             Benzene Content in Gasoline Spreadsheet Example Key                                Compliance Division                    Office of Transportation and Air Quality                      U.S. Environmental Protection Agency                                    May 2023                                                                                This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. OMB Control No 2060-0731. Responses to this collection of information are voluntary 1090 CFR 1360 through 1090 1365. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to average 180 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

PBMS0004                                   Disclaimer

The discussion in this document is intended solely as guidance.  The statutory provisions and EPA regulations described in this document contain legally binding requirements.  This document is not a regulation itself, nor does it change or substitute for those provisions and regulations.  Thus, it does not impose legally binding requirements on EPA, States, or the regulated community.  This spreadsheet example key does not confer legal rights or impose legal obligations upon any member of the public.

While EPA has made every effort to ensure the accuracy of the discussion in this spreadsheet example key for use with its associated spreadsheet example, the obligations of the regulated community are determined by statutes, regulations, or other legally binding requirements.  In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling.

The general description of the self-qualification process provided here may not apply to a particular situation.  Interested parties are free to raise questions about the substance of this spreadsheet example key, its associated spreadsheet example, and its applicability to a particular situation.  EPA may adopt approaches on a case-by-case basis that differ from those described in this spreadsheet template key.

Mention of trade names or commercial products does not constitute endorsement or recommendation for their use.

This is a living document and may be revised periodically without public notice.  EPA welcomes public input on this document at any time.

Introduction: On December 4, 2020, EPA promulgated regulatory streamlining requirements (see 85 FR 78412).

Beginning January 1, 2021, for benzene content in gasoline, a test facility must self-qualify a voluntary consensus-based standards body (VCSB) alternative test method to show that it has met the precision requirements codified in the regulations at §1090.1365(b).  A test facility must also self-qualify that it has met the qualification criteria for accuracy by conducting an ASTM D6708 assessment as codified in the regulations at §1090,1365(d).  The regulations also specify criteria for the reference installation of the EPA referee test method used to qualify accuracy of method defined alternative test method at §1090.1370.

If your test facility was utilizing the EPA referee test method, ASTM D5769-20 (IBR 1090.95(c)(25)), the regulations provide for an exemption in meeting these precision and accuracy self-qualification requirements (see §1090.1360(d)).  It is important to note, the on-going statistical quality control requirements at §1090.1375 apply to all methods, including the EPA referee test method.

The following spreadsheet example key applies to any party self-qualifying to the PBMS requirements at §1090.1365(b) and §1090.1365(d).  This guidance deals only with the initial self-qualification of analytical test methods in meeting these precision and accuracy requirements at a testing facility for measuring benzene content in gasoline.

The discussions of the applicable regulations in this document are not verbatim.  The reader is encouraged to read and become familiar with the applicable regulations of §1090.1360, §1090.1365, §1090.1370 and §1090.1375.  These instructions are intended to help a test facility self-qualify a VCSB analytical test method for the measurement of benzene content in gasoline.

Applicable Dates: These requirements for test method self-qualification under §1090.1365 became effective on January 1, 2021.

Note: Please see below for instructions on use of this spreadsheet example key along with its associated spreadsheet example for benzene content in gasoline which is provided by the Agency for determining compliance with the precision criteria of § 1090.1365(b) in Part I, the ASTM D6708 accuracy assessment requirements of § 1090.1365(d) in Part II and reference installation requirement of §1090.1370 along with other PBMS information in Part III.  We encourage parties to use this spreadsheet example key and its associated spreadsheet example for benzene content in gasoline as an affirmative defense in meeting the PBMS requirements at §1090.1360, §1090.1365, §1090.1370 and §1090.1375.

Part I - Precision demonstration for benzene content in gasoline.

Precision Criteria (§1090.1365(b)) -  the maximum allowable standard deviation computed from results of a minimum of 20 tests made over 20 days on samples using good laboratory practices taken from a single homogenous commercially available gasoline must be less than or equal to 0.15 times the Reproducibility (R), where "R" equals the ASTM reproducibility (R) of ASTM D5769-20, where R=0.221x(X[0.67]), (IBR §1090.95(c)(25)).  You may make up to 4 separate measurements in a 24-hour period, as long as the interval between measurements is at least 4 hours.  Example: A 1 percent by volume benzene content gasoline sample: maximum allowable standard deviation of 20 tests less than or equal 0.15*(0.221 volume percent) = 0.0332 volume percent.1

 In the workbook entitled "draft vcsb-benzene-content-gas-test-method-sprdsht-example (1)", locate the worksheet entitled, "Benzene Precision Demonstration".  Enter precision demonstration data in the light shaded green areas of the worksheet.  	1.	Test results should be entered to the nearest thousandth of a volume percent (0.001 volume percent). 	2.	The date and time of each test measurement must be reported. 	3.	Please include the laboratory sample test identification number for each test result.

 After entering the data into the light shaded green area of the "Benzene Precision Demonstration" worksheet, go to the "File" menu at the top of the screen and select "Save" to save your data.  Once all the data are entered into the "Benzene Precision Demonstration" worksheet, the standard deviation of the data set (located in cell B16), and an indication as to whether the benzene precision criterion are met will be determined by the worksheet.  The indication of "PASSED" or "FAILED" is located in in the worksheet in cell B15, after the question, "Is Benzene Content Precision Criterion Met?".  If the worksheet is missing required data, an indication of "REQUIRED DATA MISSING" will appear after this question.  There is a QC data entry check for each test result in column E (i.e., if data is entered in a test result cell, an indication of "OK" will appear next to that cell, but if no data is entered in a test result cell, an indication of "DATA REQUIRED IN CELL #" will appear next to that cell).  Note: If the applicant wishes to include more than the 20 minimum tests, please report the additional data by adding rows to the spreadsheet.2

Part II - ASTM D6708-19a Accuracy demonstration for benzene content in gasoline (§1090.1365(d)).

