaking, December 5,
1991 (56 FR 63774), and the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further background and
information on the OCS regulations.
---------------------------------------------------------------------------

    Section 328(a) of the CAA requires that for such OCS sources
located within 25 miles of a State's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the corresponding onshore area (COA). Because the OCS requirements are
based on onshore requirements, and onshore requirements may change, CAA
section 328(a)(1) requires that the EPA update the OCS requirements as
necessary to maintain consistency with onshore requirements. To comply
with this statutory mandate, the EPA must incorporate by reference into
Part 55 all relevant state rules in effect for onshore sources, so they
can be applied to OCS sources located offshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into 40
CFR part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Inclusion in the OCS rule does not imply that a rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.
    40 CFR 55.12 specifies certain times at which part 55's
incorporation by reference of a state's rules must be updated. One time
such a ``consistency update'' must occur is when any OCS source
applicant submits a Notice of Intent (NOI) under 40 CFR 55.4 for a new
or a modified OCS source. 40 CFR 55.4(a) requires that any OCS source
applicant must submit to EPA an NOI

before performing any physical change or change in method of operation
that results in an increase in emissions. EPA must conduct any
necessary consistency update when it receives an NOI, and prior to
receiving any application for a preconstruction permit from the OCS
source applicant. 40 CFR 55.6(b)(2) and 55.12(f). This proposed action
is being taken in response to the submittal of an NOI on September 14,
2021, by Ocean Wind, LLC, which proposes to submit an OCS permit
application for the construction of a new OCS source (a wind energy
project) about 15 miles offshore New Jersey.

II. The EPA's Evaluation

    In updating 40 CFR part 55, the EPA reviewed the New Jersey
Department of Environmental Protection (``NJDEP'') air rules currently
in effect, to ensure that they are rationally related to the attainment
or maintenance of Federal and State AAQS or part C of title I of the
CAA, that they are not designed expressly to prevent exploration and
development of the OCS, and that they are applicable to OCS sources.
See 40 CFR 55.1. The EPA has also evaluated the rules to ensure they
are not arbitrary and capricious. See 40 CFR 55.12(e). The EPA has
excluded New Jersey's administrative or procedural rules,\2\ and
requirements that regulate toxics which are not related to the
attainment and maintenance of Federal and State AAQS.
---------------------------------------------------------------------------

    \2\ Each COA, which has been delegated the authority to
implement and enforce part 55, will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce part 55, as in
New Jersey, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14(c)(4).
---------------------------------------------------------------------------

III. The EPA's Proposed Action

    In today's action, the EPA is proposing to update the ``New
Jersey'' section of Appendix A to 40 CFR part 55 to incorporate by
reference the following relevant New Jersey air pollution control rules
that are currently in effect:
    Chapter 27 Subchapter 2--Control and Prohibition of Open Burning
(Effective 6/20/1994),
    N.J.A.C. 7:27-2.1 through 2.4,7:27-2.6 through 2.8, and 7:27-2.12
through 2.13;
    Chapter 27 Subchapter 3--Control and Prohibition of Smoke from
Combustion of Fuel (Effective 2/4/2002);
    Chapter 27 Subchapter 4--Control and Prohibition of Particles from
Combustion of Fuel (Effective 4/20/2009);
    Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective
10/12/1977);
    Chapter 27 Subchapter 6--Control and Prohibition of Particles from
Manufacturing Processes (Effective 6/12/1998);
    Chapter 27 Subchapter 7--Sulfur (Effective 11/6/2017), N.J.A.C.
7:27-7.1 and 7.2;
    Chapter 27 Subchapter 8--Permits and Certificates for Minor
Facilities (and Major Facilities without an Operating Permit)
(Effective 4/6/2020), N.J.A.C. 7:27-8.1 through 8.9, 7:27-8.11 through
8.21, 7:27-8.23 through 8.25, 7:27-8.27, and Appendix 1;
    Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 9/20/2010);
    Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 9/6/
2011);
    Chapter 27 Subchapter 11--Incinerators (Effective 5/4/1998);
    Chapter 27 Subchapter 12--Prevention and Control of Air Pollution
Emergencies (Effective 5/20/1974);
    Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution
by Volatile Organic Compounds (Effective 1/16/2018), N.J.A.C. 7:27-16.1
through 16.10, 7:27-16.12 through 16.13, 7:27-16.16 through 16.23,
7:27-16. 27, and Appendix I and II;
    Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution
from New or Altered Sources Affecting Ambient Air Quality (Emission
Offset Rules) (Effective 11/6/2017);
    Chapter 27 Subchapter 19--Control and Prohibition of Air Pollution
from Oxides of Nitrogen (Effective 1/16/2018), N.J.A.C. 7:27-19.1
through 19.8, 7:27-19.11, 7:27-19.13 through 19.21, 7:27-19.23, and
7:27-19.25 through 19.26;
    Chapter 27 Subchapter 20--Used Oil Combustion (Effective 9/6/2011);
    Chapter 27 Subchapter 21--Emission Statements (Effective 1/16/
2018);
    Chapter 27 Subchapter 22--Operating Permits (Effective 11/2/2020);
    Chapter 27B Subchapter 1--Sampling and Analytical Procedures for
Determining Emissions of Particles from Manufacturing Processes and
from Combustion of Fuels (Effective 6/21/1976);
    Chapter 27B Subchapter 2--Procedures for Visual Determination of
the Opacity (Percent) and Shade or Appearance (Ringelmann Number) of
Emissions from Sources (Effective 6/21/1976); and
    Chapter 27B Subchapter 3--Air Test Method 3: Sampling and
Analytical Procedures for the Determination of Volatile Organic
Compounds from Source Operations (Effective 12/1/2008).

