[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Proposed Rules]
[Pages 49509-49513]
[FR Doc No: 2018-21287]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0642; FRL-9983-78--Region 7]

Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permits Program. The revisions include updating definitions,
clarifying permit rule exemptions and permit-by-rule regulations,
revising methods and procedures for performance test/stack test and
continuous monitoring systems, and updating the Prevention of
Significant Deterioration (PSD) regulations and Operating Permits
Program. In addition, the State has removed its rules that implement
the Clean Air Interstate Rule (CAIR) and revised their acid rain rules.
These revisions will not impact air quality and will ensure consistency
between the state and Federally approved rules.

DATES: Comments must be received on or before November 1, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0642 to https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. What SIP revisions are being proposed by EPA?
III. What Operating Permit Plan revisions are being proposed by EPA?
IV. Have the requirements for approval of a SIP and the Operating
Permits Program revisions been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to approve a submission from the State of Iowa to
revise the Iowa SIP and the Operating Permits Program. The revisions to
the Iowa SIP revise the definition for EPA reference method and
volatile organic compounds (VOCs), clarifies permit rule exemptions and
the State's permit-by-rule regulation, and revises methods and
procedures for performance test/stack test and continuous monitoring
systems. In addition, the State has removed its rules that implement
the CAIR. The State has also revised their Prevention of Significant
Deterioration (PSD) regulations to incorporate the most recent Federal
requirements. Iowa has also revised their Operating Permits Program by
revising the definition for EPA Reference Method, clarifying
insignificant activities as applied to internal combustion engines,
revising forms used to submit emission inventories and due dates as
well as revising the public participation rules. In addition, the State
revised their acid rain rules to include the most recent EPA Reference
Method.
    EPA is not acting on Chapter 25.2--Continuous emission monitoring
under the acid rain program, as these provisions are not approved in
the operating permits program. EPA is also not acting on the New Source
Performance Standards, emission standards for hazardous air pollutants,
emission standards for hazardous air pollutants for source categories,
and emission guidelines that were submitted in this SIP revision. These
will be addressed separately.

II. What SIP revisions are being proposed by EPA?

    EPA is proposing the following revisions to the Iowa SIP:
    Chapter 20--Scope of Title-Definitions: The State revised the
definition of ``EPA reference method,'' to adopt the most current EPA
methods for measuring air pollutant emissions (stack testing and
continuous monitoring). EPA revised the reference methods in 40 CFR
parts 51, 60, 61 and 63 on August 30, 2016. These updates will ensure
that state reference methods are equivalent to Federal reference
methods and are no more stringent than Federal methods.
    The State revised the definition of ``volatile organic compounds''
(VOC) to reflect changes made to the Federal definition of VOC on
August 1, 2016. EPA finalized a regulation on August 1, 2016, to
exclude the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy)
Ethane (HFE-347pcf2) from the Federal definition because this compound
makes a negligible contribution to tropospheric ozone formation. This
revision to the VOC definition ensures consistency with the Federal
definition.
    Chapter 22--Controlling Pollution: The State made three revisions
under Chapter 22, ``Permits required for new or existing stationary
sources,'' subrule 22.1(2), ``Permitting exemptions.'' The revisions to
permitting exemptions do not relieve the owner or operator of any
source from any obligation to comply with any other applicable
requirements.
    The introductory paragraph to 22.1(2) ``i'', ``Initiation of
construction, installation, reconstruction, or alteration
(modification) to equipment,'' now cross-refers to subrule 31.3(1) in
the Iowa SIP as the previous reference no longer exists. Subrule
31.3(1) refers to definitions for nonattainment new source review
requirements for areas designated nonattainment on or after May 18,
1998.
    Subparagraph 22.1(2) ``r'', applies to the exemption for an
internal combustion engine with a brake horsepower rating of less than
400 measured at the shaft. The added