 In the workbook entitled "Spreadsheet Example VCSB benzene content gasoline test method", locate the worksheet entitled, "D6708 Assessment Accuracy".  Enter applicable information as discussed below in the D6708 Assessment Accuracy worksheet.

 Include information reported in the test method documentation to the user of the voluntary consensus-based standard body (VCSB) organization test method, including a description of the technology and/or instrumentation that makes the method functional.

 Include information reported in the test method that demonstrates the test facility is using a VCSB test method ASTM D6708-19a assessment (§1090.1365(d), IBR 1090.95(c)(33)).  Indicate by typing "Yes" in cell "B15".

 Include the correlation equation from the ASTM D6708 assessment to utilize for reporting purposes for the fuel parameter in cell "B16".  If the ASTM D6708 assessment between the candidate VCSB alternative test method and the EPA referee test method, ASTM D5769, results in a "null" comparison, then type the word "null" in cell "B16" indicating the ASTM D6708 assessment has determined the VCSB alternative test method provides equivalent results to its respective EPA referee test method, ASTM D5769 (IBR 1090.95(c)(25)).

                   - Part III  -  Additional PBMS Information.

A.	§1090 CFR 1365. For test methods that are approved by a voluntary consensus-based standards body (VCSB) organization, such as the American Society for Testing and Materials (ASTM) or International Standards Organization (ISO), each individual test facility must demonstrate through self-qualification that the applicable for accuracy and precision criteria specified under §1090.1365 are met (Please see Part I and Part II of this spreadsheet example key).  The self-qualification of the test method is limited to the single test facility that performed the testing for accuracy and precision.

B.	§1090.1360(5)(i). Testing you performed to qualify alternative procedures under 40 CFR part 80.47 continues to be valid for making the demonstrations required in part 1090.

C.	§1090.1370. Reference installation requirements at §1090.1370 are used for grounding the EPA referee test method, ASTM D5769-20 (IBR 1090.95(c)(25) for use in the ASTM D6708-19a (IBR 1090.95(c)(33)), accuracy assessment with the candidate alternative test method.

D.	§1090.1375. Quality Assurance procedures for benzene content in gasoline measurement instrumentation.  A test method shall not be considered a test using an approved test method unless the quality control procedures specified at 1090.1375 for both precision and accuracy are met separately for each instrument at the test facility.

E.	§1090.1345. See this section of the regulations for sample retention requirements that apply to your specific test facility.

F.	§1090 CFR 1200. Record retention requirements for approved test methods. Each individual test facility must retain records related to the establishment of accuracy and precision values, all test method documentation, and any quality control test and analysis under §1090.1365, §1090.1370 and §1090.1375 for five years.  EPA Contact: <EMAIL_ADDRESS>


[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7543-7544]
[FR Doc No: 2020-02579]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-27-000]

North Baja Pipeline, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed North Baja Xpress Project and
Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the North Baja Xpress Project
involving construction and operation of facilities by North Baja
Pipeline, LLC (North Baja) in La Paz County, Arizona and Imperial
County, California. The Commission will use this EA in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of issues
to address in the EA. To ensure that your comments are timely and
properly recorded, please submit your comments so that the Commission
receives them in Washington, DC on or before 5:00pm Eastern Time on
March 2, 2020.
    You can make a difference by submitting your specific comments or
concerns about the project. 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 filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on December 16, 2019, you will need to file
those comments in Docket No. CP20-27-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    North Baja provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP20-27-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 1.\1\
---------------------------------------------------------------------------

    \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'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>. For instructions on connecting to
eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Summary of the Proposed Project

    The North Baja Xpress Project would consist of the following
facility modifications in La Paz County, Arizona:
     The installation of one new 31,900 ISO horsepower Solar
Turbine Titan 250 compressor unit and the restaging of two existing
7,700 ISO horsepower Solar Taurus 60 turbine compressor units to
provide second-stage compression in series flow at the existing
Ehrenberg Compressor Station; and

     the installation of additional flow measurement facilities
and piping modifications at the existing El Paso Meter Station.
    The North Baja Xpress Project would additionally consist of the
following facility modifications in Imperial County, California:
     The installation of additional flow measurement facilities
and piping modifications at the existing Ogilby Meter Station.
    The project would create 495,000,000 cubic feet per day of
incremental firm delivery to the United States/Mexico border. The
general location of the project facilities is shown in appendix 2.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the project would disturb 31.84 acres. Following
construction, 8.42 acres would be converted to new permanent use at the
Ehrenberg Compressor Station, and 0.1 acre would be converted to new
permanent use at the El Paso Meter Station.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \3\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2.
---------------------------------------------------------------------------

    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Offices,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ The EA for this project will
document findings on the impacts on historic properties and summarize
the status of consultations under section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 3).