IV. Incorporation by Reference

    In this proposed rule, the EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the NJDEP air rules that are applicable to OCS
sources and which are currently in effect. These regulations are
described in Section III (``The EPA's Proposed Action'') of this
preamble. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office. Please contact the person identified in the For Further
Information Contact section of this preamble for more information.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, the EPA
must incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, the EPA's role is to maintain consistency between
OCS regulations and the regulations of onshore areas, provided that
they meet the criteria of the Clean Air Act. Accordingly, this action
simply updates the existing OCS requirements to make them consistent
with requirements onshore, without the exercise of any policy
discretion by the EPA.

a. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Orders (E.O.) 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011) and is therefore not subject
to review under the E.O.

b. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under PRA because this action only updates the state rules that are
incorporated by reference into 40 CFR part 55, Appendix A. OMB has
previously approved the information collection activities contained in
the existing regulations at 40 CFR part 55 and, by extension, this
update to part 55, and has assigned OMB control number 2060-0249. This
action does not impose a new information burden under PRA because this
action only updates the state rules

that are incorporated by reference into 40 CFR part 55, Appendix A.

c. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant impact on a
substantial number of small entities under the RFA. This proposed rule
does not impose any requirements or create impacts on small entities.
This proposed consistency update under CAA section 328 will not create
any new requirements but simply proposes to update the State
requirements incorporated by reference into 40 CFR part 55 to match the
current State requirements.

d. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate or significantly
or uniquely affect small governments as described in UMRA, 2 U.S.C.
1531-1538. The action imposes no enforceable duty on any state, local
or tribal governments.

e. Executive Order 13132, Federalism

    This action does not have federalism implications. It will 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, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), 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, nor does it impose substantial direct
costs on tribal governments, nor preempt tribal law. It merely updated
the State law incorporated by reference into 40 CFR part 55 to match
current State requirements.

g. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 and simply
proposes to update the State requirements incorporated by reference
into 40 CFR part 55 to match the current State requirements.

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

    This proposed rule 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

    This rulemaking 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 Clean Air Act.

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

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not provide the
EPA with the discretionary authority to address, as appropriate,
disproportionate human health, or environmental effects, using
practicable and legally permissible methods.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: November 15, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.

    For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations, part 55, is proposed to be amended as follows.

PART 55--[AMENDED]

0
1. The authority citation for 40 CFR part 55 continues to read as
follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401, et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(15)(i)(A) to read
as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of states' seaward boundaries, by state.