language (underlined below) clarifies that the owner or operator of an
engine that was manufactured, ordered, modified or reconstructed after
March 18, 2009, may use this exemption only if the owner or operator,
prior to installing, modifying or reconstructing the engine, submits to
the department a completed registration on forms provided by the
department (unless the engine is exempted from registration, as
specified in this paragraph or on the registration form). This revision
clarifies that an engine that meets the definition of nonroad engine as
specified in 40 CFR 1068.30,\1\ is exempt from registration
requirements. The engine must be in compliance with New Source
Performance Standards (NSPS) for stationary compression ignition
internal combustion engines (40 CFR part 60, subpart IIII); NSPS for
stationary spark ignition internal combustion engines (40 CFR part 60,
subpart JJJJ), and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines (40 CFR part
63, subpart ZZZZ). The State also corrected punctuation errors in this
subparagraph.
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    \1\ https://www.ecfr.gov/cgi-bin/text-idx?SID=db4b0eb8f69070dfa866091c274c941c&mc=true&node=se40.37.1068_130&rgn=div8.
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    Subparagraph 22.1(2)``w''(1) applies to ``small unit'' exemptions
from construction permitting. The SIP-approved list of criteria has the
word ``or'' between the last two items in the list, which could lead
affected owners and operators to conclude that an emission unit does
not need to meet all the criteria in the list. This proposed revision
changes the word ``or'' to ``and'' between the provision for
``PM2.5'' and the one for ``hazardous air pollutants'' in
the list of air pollutants. A spelling error will also be corrected
with this proposed revision.
    The revisions to subrule 22.8(1) ``a'', ``Permit by Rule,'' allow
powder coat material to be used in paint booths without being
considered ``sprayed material,'' provided the powder coating is applied
in an indoor-vented spray booth equipped with filters or an overspray
powder recovery system. Included in this docket are justification
materials from the state that evaluates that particulate emissions from
powder coatings specified under the conditions in permit by rule, would
not contribute to the exceedances of the ambient air quality standards
for particulate matter. The justification was previously provided in
support of the exemption for powder coatings for construction permits
(22.1(2)``bb''). Owners and/or operators using the permit by rule must
send a notification letter to the Department and complete applicability
questions for the facility. Facilities not eligible for permit by rule
are required to apply for a construction permit as specified under 567
IAC subrules 22.1(1) and 22.1(3).
    Chapter 25--Measurement of Emissions: The State revised subrule
25.1(9), ``Methods and Procedures,'' to adopt the most current EPA
reference methods for measuring air pollutant emissions (performance
test/stack test, 25.1(9)a, and continuous monitoring systems,
25.1(9)b). EPA revised the reference methods in 40 CFR parts 51, 60, 61
and 63 on August 30, 2016. These proposed updates will ensure that
state reference methods are equivalent to Federal reference methods and
are no more stringent than Federal methods.
    Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality:
    33.1--Purpose. The State revised the applicable date to incorporate
the recent changes EPA made to the Federal requirements of the PSD
program from August 19, 2015, to October 18, 2016.
    33.1(3)--Definitions. The State revised the definition of
``volatile organic compounds'' (VOC) to reflect changes made to the
Federal definition of VOC on August 1, 2016. The compound 1,1,2,2-
tetrafluoro-1-(2,2,2-trifluoroethoxy) Ethane (HFE-347pcf2) was excluded
from the Federal definition at 40 CFR 51.100(s) because this compound
makes a negligible contribution to tropospheric ozone formation. This
proposed revision to the state's VOC definition ensures consistency
with the Federal definition.
    33.3(17)--Public participation. The State made revisions that
addresses public participation requirements for the PSD program to
reflect updates to the Federal regulations, at 40 CFR part 51, subpart
I, published October 18, 2016. The revision removes the requirements
for advertisement in a newspaper of general circulation in each region
in which the proposed source will be constructed, and provides for
posting of the public comment period on a website identified by the
department.\2\ The electronic notice shall be available for the
duration of the public comment period and include the notice of public
comment, the draft permit(s), information on how to access the
administrative record for the draft permit(s), and how to request or
attend a public hearing on the draft permits(s). The revision also
requires the department to be consistent in the method of providing
public notice while using other means necessary to ensure adequate
notice to the affected public.
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    \2\ The ``department'' is the Iowa Department of Natural
Resources and the permitting authority.
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    33.3(22)--Permit rescission. This revision allows for rescission of
PSD permits to be consistent with the Federal changes made to 40 CFR
part 51, subpart I, published October 18, 2016, with regard to public
participation. A notice of permit rescission may be posted on a
publicly available website identified by the department.
    Chapter 34--Provisions for Air Quality Emissions Trading Programs.
Due to the regulations being phased out and replaced with the Cross-
State Air Pollution Rule published in the Federal Register on August 8,
2011 at 76 FR 48208, Iowa is implementing the Cross-State Air Pollution
Rule through a Federal Implementation Plan, and removing its
regulations that implement CAIR. Because the State CAIR trading
programs created by these rules are no longer being implemented, and
because the rules serve no other purpose, removal of the rules from the
SIP does not interfere with any applicable requirement concerning
attainment or any other requirement of the CAA.
    EPA is proposing to approve the rescission of the following
chapters in the Iowa SIP:
    34.201, CAIR NOX Annual Trading Program Provisions;
    34.202, CAIR Designated Representative for CAIR NOX
sources;
    34.203, Permits;
    34.204, Reserved;
    34.205, CAIR NOX Allowance Allocations;
    34.206, CAIR NOX Allowance Tracking System;
    34.207, CAIR NOX Allowance Transfers;
    34.208, Monitoring and Reporting;
    34.209, CAIR NOX Opt-in Units;
    34.210, CAIR SO2 Trading Program;
    34.211-34.219, Reserved;
    34.220, CAIR NOX Ozone Season Trading Program;
    34.221, CAIR NOX Ozone Season Trading Program General
Provisions;
    34.222, CAIR Designated Representative for CAIR NOX
Ozone Season Sources;
    34.223, CAIR NOX Ozone Season Permits;
    34.224, Reserved;
    34.225, CAIR NOX Ozone Season Allowance Allocations;
    34.226, CAIR NOX Ozone Season Allowance Tracking System;
    34.227, CAIR NOX Ozone Season Allowance Transfers;
    34.228, CAIR NOX Ozone Season Monitoring and Reporting,
and 34.229, CAIR NOX Ozone Season Opt-in Units.