Additional Information

    Additional information about the project is 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, excluding the last three digits (i.e.,
CP20-27). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: January 31, 2020.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-02579 Filed 2-7-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49675-49676]
[FR Doc No: 2019-20193]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9999-95-Region 6]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the South Valley
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces
the deletion of Operable Units 1, 2, and 5 of the South Valley
Superfund Site (Site) located in Albuquerque, New Mexico, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This partial deletion pertains to Operable Units 1, 2, and 5. Operable
Units 3, 4, and 6 will remain on the NPL and are not being considered
for deletion as part of this action. The EPA and the State of New
Mexico, through the New Mexico Environment Department, have determined
that all appropriate response actions under CERCLA, other than
operation and maintenance and five-year reviews, have been completed.
However, this partial deletion does not preclude future actions under
Superfund.

DATES: This action is effective September 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1983-0002. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not 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 https://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers and viewing hours are:

Zimmerman Library, Government Information Department University of New
Mexico, Albuquerque NM 87131,<PHONE_NUMBER>, Monday-Thursday--7 a.m.- 2
a.m., Friday--7 a.m.-9 p.m., Saturday--10 a.m.-6 p.m., Sunday--12 p.m.-
2 a.m.
New Mexico Environment Department, Harold Runnels Building, 1190 St.
Francis Drive, Santa Fe, NM 87505,<PHONE_NUMBER>, Monday-Friday 8 a.m.-5
p.m.

FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 6, Mailcode--
SEDRL, 1201 Elm Street, Dallas, Texas 75270-2102,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from
the NPL is: Operable Units 1, 2, and 5 of the South Valley Superfund
Site, Albuquerque, New Mexico. A Notice of Intent for Partial Deletion
for this Site was published in the Federal Register (83 FR 36838) on
July 31, 2018.
    The closing date for comments on the Notice of Intent for Partial
Deletion was August 30, 2018. Based upon comments, the EPA conducted an
informational meeting on December 11, 2018, in Albuquerque, New Mexico,
to provide information to the public concerning the proposed partial
deletion. Subsequently, the EPA reopened the public comment period
published in the Federal Register (84 FR 33721) on July 15, 2019. The
closing date for comments from the reopened comment period was August
14, 2019. All comments received since the July 31, 2018, Notice of
Intent for Partial Deletion were considered by the EPA. Thirty-four
comments, generally addressing the partial deletion process, were
received during two public comment periods. The comments did not
contain information indicating that the response actions for Operable
Units 1, 2, and 5 did not meet the Site remedy decision requirements,
or that these portions of the Site do not otherwise satisfy EPA
criteria for partial deletion (included in Section 300.425(e) of the
NCP and consistent with the Notice of Policy Change: Partial Deletion
of Sites Listed on the NPL, 60 FR 55466 (Nov. 1, 1995)). Therefore, the
EPA has determined that Operable Units 1, 2, and 5, will be deleted
from the National Priorities List. A responsiveness summary was
prepared and placed in both the docket, EPA-HQ-SFUND-1983-0002, on
www.regulations.gov, and in the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion of a site from the NPL does not preclude further remedial
action. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system. Deletion of portions of a
site from the NPL does not affect responsible party liability, in the
unlikely event that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: September 10, 2019.
 Ken McQueen,
Regional Administrator, Region 6.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

0
2. Table 1 of appendix B to part 300 is amended by revising the entry
for ``NM, South Valley'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                        Site name               City/county                Notes \a\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
NM..................................  South Valley...........  Albuquerque............  P

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
 * * * * * * *
P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2019-20193 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Proposed Rules]
[Pages 25236-25242]
[FR Doc No: 2013-10168]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2013-0274, FRL-9807-6]

Approval and Promulgation of Implementation Plans; New York;
Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine
Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve most elements of New York's State Implementation Plan (SIP)
revisions submitted to demonstrate that the State meets the
requirements of the Clean Air Act (CAA) for the 1997 8-hour ozone and
the 1997 and 2006 fine particulate matter (PM2.5) National
Ambient Air Quality Standards (NAAQS). EPA is also proposing to
conditionally approve certain elements of New York's submittals. The
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by the EPA and is commonly referred to as an infrastructure SIP.

DATES: Comments must be received on or before May 30, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2013-0274, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Richard Ruvo, Acting Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Richard Ruvo, Acting Chief, Air Programs
Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway,
25th Floor, New York, New York 10007-1866. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2013-0274. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:30 a.m.
to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?
II. What is the background information?
III. What is a section 110(a)(1) and (2) SIP?
IV. What elements are required under section 110(a)(1) and (2)?
V. What did New York submit?
VI. How has the State addressed the elements of the section
110(a)(1) and (2) ``infrastructure'' provisions?
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to approve and conditionally approve elements of
the State of New York Infrastructure SIP as meeting the section 110(a)
infrastructure requirements of the Clean Air Act (CAA) for the 1997
ozone, 1997 PM2.5 and 2006 PM2.5 National Ambient
Air Quality Standards (NAAQS or standards). As explained below, the
State has the necessary infrastructure, resources, and general
authority to implement the 1997 8-hour ozone and 1997 and 2006
PM2.5 standards, except where specifically noted.