* * * * *
    (e) * * *
    (15) * * *
    (i) * * *
(A) State of New Jersey Requirements Applicable to OCS Sources, October
6, 2021.
* * * * *
0
3. Appendix A to 40 CFR part 55 is amended by revising the entry for
``New Jersey'' to read as follows:

Appendix A to 40 CFR Part 55--Listing of State and Local Requirements
Incorporated by Reference Into 40 CFR Part 55, by State

* * * * *
    NEW JERSEY
    (a) State requirements,
    (1) The following State of New Jersey requirements are
applicable to OCS Sources, as of October 6, 2021. New Jersey State
Department of Environmental Protection--New Jersey Administrative
Code. The following sections of Title 7:

Chapter 27 Subchapter 2--Control and Prohibition of Open Burning
(Effective 6/20/1994)

N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees

Chapter 27 Subchapter 3--Control and Prohibition of Smoke From
Combustion of Fuel (Effective 2/4/2002)

N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in
mobile sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal
combustion engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions

Chapter 27 Subchapter 4--Control and Prohibition of Particles From
Combustion of Fuel (Effective 4/20/2009)

N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions

Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective 10/12/
1977)

N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions

Chapter 27 Subchapter 6--Control and Prohibition of Particles From
Manufacturing Processes (Effective 6/12/1998)

N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions

Chapter 27 Subchapter 7--Sulfur (Effective 11/6/2017)

N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from
sulfur compounds

Chapter 27 Subchapter 8--Permits and Certificates for Minor Facilities
(and Major Facilities Without an Operating Permit) (Effective 4/6/2020)

N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis
N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control
equipment or pollution prevention process modifications
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions

Appendix 1

Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 9/20/2010)

N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling

Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 9/6/2011)

N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction, or construction of
solid fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations

Chapter 27 Subchapter 11--Incinerators (Effective 5/4/1998)

N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions

Chapter 27 Subchapter 12--Prevention and Control of Air Pollution
Emergencies (Effective 5/20/1974)

N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives

Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution by
Volatile Organic Compounds (Effective 1/16/2018)

N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting
operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, record keeping and
testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.27. Exceptions

Appendix I

Appendix II

Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution From
New or Altered Sources Affecting Ambient Air Quality (Emission Offset
Rules) (Effective 11/6/2017)

N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to
comply

Chapter 27 Subchapter 19--Control and Prohibition of Air Pollution From
Oxides of Nitrogen (Effective 1/16/2018)

N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific
NOX emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control
technology
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties

Chapter 27 Subchapter 20--Used Oil Combustion (Effective 9/6/2011)

N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other
combustion units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil

N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception

Chapter 27 Subchapter 21--Emission Statements (Effective 1/16/2018)

N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6. Methods to be used for quantifying actual
emissions
N.J.A.C. 7:27-21.7. Recordkeeping requirements
N.J.A.C. 7:27-21.8. Certification of information
N.J.A.C. 7:27-21.9. Request for extensions
N.J.A.C. 7:27-21.10. Determination of non-applicability
N.J.A.C. 7:27-21.11. Severability

Appendix 1

Chapter 27 Subchapter 22--Operating Permits (Effective 11/2/2020)

N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating
permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk
assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations
N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit
modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution

Appendix

Table A

Chapter 27B Subchapter 1--Sampling and Analytical Procedures for
Determining Emissions of Particles From Manufacturing Processes and
From Combustion of Fuels (Effective 6/21/1976)

N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test

Chapter 27B Subchapter 2--Procedures for Visual Determination of the
Opacity (Percent) and Shade or Appearance (Ringelmann Number) of
Emissions From Sources (Effective 6/21/1976)

N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. Observation principle
N.J.A.C. 7:27B-2.4. General observation requirements
N.J.A.C. 7:27B-2.5. Required observation data
N.J.A.C. 7:27B-2.6. Certification

References

Appendix

Chapter 27B Subchapter 3--Air Test Method 3: Sampling and Analytical
Procedures for the Determination of Volatile Organic Compounds From
Source Operations (Effective 12/1/2008)

N.J.A.C. 7:27B-3.1. Definitions
N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable
test methods
N.J.A.C. 7:27B-3.3. Operating conditions during the test
N.J.A.C. 7:27B-3.4. Sampling facilities
N.J.A.C. 7:27B-3.5. Source operations and applicable test methods
N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor
pressures of a single known VOC or mixtures of known and/or unknown
VOC
N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of
volatile organic compounds using a flame ionization detector (FID),
a photoionization detector (PID) or a non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of
volatile organic compounds using a gas chromatograph (GC) with a
flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis
of known volatile organic compounds using a gas chromatograph (GC)
with a flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.10. Procedures for the determination of volatile
organic compounds in surface coating formulations
N.J.A.C. 7:27B-3.11. Procedures for the determination of volatile
organic compounds emitted from transfer operations using a flame
ionization detector (FID) or non-dispersive infrared analyzer (NDIR)
N.J.A.C. 7:27B-3.12. Procedures for the determination of volatile
organic compounds in cutback and emulsified asphalts
N.J.A.C. 7:27B-3.13. Procedures for the determination of leak
tightness of gasoline delivery vessels
N.J.A.C. 7:27B-3.14. Procedures for the direct detection of fugitive
volatile organic compound leaks
N.J.A.C. 7:27B-3.15. Procedures for the direct detection of fugitive
volatile organic compound leaks from gasoline tank trucks and vapor
collection systems using a combustible gas detector
N.J.A.C. 7:27B-3.18. Test methods and sources incorporated by
reference.
* * * * *
[FR Doc. 2021-25301 Filed 11-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Notices]
[Page 50535]
[FR Doc No: 2021-19407]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0067; FRL-8910-01-OCSPP]