III. What operating permits plan revisions are being proposed by EPA?

    EPA is proposing to approve the following revisions to Iowa's
Operating Permits Program (Title V) as follows:
    Chapter 22.100--Definitions for Title V Operating Permits: The
State revised the definition of ``EPA reference method,'' to adopt the
most current EPA methods for measuring air pollutant emissions (stack
testing and continuous monitoring). EPA revised the reference methods
in 40 CFR parts 51, 60, 61 and 63 on August 30, 2016. These updates
will ensure that state reference methods are equivalent to Federal
reference methods and are no more stringent than Federal methods.
    Chapter 22.103--Insignificant activities:
    Subparagraph 22.103(2)``b''(6) applies to the exemption for
internal combustion engines that are used for emergency response
purpose with a brake horsepower rating of less than 400 measured at the
shaft. The revision adds that emergency engines that are subject to the
following rules are not to be considered insignificant: New Source
Performance Standards (NSPS), 40 CFR part 60 subpart IIII (stationary
compression ignition internal combustion engines); NSPS 40 CFR part 60,
subpart JJJJ (stationary spark ignition internal combustion engines),
and National Emission Standards for hazardous air pollutants, 40 CFR
part 63, subpart ZZZZ (reciprocating internal combustion engines).
    Chapter 22.106, Title V permit fees:
    The revision to 22.106(2) applies to emission inventories and
documentation due dates. The revision specifies that emissions
inventories will be submitted with forms specified by the department.
For emissions in Polk and Linn Counties, three copies of forms should
be submitted that document actual emissions for the previous calendar
year annually by March 31. Emissions in other counties are required to
submit two copies of forms documenting actual emissions for the
previous calendar year annually by March 31. With this revision, the
following forms have been removed: Form 1.0, ``Facility
Identification''; Form 4.0, ``Emission Unit--Actual Operations and
Emissions'' for each emission unit; Form 5.0, ``Title V Annual
Emissions Summary/Fee'', and Part 3, ``Application Certification.''
    Chapter 22.107, Title V permit processing procedures:
    The revision to subrule 22.107(6), ``Public notice and public
participation,'' updates the Title V program to reflect the changes
made to Federal regulations at 40 CFR 70.7(h), published October 18,
2016. The revision removes the requirements for advertisement in a
newspaper of general circulation and adds that posting of the notice,
including the draft permit, for the duration of the public comment
period on a public website identified by the permitting authority.\3\
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    \3\ Iowa Department of Natural Resources.
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    Chapter 22.120: This chapter applies to the acid rain program. In
Iowa, all provisions of the acid rain program are approved under the
Title V Operating Permits Program. Therefore, the test methods as
applied in Chapter 22.100 apply to Chapter 22.120 to include the most
recent EPA reference method revision to 40 CFR part 75 (August 30,
2016).
    Chapter 30--Fees: The revision to ``Fees Associated with Title V
Operating Permits'' at 30.4(2) ``b'' removes the following forms: Form
1.0, ``Facility Identification''; Form 5.0, ``Title V Annual Emissions
Summary/Fee'', and Part 3, ``Application Certification.'' The revision
also adds the language ``with forms specified by the department.''