II. What is the background information?

    On July 18, 1997, EPA promulgated new and revised NAAQS for 8-hour
ozone (62 FR 38856) and PM2.5 (62 FR 38652). The ozone NAAQS
is based on 8-hour average concentrations. The 8-hour averaging period
replaced the previous 1-hour averaging period, and the level of the
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm \1\.
The new PM2.5 NAAQS established a health-based standard of
15.0 micrograms per cubic meter ([micro]g/

m\3\) based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour standard of 65 [micro]g/m\3\ based on a
3-year average of the 98th percentile of 24-hour concentrations. EPA
strengthened the 24-hour PM2.5 NAAQS from 65 [micro]g/m\3\
to 35 [micro]g/m\3\ on October 17, 2006 (71 FR 61144) \2\.
---------------------------------------------------------------------------

    \1\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). On September 22, 2011, EPA clarified that the current
ozone standard is set at 75 ppb. EPA is not addressing the 2008
ozone NAAQS in this rulemaking.
    \2\ EPA issued a revised PM2.5 standard on January
15, 2013 (78 FR 3086). EPA is not addressing the 2012
PM2.5 NAAQS in this rulemaking.
---------------------------------------------------------------------------

    Section 110(a) of the CAA requires states to submit State
Implementation Plans (SIPs) that provide for the implementation,
maintenance, and enforcement of new or revised NAAQS within three years
following the promulgation of such NAAQS.

III. What is a section 110(a)(1) and (2) SIP?

    Section 110(a)(1) provides the procedural and timing requirements
for SIPs. Section 110(a)(2) lists specific elements that states must
meet for ``infrastructure'' SIP requirements related to a newly
established or revised NAAQS. Sections 110(a)(1) and (2) of the CAA
requires, in part, that states submit to EPA plans to implement,
maintain and enforce each of the NAAQS promulgated by EPA. EPA
interprets this provision to require states to address basic SIP
requirements including emission inventories, monitoring, and modeling
to assure attainment and maintenance of the standards. By statute, SIPs
meeting the requirements of section 110(a)(1) and (2) are to be
submitted by states within three years after promulgation of a new or
revised standard. These SIPs are commonly called infrastructure SIPs.
In 1997, EPA promulgated the 8-hour ozone primary and secondary NAAQS
and a new annual and 24-hour PM2.5 NAAQS. Intervening
litigation over the 1997 standards caused a delay in SIP submittals. In
2006, EPA promulgated a new 24-hour PM2.5 NAAQS.

IV. What elements are required under section 110(a)(1) and (2)?

    The infrastructure requirements are listed in EPA's October 2,
2007, memorandum entitled ``Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards'' and September
25, 2009, memorandum entitled ``Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards.\3\ The 14
elements required to be addressed are as follows: (1) Emission limits
and other control measures; (2) ambient air quality monitoring/data
system; (3) program for enforcement of control measures; (4) interstate
transport; (5) adequate resources; (6) stationary source monitoring
system; (7) emergency power; (8) future SIP revisions; (9) consultation
with government officials; (10) public notification; (11) prevention of
significant deterioration (PSD) and visibility protection; (12) air
quality modeling/data; (13) permitting fees, and (14) consultation/
participation by affected local entities.
---------------------------------------------------------------------------

    \3\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards'' which can be found at http://www.epa.gov/ttn/oarpg/t1/memoranda/110a_sip_guid_fin100207.pdf
and ``Guidance on SIP Elements Required Under Sections 11O(a)(l) and
(2) for the 2006 24-Hour Fine Particle (PM2.5) National
Ambient Air Quality Standards (NAAQS)'' which can be found at http://www.epa.gov/ttn/oarpg/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
---------------------------------------------------------------------------

    Two elements identified in section 110(a)(2) are not governed by
the 3 year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
due at the time that the nonattainment area plan requirements are due
pursuant to section 172. See 77 FR 46354 (August 3, 2012); 77 FR 60308
(October 3, 2012, footnote 1). These requirements are: (1) submissions
required by section 110(a)(2)(C) to the extent that subsection refers
to a permit program as required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D, Title I of the CAA. As a
result, this action does not address the above infrastructure elements
related to section 110(a)(2)(C) or 110(a)(2)(I).
    This action also does not address the requirements of section
110(a)(2)(D)(i) for the 1997 ozone and 1997 PM2.5 NAAQS,
since they had been addressed in previous rulemakings. See January 24,
2008 (73 FR 4109). Additionally, this action does not address the
requirements of section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 NAAQS, which was addressed in a previous EPA
rulemaking. See July 20, 2011 (76 FR 43153).

Scope of Infrastructure SIPs

    This rulemaking will not cover four substantive issues that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (``SSM'') at sources, that may be
contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); (iii) existing provisions for minor source
NSR programs that may be inconsistent with the requirements of the CAA
and EPA's regulations that pertain to such programs (``minor source
NSR''); and, (iv) existing provisions for PSD programs that may be
inconsistent with current requirements of EPA's ``Final NSR Improvement
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007) (``NSR Reform''). A detailed rationale for why these
four substantive issues are not part of the scope of infrastructure SIP
rulemakings can be found in EPA's July 13, 2011, final rule entitled,
``Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Indiana; Michigan; Minnesota; Ohio; Wisconsin; Infrastructure
SIP Requirements for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' in the section entitled,
``What is the scope of this final rulemaking?'' (76 FR 41075 at 41076-
41079).

V. What did New York Submit?

    EPA is acting on three New York SIP submittals, dated December 13,
2007, October 2, 2008 and March 15, 2010, which address the section 110
infrastructure requirements for the three NAAQS: the 1997 8-hour ozone
NAAQS, the 1997 annual and 24-hour PM2.5 NAAQS, and the 2006
24-hour PM2.5 NAAQS.