United States Department of Justice and Parties to Certain
Litigation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that pesticide related information
submitted to the Environmental Protection Agency (EPA) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to the U.S. Department of Justice
(DOJ) and parties to certain litigation. This transfer of data is in
accordance with the CBI regulations governing the disclosure of
potential CBI in litigation.

DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this Notice.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice is being provided pursuant to 40
CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will
provide certain information to the parties and the Court in the matter
of Migrant Clinicians Network et al. v. U.S. Environmental Protection
Agency et al. (Case No. 21-70719) (9th Cir.) (``Streptomycin
litigation''). The information is contained in documents that have been
submitted to EPA pursuant to FIFRA and FFDCA by pesticide registrants
or other data-submitters, including information that has been claimed
to be, or determined to potentially contain, CBI. In the Streptomycin
Litigation, Petitioners seek judicial review of EPA's January 12, 2021
registrations of streptomycin for use on citrus under FIFRA and ESA.
    The documents are being produced as part of the Administrative
Record of the decision at issue and include documents that registrants
or other data-submitters may have submitted to EPA regarding the
pesticide streptomycin, and that may be subject to various release
restrictions under federal law. The information includes documents
submitted with pesticide registration applications and may include CBI
as well as scientific studies subject to the disclosure restrictions of
FIFRA section 10(g), 7 U.S.C. 136h(g).
    All documents that may be subject to release restrictions under
federal law will be designated as ``Confidential or Restricted
Information'' in the certified list of record materials that EPA will
file in this case. Further, EPA intends to seek a Protective Order that
would preclude public disclosure of any such documents by the parties
in this action who have received the information from EPA, and that
would limit the use of such documents to litigation purposes only. EPA
would only produce such documents in accordance with the Protective
Order. The anticipated Protective Order would require that such
documents would be filed under seal and would not be available for
public review, unless the information contained in the document has
been determined to not be subject to FIFRA section 10(g) and all CBI
has been redacted.
    Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: September 1, 2021.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-19407 Filed 9-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Page 36275]
[FR Doc No: 2021-14626]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-57-000]

Mountain Valley Pipeline, LLC; Notice of Supplemental Scoping
Period for the Proposed Amendment to the Certificate of Public
Convenience and Necessity for the Mountain Valley Pipeline Project and
Request for Comments on Environmental Issues

    On March 16, 2021, Commission staff issued a ``Notice of Scoping
Period and Requesting Comments on Environmental Issues for the Proposed
Amendment to the Certificate of Public Convenience and Necessity for
the Mountain Valley Pipeline Project'' (Notice of Scoping). The Notice
of Scoping is included as attachment 1.\1\ The scoping comment period
ended on April 15, 2021.
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at<EMAIL_ADDRESS>or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
---------------------------------------------------------------------------

    It has come to our attention that the entire environmental mailing
list may not have received copies of the Notice of Scoping; therefore,
the Commission is issuing this Notice of Supplemental Scoping Period to
provide interested parties that did not receive the previous notice an
opportunity to file comments on environmental issues. The supplemental
scoping period will close on August 2, 2021.
    The staff of the Commission is preparing an environmental
assessment (EA) that will discuss the environmental impacts of the
proposed Amendment to the Certificate of Public Convenience and
Necessity for the Mountain Valley Pipeline Project (Amendment Project)
involving construction and operation of facilities by Mountain Valley
Pipeline, LLC (Mountain Valley) in Wetzel, Lewis, Webster, Nicholas,
Greenbrier, Summers, and Monroe Counties, West Virginia and Giles,
Montgomery, Roanoke, Franklin, and Pittsylvania Counties, Virginia.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the EA. Commission staff will consider
all written comments during the preparation of the EA. If you submitted
comments in Docket No. CP21-57-000 during the previous scoping period,
those comments will be considered and do not need to be resubmitted.
    On June 11, 2021, Commission staff issued a ``Notice of Schedule
for the Preparation of an Environmental Assessment for the Proposed
Amendment to the Certificate of Public Convenience and Necessity for
the Mountain Valley Pipeline Project'' (Notice of Schedule).\2\ As
indicated in the Notice of Schedule, the EA is scheduled to be
published on August 13, 2021. If a schedule change becomes necessary,
the Commission will issue a revised schedule.
---------------------------------------------------------------------------