IV. Have the requirements for approval of a SIP and the Operating
Permits Program revisions been met?

    The submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The State held a public
comment period from December 20, 2017 to January 22, 2018, with a
public hearing on January 22, 2018. No comments were received. The
submissions also satisfied the completeness criteria of 40 CFR part 51,
appendix V. In addition, these revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. These revisions are also consistent with applicable EPA
requirements of Title V of the CAA and 40 CFR part 70.

V. What actions are proposed?

    EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program. The proposed revisions clarify rules, makes
revisions and corrections, and rescinds rules no longer relevant to the
air program. EPA has determined that approval of these revisions will
not impact air quality and will ensure consistency between the state
and federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.

VI. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text in an
EPA final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Iowa Regulations described in the proposed amendments to
40 CFR part 52 set forth below. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 7 Office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 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. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 70

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

    Dated: September 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR parts 52 and 70 as set forth below:

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 Q--Iowa

0
2. Amend Sec.  52.820, paragraph (c), by:

0
a. Revising the table entries ``567-20.2'', ``567-22.1'', ``567-22.8'',
``567-25.1'', ``567-33.1'', and ``567-33.3'', and
0
b. Removing the table entries and the heading for ``Chapter 34--
Provisions for Air Quality Emissions Trading Programs'' in its
entirety.
    The revisions read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                        State
      Iowa citation                 Title          effective date     EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title-Definitions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-20.2.................  Definitions...........       4/18/2018  [Date of publication    The definitions for
                                                                    of the final rule in    ``anaerobic
                                                                    the Federal             lagoon,'' ``odor,''
                                                                    Register], [Federal     ``odorous
                                                                    Register citation of    substance,''
                                                                    the final rule].        ``odorous substance
                                                                                source'' are not SIP
                                                                                approved.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.................  Permits Required for         4/18/2018  [Date of publication    In 22.1(3) the
                            New or Stationary                       of the final rule in    following sentence
                            Sources.                                the Federal             regarding electronic
                                                                    Register], [Federal     submission is not
                                                                    Register citation of    SIP approved. The
                                                                    the final rule].        sentence is:
                                                                                ``Alternatively, the
                                                                                owner or operator
                                                                                may apply for a
                                                                                construction permit
                                                                                for a new or
                                                                                modified stationary
                                                                                source through the
                                                                                electronic submittal
                                                                                format specified by
                                                                                the department.''

                                                  * * * * * * *
567-22.8.................  Permit by Rule........       4/18/2018  [Date of publication    .....................
                                                                    of the final rule in
                                                                    the Federal
                                                                    Register], [Federal
                                                                    Register citation of
                                                                    the final rule].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.................  Testing and Sampling         4/18/2018  [Date of publication    .....................
                            of New and Existing                     of the final rule in
                            Equipment.                              the Federal
                                                                    Register], [Federal
                                                                    Register citation of
                                                                    the final rule].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1.................  Purpose...............       4/18/2018  [Date of publication    .....................
                                                                    of the final rule in
                                                                    the Federal
                                                                    Register], [Federal
                                                                    Register citation of
                                                                    the final rule].
567-33.3.................  Special Construction         4/18/2018  [Date of publication    Provisions of the
                            Permit Requirements                     of the final rule in    2010 PM2.5 PSD--
                            for Major Stationary                    the Federal             Increments, SILs and
                            Sources in Areas                        Register], [Federal     SMCs rule (75 FR
                            Designated Attainment                   Register citation of    64865, October 20,
                            or Unclassified (PSD).                  the final rule].        2010) relating to
                                                                                SILs and SMCs that
                                                                                were affected by the
                                                                                January 22, 2013,
                                                                                U.S. Court of
                                                                                Appeals decision are
                                                                                not SIP approved.
                                                                                Iowa's rule
                                                                                incorporating EPA's
                                                                                2007 revision of the
                                                                                definition of
                                                                                ``chemical
                                                                                processing plants''
                                                                                (the ``Ethanol
                                                                                Rule,'' published
                                                                                May 1, 2007) or
                                                                                EPA's 2008
                                                                                ``fugitive emissions
                                                                                rule,'' (published
                                                                                December 19, 2008)
                                                                                are not SIP-
                                                                                approved.