December 13, 2007 SIP submission

    New York's section 110 infrastructure submittal was submitted by
the New York State Department of Environmental Conservation (NYSDEC) on
December 13, 2007 and addressed the 1997 ozone NAAQS. Effective April
28, 2008, the submittal was determined to be complete for all elements
except 110(a)(2)(C). 73 FR 16205 (March 27, 2008). New York's December
13, 2007 section 110 submittal demonstrates how the State, where
applicable, has a plan in place that meets the requirements of section
110 for the 1997 8-hour ozone NAAQS. This plan references the current
New York Air Quality SIP, the New York Codes of Rules and Regulations
(NYCRR), the New York Environmental Conservation Law (ECL) and the New
York Public Officer's Law (POL). The NYCRR, ECL and POL

referenced in the submittal are publicly available. New York's air
pollution control regulations that have been previously approved by EPA
and incorporated into the New York SIP can be found at 40 CFR 52.1670
and are posted on the Internet at: http://www.epa.gov/region02/air/sip/ny_reg.htm.

October 2, 2008 SIP submission

    New York's section 110 infrastructure submittal for the 1997
PM2.5 NAAQS was submitted by the NYSDEC on October 2, 2008,
and the submittal was deemed complete April 2, 2009.

March 15, 2010 SIP submission

    New York's section 110 infrastructure submittal for the 2006
PM2.5 24-hour NAAQS was submitted by the NYSDEC on March 15,
2010, and the submittal was deemed complete September 15, 2010.
    EPA's evaluation of all three submittals is detailed in the
``Technical Support Document for EPA's Proposed Rulemaking for the New
York's State Implementation Plan Revision: State Implementation Plan
Revision For Meeting the Infrastructure Requirements In the Clean Air
Act Dated December 13, 2007, October 2, 2008 and March 15, 2010''
(TSD). As explained in the ADDRESSES section of this action, the TSD is
available in the docket (EPA-R02-OAR-2013-0274) for this action and at
the EPA Region 2 Office.

VI. How has the State addressed the elements of the section 110(a)(1)
and (2) ``infrastructure'' provisions?

A. Emission Limits and Other Control Measures

    Section 110(a)(2)(A) requires SIPs to include enforceable emission
limits and other control measures, means, or techniques, and schedules
for compliance. EPA notes that the specific nonattainment area plan
requirements of section 110(a)(2)(I) are subject to the timing
requirement of section 172, not the timing requirement of section
110(a)(1). New York's ECL section 19-0301, provides the NYSDEC with
power to formulate, adopt and promulgate, amend and repeal codes and
rules and regulations for preventing, controlling and prohibiting air
pollution in such areas of the State as shall or may be affected by air
pollution. The federally enforceable New York SIP contains enforceable
emission limits and other control measures. EPA is proposing to
determine that New York has met the requirements of section
110(a)(2)(A) of the CAA with respect to the 1997 8-hour ozone and the
1997 and 2006 PM2.5 NAAQS.

B. Ambient Air Quality Monitoring/Data System

    Section 110(a)(2)(B) requires SIPs to include provisions to provide
for establishment and operation of ambient air quality monitors, to
monitor, compile and analyze ambient air quality data, and to make
these data available to EPA upon request. New York, under its authority
provided in ECL subsection 19-0305(2)(d), operates and maintains a
network of ambient air quality monitors used to sample the degree of
air pollution throughout the State and submits the data collected to
EPA. New York has submitted annual air monitoring network plans which
have been approved by EPA. The most recent was approved by EPA on
October 18, 2012. EPA is proposing to determine that New York has met
the requirements of section 110(a)(2)(B) of the CAA with respect to the
1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS.

C. Program for Enforcement of Control Measures

    Section 110(a)(2)(C) requires states to have a plan that includes a
program providing for enforcement of all SIP measures and the
regulation of the modification and construction of any stationary
source, including a program to meet Prevention of Significant
Deterioration (PSD) and minor source new source review.
    The NYSDEC is authorized by ECL section 19-0305, to enforce the
codes, rules and regulations of the NYCRR. The minor source permitting
and enforcement programs operate under Title 6 NYCRR Part 201,
``Permits and Registrations''. EPA proposes to find that the State has
adequate authority and regulations to insure that SIP approved control
measures are enforced for the 1997 8-hour ozone and the 1997
PM2.5 and 2006 PM2.5 NAAQS.
    On March 3, 2009, the State of New York, through the NYSDEC,
submitted to EPA Region 2 revisions to the New York SIP. The submittal
consists of revisions to three regulations. The affected regulations
are: 6 NYCRR Part 231, ``New Source Review for New and Modified
Facilities''; 6 NYCRR Part 200, ``General Provisions''; and 6 NYCRR
Part 201, ``Permits and Certificates''. The purpose of these revisions
were to revise the New York State PSD program regulations and to update
the existing New York State nonattainment regulations consistent with
changes to the Federal NSR regulations published on December 31, 2002
(67 FR 80186). On November 17, 2010 (75 FR 70140), EPA approved the New
York PSD program.
    EPA proposes to find that the State has adequate authority and
regulations to ensure that SIP-approved control measures are enforced.
EPA also finds that based on the approval of New York's PSD program,
New York has the authority to regulate the construction of new or
modified stationary sources to meet the PSD program requirements. EPA
is proposing to determine that New York has met the requirements of
section 110(a)(2)(C) and (J) of the CAA with respect to the 1997 8-hour
ozone and the 1997 and 2006 PM2.5 NAAQS.