    \2\ See accession number 20210611-3044.
---------------------------------------------------------------------------

    Additional information on the Amendment Project including how to
submit comments to the Commission, a summary of the proposed project,
the NEPA Process, and information on the environmental mailing list can
be found in the Notice of Scoping included in attachment 1.
    Additional information about the project is also available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.

    Dated: July 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14626 Filed 7-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53555-53557]
[FR Doc No: 2021-20639]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2021-0322; FRL-8874-02-R4]

Air Quality Designations; NC: Redesignation of the Brunswick
County 2010 Sulfur Dioxide Unclassifiable Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
submission by the State of North Carolina, through the Department of
Air Quality (DAQ), received on April 23, 2021, to redesignate the
Brunswick County, North Carolina, unclassifiable area (hereinafter
referred to as the ``Brunswick County Area'' or ``Area'') to
attainment/unclassifiable for the 2010 1-hour primary sulfur dioxide
(SO2) national ambient air quality standard (hereinafter
referred to as the ``2010 1-hour SO2 NAAQS''). Because EPA
now has sufficient information to determine that the Brunswick County
Area is attaining the 2010 1-hour SO2 NAAQS, the Agency is
approving the State's request to redesignate the Area from
unclassifiable to attainment/unclassifiable for the 2010 1-hour
SO2 NAAQS.

DATES: This rule is effective October 28, 2021.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0322. 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 and Radiation 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: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be reached by
telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (CAA or Act) establishes a process for air
quality management through the establishment and implementation of the
NAAQS. On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010).\1\ After the
promulgation of a new or revised NAAQS, EPA is required to designate
all areas of the country pursuant to section 107(d)(1)-(2) of the CAA.
For the 2010 1-hour SO2 NAAQS, designations were based on
EPA's application of the nationwide analytical approach to, and
technical assessment of, the weight of evidence for each area,
including but not limited to available air quality monitoring data and
air quality modeling results.
---------------------------------------------------------------------------

    \1\ On February 25, 2019 (effective April 17, 2019), EPA issued
a decision to retain the existing NAAQS for SO2. See 84
FR 9866 (March 18, 2019).
---------------------------------------------------------------------------

    EPA completed the first set of initial area designations for the
2010 1-hour SO2 NAAQS in 2013 (Round 1). Pursuant to a March
2, 2015, consent decree and court-ordered schedule,\2\ EPA finalized a
second set of initial area designations for the 2010 1-hour
SO2 NAAQS in 2016 (also called, ``Round 2''). For the Round
2 designations, after review of all available information at that time
of Round 2 designations, including modeling provided by the State, EPA
was unable to determine whether the Brunswick County Area met the
definition of a nonattainment area or the definition of an attainment
area.\3\ As a result, EPA designated the entire Brunswick County Area,
based on modeling of the Capital Power Incorporated (CPI) Southport
Cape Fear facility, as unclassifiable, which was published in the
Federal Register on July 12, 2016.\4\ CPI Southport, located on the
coast of southeastern North Carolina in the southeastern portion of
Brunswick County, was an electric power generation plant with two

electric generating units (EGUs) that were permitted to combust a
variety of solid fuels, including coal, woody biomass fuels, and tire
derived fuel. The unclassifiable area included all six townships
(Lockwood Folly Township, Northwest Township, Shallotte Township,
Smithville Township, Town Creek Township, Waccamaw Township) within the
jurisdictional boundary of Brunswick County.
---------------------------------------------------------------------------