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

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

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

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

0
4. Amend appendix A to part 70 by adding new paragraph (t) under Iowa
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Iowa

* * * * *
    (t) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.103, 567-22.106, 567-
22.107, and 567-30.4. The state effective date is April 18, 2018.
This revision is effective [date 60 days after date of publication
of the final rule in the Federal Register].
* * * * *
[FR Doc. 2018-21287 Filed 10-1-18; 8:45 am]
BILLING CODE 6560-50-P


From:
Allen Dittenhoefer<EMAIL_ADDRESS>Sent:
Friday, January 22, 2021 6:24 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Contact<EMAIL_ADDRESS>Knight, Jeffrey A<EMAIL_ADDRESS>Subject:
Byproducts Emissions Spreadsheets

Dr. Jones,

Attached is the spreadsheet with COETF comments on byproducts emissions, as well as nine (9) individual facility spreadsheets supporting our byproducts emission calculations.

Best regards,

Allen C. Dittenhoefer, Ph.D.
Principal

Environmental Planning Specialists, Inc.
45 U.S. Highway 46 East
Suite 601
Pine Brook, NJ 07058
Direct:<PHONE_NUMBER> (Ext. 12705)
Mobile<PHONE_NUMBER>
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[Federal Register: August 31, 2009 (Volume 74, Number 167)]
[Notices]
[Page 44833-44835]
[DOCID:fr31au09-65]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC09-500-001 and IC09-505-001]

Commission Information Collection Activities (FERC-500 and FERC-
505); Comment Request; Submitted for OMB Review

August 24, 2009.

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collections described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to the Federal Register
notice (74 FR 16377, 4/10/2009) and has made this notation in its
submissions to OMB.

DATES: Comments on the collections of information are due by September
30, 2009.

ADDRESSES: Address comments on the collections of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira__
<EMAIL_ADDRESS>and include OMB Control Numbers 1902-0058 (for
FERC-500) and 1902-0115 (for FERC-505) as points of reference. For
comments that pertain to only one of the collections, specify the
appropriate collection. The Desk Officer may be reached by telephone at
202-395-4638.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket Nos. IC09-500-001 and
IC09-505-001. Comments may be filed either electronically or in paper
format. Those persons filing electronically do not need to make a paper
filing. Documents filed electronically via the Internet must be
prepared in an acceptable filing format and in compliance with the
Federal Energy Regulatory Commission submission guidelines. Complete
filing instructions and acceptable filing formats are available at
http://www.ferc.gov/help/submission-guide/user-guide.pdf. To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    For paper filings, an original and 2 copies of the comments should
be submitted to the Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426, and should
refer to Docket Nos. IC09-500-001 and IC09-505-001.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice
and seeking public comment, FERC requests comments on both FERC-500
(``Application for License/Relicense for Water Projects with Capacity
Greater than 5 MW''; OMB Control No. 1902-0058) and FERC-505
(``Application for License/Relicense for Water Projects with Capacity 5
MW or Less''; OMB Control No. 1902-0115). The associated regulations,
reporting requirements, burdens, and OMB clearance numbers will
continue to remain separate and distinct for FERC-500 and FERC-505.
    FERC-500: The information collected under the requirements of FERC-
500 is used by the Commission to determine the broad impact of a
hydropower project (including hydrokinetic projects) license
application. In deciding whether to issue a license, the Commission
gives equal consideration to a full range of licensing purposes related
to the potential value of a stream, river, or other navigable waterway
including the oceans. Among these purposes are: hydroelectric or
hydrokinetic development; energy conservation; fish and wildlife
resources (including their spawning grounds and habitat); visual
resources; cultural resources; recreational opportunities; other
aspects of environmental quality; irrigation; flood control and water
supply. Submittal of the information is