D. Interstate Transport

    Section 110(a)(2)(D) is divided into two subsections,
110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) consists
of two subsections (I) and (II), each of which has two ``prongs.'' The
two prongs under 110(a)(2)(D)(i)(I) prohibit any source or other type
of emissions activity within the State from emitting any air pollutants
in amounts which will (prong 1) contribute significantly to
nonattainment in any other state with respect to any primary or
secondary NAAQS, and (prong 2) interfere with maintenance by any other
state with respect to any primary or secondary NAAQS. The two prongs
under 110(a)(2)(D)(i)(II) prohibit any source or other type of
emissions activity within the state from emitting any air pollutants in
amounts which will interfere with measures required to be included in
the applicable implementation plan for any other state under part C
(prong 3) to prevent significant deterioration of air quality or (prong
4) to protect visibility.
    Section 110(a)(2)(D)(ii) addresses interstate and international
pollution abatement, and requires SIPs to include provisions insuring
compliance with sections 115 and 126 of the CAA, relating to interstate
and international pollution abatement.
    In this action for New York, with respect to section
110(a)(2)(D)(i), we are only addressing prong 3 (i.e., interference
with PSD) and prong 4 (i.e., to protect visibility) of
110(a)(2)(D)(i)(II). EPA previously took rulemaking action on prong 1
and prong 2 on January 24, 2008 (73 FR 4109) for the 1997 ozone and
1997 PM2.5 NAAQS, and July 20, 2011 (76 FR 43153) for the
2006 PM2.5 NAAQS, respectively. For prong 3, as discussed
previously under (C) (Program for enforcement of control measures), on
November 17, 2010 (75 FR 70140), EPA approved the New York PSD program.
A state's infrastructure SIP submittal can be considered for
approvability with respect to prong 3 if

EPA has issued final approval of that state's PSD SIP or,
alternatively, has issued final approval of a SIP that EPA has
otherwise found adequate to prohibit interference with other states'
measures to prevent significant deterioration of air quality.
Therefore, we are proposing to approve New York's 110(a) submissions
for prong 3 of 110(a)(2)(D)(i)(II) because New York has a federally
approved PSD program.
    For prong 4, New York has met its obligations pursuant to section
110(a)(2)(D)(i)(II) for visibility protection for all three NAAQS
through its Regional Haze SIP submittals, which were approved by EPA on
August 28, 2012 (77 FR 51915). The regional haze rule specifically
requires that a state participating in a regional planning process
include all measures needed to achieve its apportionment of emission
reduction obligations agreed upon through that process. Thus, New
York's approved Regional Haze SIP will ensure that emissions from
sources within the State are not interfering with measures to protect
visibility in other states. Therefore, EPA proposes to find for 8-hr
ozone and PM2.5 NAAQS that New York satisfies the section
110(a)(2)(D)(i)(II) requirement for visibility.
    Regarding section 110(a)(2)(D)(ii), which relates to interstate and
international pollution abatement, as noted above, on November 17, 2010
(75 FR 70140), EPA approved the New York PSD program which is
consistent with 40 CFR 51.166(q)(2)(iv), and requires a source to
notify air agencies whose lands may be affected by emissions from that
source (see 6 NYCRR sections 231-7.4(f) and 8.5(f)). New York has no
pending obligations under section 115 or 126(b) of the CAA. Therefore,
we are proposing to approve New York's submissions for infrastructure
element 110(a)(2)(D)(ii).

E. Adequate Resources

    Section 110(a)(2)(E) requires each state to provide necessary
assurances that the state (i) will have adequate personnel, funding,
and authority under state law to carry out the SIP (and is not
prohibited by any provision of federal or state law from carrying out
the SIP or portion thereof), (ii) will comply with the requirements
respecting state boards under section 128, and (iii) where the state
has relied on a local or regional government, agency, or
instrumentality for the implementation of any SIP provision, the state
has responsibility for ensuring adequate implementation of such SIP
provision.
    New York has adequate authority, under ECL sections 19-0301, 0303
and 0305, to carry out its SIP obligations with respect to the 1997
ozone and 1997 and 2006 PM2.5 NAAQS. New York receives
sections 103 and 105 grant funds along with required State-matching
funds to provide funding necessary to carry out its SIP requirements.
Therefore, EPA proposes to find New York has sufficient resources to
meet the requirements of section 110(a)(2)(E)(i) for the 1997 8-hr
ozone and 1997 and 2006 PM2.5 NAAQS.
    Congress added section 128 in the 1977 amendments. Titled ``State
boards,'' section 128 provides in relevant part: (a) Not later than the
date one year after August 7, 1977, each applicable implementation plan
shall contain requirements that: (1) Any board or body which approves
permits or enforcement orders under [this Act] shall have at least a
majority of members who represent the public interest and do not derive
any significant portion of their income from persons subject to permits
or enforcement orders under [this Act], and (2) Any potential conflicts
of interest by members of such board or body or the head of an
executive agency with similar powers be adequately disclosed. New York
does not have a state board that approves permits or enforcement orders
under the CAA. Instead, permits and enforcement orders are approved by
the State's Commissioner of Environmental Conservation. Thus, the
requirements of subsection 128(a)(1) are not applicable to New York.
New York is subject to the requirements of section 128(a)(2). In its
SIP submission New York cited POL sections 74(2) and 74(3)(e) which
address conflict of interest. However, after further discussion with
NYSDEC, it is more relevant to cite POL section 73-a, ``Financial
disclosure'' and 19 NYCRR 937, ``Access To Publicly Available
Records,'' as satisfying the section 128(a)(2) requirement. EPA
proposes to conditionally approve the infrastructure SIP in fulfilling
the requirements of section 110(a)(2)(E)(ii) for 1997 8-hour ozone and
PM2.5 NAAQS, provided the State submits POL section 73-a and
19 NYCRR 937 for approval as part of the SIP. In the alternative,
should New York provide this information before we take final
rulemaking, EPA will fully approve section 110(a)(2)(E)(ii).
    Section 110(a)(2)(E)(iii) requires states to provide necessary
assurances that, where the state has relied on a local or regional
government, agency or instrumentality for the implementation of any
provision of the SIP, the state has responsibility for ensuring
adequate implementation of the SIP provision. The NYSDEC has delegation
authority for inspection and enforcement efforts of various regulations
under the general enforcement powers provided in ECL section 19-0305.
    While New York has the authority to delegate responsibilities to
county or local governments to implement certain SIP responsibilities,
the information provided in both infrastructure SIP submittals does not
identify the specific organizations that will participate in
developing, implementing, and enforcing the plan and the
responsibilities of such organizations. EPA proposes to conditionally
approve the infrastructure SIP with regard to the requirements of
section 110(a)(2)(E)(iii). The State must identify the county or local
governments or entities that participate in the SIP planning efforts,
identify the county or local governments or entities that have been
delegated responsibilities to implement or enforce portions of the SIP,
and provide copies of the delegation orders or memoranda of
understanding (MOUs) between the State and the county or local
governments or entities. Since it is EPA's understanding that this
deficiency involves information that exists but was not provided in the
SIP submittal, EPA proposes to conditionally approve section
110(a)(2)(E)(iii) for the 1997 8-hour ozone and 1997 and 2006
PM2.5 NAAQS. In the alternative, should New York provide
this information before we take final rulemaking, EPA will fully
approve section 110(a)(2)(E)(iii).