    \2\ See Sierra Club et al. v. McCarthy, Civil Action No. 3:13-
cv-3953-SI (N.D. Cal.) and 79 FR 31325 (June 2, 2014).
    \3\ EPA's March 20, 2015, guidance specified the designation
category definitions to be used in the Round 2 designations.
Specifically, EPA defined a ``nonattainment'' area as an area that
EPA has determined violates the 2010 1-hour SO2 NAAQS
based on the most recent three years of quality-assured, certified
ambient air quality monitoring data or an appropriate modeling
analysis, or that EPA has determined contributes to a violation in a
nearby area; and defined an ``attainment'' area as an area that EPA
has determined meets the 2010 1-hour SO2 NAAQS and does
not contribute to a violation of the NAAQS in a nearby area based on
either: (a) The most recent three years of ambient air quality
monitoring data from a monitoring network in an area that is
sufficient to be compared to the NAAQS, or (b) an appropriate
modeling analysis.
    \4\ See 81 FR 45039 (July 12, 2016), effective September 12,
2016) codified at 40 CFR 81.334. Detailed rationale, analyses, and
other information supporting EPA's original Round 2 designation
including all supporting materials for the Brunswick County Area,
including the technical support document (TSD), can be found on
EPA's SO2 designations website at https://www.epa.gov/sulfur-dioxide-designations/epa-completes-second-round-sulfur-dioxide-designations.
---------------------------------------------------------------------------

    To address EPA's 2015 Data Requirements Rule (DRR),\5\ DAQ decided
to characterize the air quality in the vicinity of the CPI Southport
\6\ facility by installing an air quality monitor (Southport DRR
monitor; AQS ID: 370190005) in the area of maximum concentration for
the facility.\7\ North Carolina began collecting monitoring data on
January 1, 2017.\8\
---------------------------------------------------------------------------

    \5\ Data Requirements Rule for the 2010 1-Hour Sulfur Dioxide
(SO2) Primary National Ambient Air Quality Standard
(NAAQS), Final Rule, 80 FR 51052, August 21, 2015 (https://www.govinfo.gov/content/pkg/FR-2015-08-21/pdf/2015-20367.pdf), which
required states to undertake air quality characterization for areas
with SO2 sources meeting certain criteria. Specifically,
the DRR required state air agencies to provide additional monitoring
or modeling information to characterize air quality in areas
associated with sources meeting certain criteria or that have
otherwise been listed under the DRR by EPA or state air agencies, or
to instead impose federally enforceable emission limitations on
those sources restricting their annual SO2 emissions to
less than 2,000 tons per year, or provide documentation that the
sources have been shut down, by specified dates. The information
generated by implementation of the DRR informed EPA's designations.
    \6\ CPI Southport was subject to EPA's 2015 Data Requirements
Rule (DRR) for the 2010 SO2 1-hour NAAQS. See https://www.epa.gov/sites/production/files/2016-06/documents/nc.pdf for
North Carolina's letter and DRR source list, dated January 15, 2016.
    \7\ The Southport DRR monitor is located at the site of maximum
concentration based on modeling following the procedures in EPA's
February 2016 SO2 Monitoring TADs, ``SO2 NAAQS
Designations Source-Oriented Monitoring Technical Assistance
Document'' and 40 CFR parts 50 and 58. More details on the analyses
used to support the monitor placement are contained in the State's
2016 annual monitoring annual network plan located in the docket for
this final action.
    \8\ In accordance with the DRR, 40 CFR part 51, subpart BB,
through a letter dated June 30, 2016, North Carolina notified EPA
that the State chose to characterize peak 1-hour SO2
concentrations for CPI through air quality monitoring. See https://www.epa.gov/sites/production/files/2016-07/documents/north_carolina_source_characterization.pdf.
---------------------------------------------------------------------------

    On April 23, 2021, North Carolina submitted a letter to EPA
requesting that the entirety of Brunswick County be redesignated to
attainment/unclassifiable based on the newly available monitoring
information, which demonstrates attainment of the 2010 1-hour
SO2 NAAQS. To evaluate North Carolina's redesignation
request, EPA considered the design value for the air quality monitor in
Brunswick County by assessing the most recent three consecutive years
(i.e., 2018-2020) of quality-assured, certified ambient air quality
data in the EPA Air Quality System (AQS) using data from the Southport
DRR monitor that was sited and operated in accordance with 40 CFR parts
50 and 58.\9\ As noted previously, the 2010 1-hour SO2 NAAQS
is met when the design value is 75 ppb or less. The most recent three
years of ambient SO2 monitoring data available shows that
the Area is attaining the 2010 1-hour SO2 NAAQS with a
design value of 54 ppb for the period 2018-2020.\10\ Additionally, on
March 31, 2020, the CPI Southport facility ceased operation, and the
DAQ rescinded the facility's operating permit effective April 1,
2021.\11\
---------------------------------------------------------------------------