necessary to fulfill the requirements of the Federal Power Act in order
for the Commission to determine whether the proposal is best adapted to
a comprehensive plan for improving or developing a waterway(s).
    Under Part I of the Federal Power Act (FPA; 16 U.S.C. 791a et
seq.), the Commission has the authority to issue licenses for
hydroelectric projects on the waters over which Congress has
jurisdiction. The Electric Consumers Protection Act (ECPA; Pub. L. 99-
495, 100 Stat. 1243) provides the Commission with the responsibility of
issuing licenses for nonfederal hydroelectric plants. ECPA also amended
the language of the FPA concerning environmental issues to ensure
environmental quality. In Order No. 2002 (68 FR 51070, August 25,
2003), the Commission revised its regulations to create a new licensing
process in which a potential license applicant's pre-filing
consultation and the Commission's scoping process pursuant to the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321) are conducted
concurrently rather than sequentially.
    The information collected is needed: (1) To evaluate license
applications pursuant to the comprehensive development standard of FPA
sections 4(e) and 10(a)(1), (2) to consider the comprehensive
development analysis of certain factors with respect to the new license
set forth in section 15, and (3) to comply with NEPA, Endangered
Species Act (16 U.S.C. 1531 et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.). FERC staff conducts a
systematic review of the application, with supplemental documentation
provided through the solicitation of comments from other agencies and
the public.
    Submittal of the FERC-500 information is necessary for the
Commission to carry out its Statutory responsibilities as defined in
the filing requirements in 18 CFR 4.32, 4.38, 4.40-41, 4.50-51, 4.61,
4.71, 4.93, 4.107-108, 4.201-.202, Part 5, 16.1, 16.10, 16.20, 292.203
and 292.208.
    FERC-505: Submission of the information is necessary for the
Commission to carry out its responsibilities in implementing the
statutory provisions of Part I of the FPA (16 U.S.C. 791a et seq. &
3301-3432, as amended by the ECPA (Pub. L. 99-495, 100 Stat. 1234
(1986)). The FPA as amended by ECPA provides the Commission with the
responsibility of issuing licenses for nonfederal hydroelectric power
plants, plus requiring the Commission in its licensing activities to
give equal consideration to preserving environmental quality. ECPA also
amended sections 10(a) and 10(j) of the FPA to specify the conditions
on which hydropower licenses are issued, to direct that the project be
adopted in accordance with a comprehensive plan that improves waterways
for interstate/foreign commerce and for the protection, enhancement and
mitigation of damages to fish and wildlife.
    Submittal of the information is necessary to fulfill the
requirements of Sections 9 and 10(a) of the Act in order for the
Commission to make the required finding that the proposal is
technically and environmentally sound, and is best adapted to a
comprehensive plan for the development of the water resources of the
region. Under section 405(c) of the Public Utility Regulatory Policies
Act of 1978 (PURPA), the Commission may in its discretion (by rule or
order) grant an exemption in whole or in part from the requirements of
Part I of the FPA to small hydroelectric power projects having a
proposed installed capacity of 5,000 kilowatts or less (5-MW
exemption). The filing requirements to prepare an application for a 5-
MW exemption in lieu of a licensing application are also included in
this analysis. The information collected under FERC-505 is used by
Commission staff to determine the broad impact of a license (including
licenses for hydrokinetic projects) or exemption application.
    The information collected for license applications is needed to
evaluate the hydroelectric project pursuant to the comprehensive
development standard of FPA sections 4(e) and 10(a)(1), to consider in
the comprehensive development analysis certain factors with respect to
the new license as set forth in section 15, and to comply with NEPA,
the Endangered Species Act (16 U.S.C. 1531 et seq.) and the National
Historic Preservation Act (16 U.S.C. 470 et seq.). The information
collected for 5-MW exemption applications is needed to evaluate the
hydroelectric project for compliance with NEPA, the Endangered Species
Act (16 U.S.C. 1531 et seq.), and the National Historic Preservation
Act (16 U.S.C. 470 et seq.). FERC staff conducts a systematic review of
the prepared application with supplemental documentation provided by
the solicitation of comments from other agencies and the public.
    The filing requirements are contained in 18 CFR 4.61, 4.71, 4.93,
4.107, 4.108, 4.201, 4.202, Part 5, 292.203, and 292.208.