F. Stationary Source Monitoring System

    Section 110(a)(2)(F) requires states to establish a system to
monitor emissions from stationary sources and to submit periodic
emission reports.
    The NYSDEC has the authority pursuant to ECL subsection 19-
0311(3)(c) to require emissions monitoring, recordkeeping and reporting
of stationary sources before an operating permit is issued or renewed.
NYSDEC has adopted regulations to implement the federal requirements
for stationary source emissions monitoring, reporting and recordkeeping
in 6 NYCRR Part 201-6.4(b) and (c).
    The NYSDEC adopted 6 NYCRR Part 202, ``Emission Verification,'' to
require emissions reports from stationary sources. Further 6 NYCRR Part
616, Access to Records, specifically allows emission information to be
made available to the public.
    Based on the authority pursuant to ECL subsection 19-0311(3)(c) and
the adoption of the Part 202, specifically subpart 202-2, ``Emission
Statements,'' EPA is proposing to find that New York has met the
requirements of section

110(a)(2)(F) for the 1997 8-hr ozone and 1997 and 2006 PM2.5
NAAQS.

G. Emergency Power

    Section 110(a)(2)(G) requires states to provide for authority to
address activities causing imminent and substantial endangerment to
public health, including contingency plans to implement the emergency
episode provisions in their SIPs.
    For PM2.5, EPA's guidance dated September 25, 2009 \4\
provides clarification that states that have air quality control
regions identified as either Priority I, Priority IA or Priority II by
the ``Prevention of Air Pollution Emergency Episodes'' rules at 40 CFR
51.150 must develop emergency episode contingency plans. States are
required to develop emergency episode plans for any area that has
monitored and recorded 24-hour PM2.5 levels greater than
140.4 [micro]g/m\3\ since 2006. A state that has never exceeded this
level since 2006 is considered to be Priority III. 40 CFR 51.150(f). In
accordance with the guidance, a Priority III area may certify that it
has appropriate general emergency powers to address PM2.5-
related episodes, and is not required to adopt specific emergency
episode plans at this time, given the existing monitored levels.
---------------------------------------------------------------------------

    \4\ See Guidance on SIP Elements Required Under Sections
110(a)(l) and (2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS),
from William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards, dated September 25,
2009.
---------------------------------------------------------------------------

    Since 2006, air-quality monitors in New York show that
PM2.5 levels have been below the 140.5 [mu]g/m\3\ threshold.
Based on air quality data, New York should be classified as a Priority
III region and, therefore, emergency episode plans for PM2.5
are not required.
    However, in general and for the 1997 ozone standard, the section
110(a)(2)(G) requirements are addressed by New York's ECL, Articles 3
and 19, which are implemented through 6 NYCRR Part 207, ``Control
Measures for Air Pollution Episodes.'' Among other things, 6 NYCRR Part
207 requires persons who own a significant air contamination source to
submit a proposed episode action plan to the NYSDEC Commissioner, and
enable the Commissioner to designate air pollution episodes which
trigger the action plans. Pursuant to Part 207.3(a), the NYSDEC
Commissioner shall have on file and make available the criteria used in
determining the need to designate episodes. The NYSDEC maintains an
``Episode Action Plan'' with guidelines and protocols/criteria to be
followed in case of an air pollution emergency. The NYSDEC's Episode
Action Plan has been updated to reflect the PM2.5
Significant Harm Levels (SHLs) proposed by EPA on January 15, 2009
along with revised values for ozone episodes. Therefore, New York has
met the requirements of section 110(a)(2)(G) for the 1997 8-hour ozone
and the 1997 and 2006 PM2.5 standards.