    \9\ Procedures for using monitored air quality data to determine
whether a violation has occurred are provided in 40 CFR part 50,
appendix T.
    \10\ North Carolina early certified the Southport monitor 2018-
2020 air quality data in AQS on January 13, 2021. See Table 2 in
North Carolina's April 23, 2021, redesignation request.
    \11\ The DAQ's April 1, 2021 letter rescinding Air Quality
Permit No. 05884T21 and the January 20, 2021, certified letter from
Mr. Frank Hayward, General Manager, CPI USA North Carolina, LLC--
Southport Plant to Mr. Brad Newland, P.E., Regional Air Quality
Supervisor, Wilmington Regional Office, NC Division of Air Quality,
requesting permit rescission are located in the docket for this
final action.
---------------------------------------------------------------------------

    After reviewing North Carolina's redesignation request under CAA
section 107(d)(3)(D) and all available information, EPA is now
approving North Carolina's request to redesignate the Brunswick County
Area from unclassifiable to attainment/unclassifiable for the 2010 1-
hour SO2 NAAQS based on a valid ambient SO2
design value that adequately characterizes the SO2 air
quality in the Brunswick County Area and demonstrates attainment of the
1-hour SO2 standard.
    In a notice of proposed rulemaking (NPRM) published on July 2, 2021
(86 FR 35254), EPA proposed to redesignate to attainment/unclassifiable
the Brunswick County Area in its entirety. As discussed in the NPRM,
this final action is based on the currently available monitoring data
described in that NPRM that demonstrate attainment of the 2010 1-hour
SO2 NAAQS. The 30-day public comment period for the NPRM
closed on August 16, 2021. EPA did not receive any comments on the
proposed redesignation of Brunswick County, North Carolina. The details
of North Carolina's redesignation request and the rationale for EPA's
actions are further explained in the NPRM.

III. Final Action

    EPA is approving North Carolina's April 23, 2021, request to
redesignate the Brunswick County Area from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 NAAQS. The
final action is based on the currently available monitoring data for
the Brunswick County Area that demonstrate attainment of the 2010 1-
hour SO2 NAAQS. This approval of the redesignation request
changes the legal designation, found at 40 CFR part 81, of Brunswick
County from unclassifiable to attainment/unclassifiable for the 2010 1-
hour SO2 NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment/
unclassifiable is an action that affects the status of a geographical
area and does not impose any additional regulatory requirements on
sources beyond those imposed by state law. A redesignation to
attainment/unclassifiable does not in and of itself create any new
requirements, but rather results in the applicability of requirements
contained in the CAA for areas that have been redesignated to
attainment. Accordingly, this action merely redesignates an area to
attainment/unclassifiable and does not impose additional requirements.
For that reason, this 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 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the CAA; and
     Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    This final redesignation does not apply to 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 this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: September 20, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 81
as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.334, the table titled ``North Carolina-2010 Sulfur
Dioxide NAAQS [Primary]'' is amended by:
0
a. Revising the ``Designated area'' and ``Date'' column headings;
0
b. Removing the entries for ``Brunswick County, NC'', ``Brunswick
County'', ``Lockwood Folly Township, Northwest Township, Shallotte
Township, Smithville Township, Town Creek Township, Waccamaw
Township'', and ``Rest of State:'';
0
c. Adding an entry for ``Brunswick County'' before ``Buncombe County'';
0
d. Adding an entry for ``Lockwood Folly Township, Northwest Township,
Shallotte Township, Smithville Township, Town Creek Township, Waccamaw
Township'' under ``Brunswick County''; and
0
e. Removing footnote 2 and redesignating footnotes 1 and 3 as footnotes
2 and 1, respectively.
    The revisions and additions read as follows:

Sec.  81.334  North Carolina.

* * * * *

                                    North Carolina--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                      Designation
          Designated area1           ---------------------------------------------------------------------------
                                                  Date \2\                                Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Brunswick County....................  October 28, 2021................  Attainment/Unclassifiable.
    Lockwood Folly Township,
     Northwest Township, Shallotte
     Township, Smithville Township,
     Town Creek Township, Waccamaw
     Township.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2021-20639 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P