ACTION: The Commission is requesting three-year extensions of the
current expiration dates for FERC-500 and FERC-505, with no change to
the existing reporting requirements.
    Burden Statement: The estimated annual public reporting burdens and
the associated public costs follow.\1\
---------------------------------------------------------------------------

    \1\ These figures may not be exact, due to rounding.

----------------------------------------------------------------------------------------------------------------
                                                                                Projected
                                                    Projected       Number of     average burden   Total annual
            Data collection \2\ \3\                 number of     responses per     hours per      burden hours
                                                   respondents     respondent        response
----------------------------------------------------------------------------------------------------------------
Annual Estimate for FERC-500...................               6               1        105,839.5         635,037
Annual Estimate for FERC-505...................              16               1          3,674            58,782
----------------------------------------------------------------------------------------------------------------
\2\ Per sections 4.41(e)(9), 4.51(e)(7) and 4.61(c)(3), applicants are now required to submit their total cost
  of collection; these figures were used in determining the average burden hours. The information presented here
  is based on actual Fiscal Year (FY) 2007 and FY 2008 filings.
\3\ The Commission has three licensing processes; each process has its own requirements and schedules. More
  details are available at http://www.ferc.gov/industries/hydropower/gen-info/licensing/licen-pro.asp.

    Using actual cost figures provided by filers \2\, the average
annual cost per respondent is estimated as follows.

----------------------------------------------------------------------------------------------------------------
                                                                            Total annual cost
                                                          Number of filers    of collection,   Projected average
                    Data collection                       providing actual    for the filers    annual cost per
                                                            cost figures    providing data in    respondent ($)
                                                                             column 2 ($) \2\
(1)                                                                    (2)                (3)            (3)/(2)
----------------------------------------------------------------------------------------------------------------
FERC-500...............................................                 17       $109,331,372         $6,431,257
FERC-505...............................................                 14          3,123,000            223,071
----------------------------------------------------------------------------------------------------------------

    The reporting burden \2\ includes the total time, effort, or
financial resources expended to generate, maintain, retain, disclose,
or provide the information including: (1) Reviewing instructions; (2)
developing, acquiring, installing, and utilizing technology and systems
for the purposes of collecting, validating, verifying, processing,
maintaining, disclosing and providing information; (3) adjusting the
existing ways to comply with any previously applicable instructions and
requirements; (4) training personnel to respond to a collection of
information; (5) searching data sources; (6) completing and reviewing
the collection of information; and (7) transmitting, or otherwise
disclosing the information.
    The estimate of cost for respondents \2\ is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collections of information
on those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20850 Filed 8-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 6, 2009 (Volume 74, Number 24)]
[Notices]
[Page 6277-6278]
[DOCID:fr06fe09-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

January 15, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP09-133-001.
    Applicants: Columbia Gas Transmission Corporation.
    Description: Columbia Gas Transmission Corporation submits Sixth
Revised Sheet 405 and Seventh Revised Sheet 406 to FERC Gas Tariff,
Second Revised Volume 1.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0172.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 21, 2009.

    Docket Numbers: RP09-212-000.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company submits Eighteenth
Revised Sheet 2 et al. to FERC Gas Tariff, Seventh Revised Volume 1 in
compliance with Order 717.
    Filed Date: 01/13/2009.
    Accession Number: 20090114-0190.
    Comment Date: 5 p.m. Eastern Time on Monday, January 26, 2009.

    Docket Numbers: RP09-213-000.
    Applicants: Gas Transmission Northwest Corporation.
    Description: Gas Transmission Northwest Corporation submits revised
tariff sheets, listed in Appendix A, to reflect tariff modifications
necessitated by Order 712.
    Filed Date: 01/13/2009.
    Accession Number: 20090114-0189.
    Comment Date: 5 p.m. Eastern Time on Monday, January 26, 2009.

    Docket Numbers: CP08-6-003.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits an
abbreviated application for limited amendment of certificate authority.
    Filed Date: 01/09/2009.
    Accession Number: 20090112-0181.
    Comment Date: 5 p.m. Eastern Time on Monday, January 26, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests

will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    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 St., NE., Washington, DC 20426.
    The filings in the above proceedings 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-2565 Filed 2-5-09; 8:45 am]

BILLING CODE 6717-01-P