H. Future SIP Revisions

    Section 110(a)(2)(H) requires states to have the authority to
revise their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining NAAQS, and in response to an EPA finding
that the SIP is substantially inadequate.
    Revisions to the New York SIP are authorized by Article 19 and
sections 3-0301, 19-0103, 19-0301, 19-0303 and 19-0305 of the ECL.
Article 19 of the ECL was adopted to protect New York's air resources
from pollution and to put into effect the policy of the State to
maintain a reasonable degree of purity of the air resources, consistent
with the public health and welfare and the industrial development of
the State. NYSDEC is granted specific powers and duties, including the
power to promulgate regulations for preventing, controlling, or
prohibiting air pollution. NYSDEC also has the specific authority to
regulate motor vehicle exhaust and approve air contaminant control
systems as well as regulate fuels. Section 71-2103 provides general
enforcement authority for the New York State air regulations. Section
71-2105 provides criminal enforcement authority. Thus, New York has the
authority to revise SIPs and provide for enforcement in response to
changes in the NAAQS and improve methods for attaining the NAAQS. EPA
proposes to find that the State has adequate authority to develop and
implement plans and programs that fulfill the requirements of section
110(a)(2)(H) for the 1997 8-hr ozone and 1997 and 2006 PM2.5
NAAQS.

I. Nonattainment Area Plans Under Part D

    Section 110(a)(2)(I) of the CAA requires that each such plan shall
``in the case of a plan or plan revision for an area designated as a
nonattainment area, meet the applicable requirements of part D of this
subchapter (relating to nonattainment areas).'' EPA is not evaluating
nonattainment-related provisions, the NSR program required by part D in
section 110(a)(2)(C) and measures for attainment required by section
110(a)(2)(I), as part of the infrastructure SIPs because, as discussed
elsewhere in this proposal, these submittals have been addressed by
other SIP revisions which EPA has or will be acting on in other
rulemakings.

J. Consultation With Government Official, Public Notification, PSD, and
Visibility Protection

    Section 110(a)(2)(J) requires states to meet the applicable
requirements of CAA section 121, relating to consultation, CAA section
127, relating to public notification, and CAA title I, part C, relating
to the prevention of significant deterioration of air quality and
visibility protection.

Consultation With Government Officials

    Section 121 requires a process for consultation with local
governments and Federal Land Managers carrying out NAAQS implementation
requirements. EPA finds that the 110(a) submittals from New York, and
the cited authority of section 3-0303 of the ECL, meet the requirements
of section 110(a)(2)(J) for consultation with government officials.

Public Notification

    Section 127 requires that the state plan include measures to
effectively notify the public of any NAAQS exceedances, advise the
public of health hazards associated with such pollution, and include
measures to enhance public awareness of measures that can be taken to
prevent exceedances.
    The NYSDEC's Web site, at http://www.dec.nv.qov/chemical/34985.html
contains an Air Quality Index (AQI) for reporting daily air quality to
the public. It describes how clean or polluted the air is, and what
associated health effects might be a concern. It was created as a way
to correlate levels of different pollutants to one scale; the higher
the AQI value, the greater the health concern. When levels of ozone
and/or fine particles are expected to exceed an AQI value of 100, an
Air Quality Health Advisory is issued alerting sensitive groups to take
the necessary precautions. The NYSDEC, in cooperation with the New York
State Department of Health, posts warnings on the above-referenced Web
site and issues press releases to local media outlets if dangerous
conditions are expected to occur. The Air Quality Forecast displays the
predicted AQI value for eight regions in New York State. It also
displays the observed values for the previous day. Air quality
measurements from New York's statewide continuous monitoring network
are updated hourly where available. Parameters monitored include ozone,
fine particulate, carbon

monoxide, sulfur dioxide, nitrogen oxides, methane/nonmethane
hydrocarbons, and meteorological data.
    EPA is proposing to find that New York's SIP submittal has met the
public notification requirements of section 110(a)(2)(J) for the 1997
8-hour ozone and 1997 and 2006 PM2.5 NAAQS. See section 19-
0305 of the ECL.

PSD

    Section 110(a)(2)(J) also requires states to meet applicable
requirements of Part C related to prevention of significant
deterioration and visibility protection. EPA evaluated this requirement
in the context of section 110(a)(2)(C) with respect to permitting (see
discussion under (C) (program for enforcement of control measures)).
EPA interprets this section 110 provision relating to visibility as not
being ``triggered'' by a new NAAQS because the visibility requirements
in part C are not changed by a new NAAQS.
    On November 17, 2010 (75 FR 70140), EPA approved the New York PSD
program, as discussed under (C) (program for enforcement of control
measures). The approvability of a state's PSD program in its entirety
is essential to the approvability of the infrastructure SIP with
respect to section 110(a)(2)(J). Therefore, EPA proposes to approve New
York's infrastructure SIP with respect to the PSD sub-element of
110(a)(2)(J).

K. Air Quality and Modeling/data

    Section 110(a)(2)(K) requires that SIPs provide for air quality
modeling for predicting effects on air quality of emissions from any
NAAQS pollutant and submission of such data to EPA upon request.
    Authorized pursuant to sections 3-0301, 19-0103, 19-0301, 19-0303
and 19-0305 of the ECL, NYSDEC performs modeling as necessary to assess
the degree of pollution in New York State. The NYSDEC certifies that
the air quality modeling and analysis used in its SIPs complies with
EPA's guidance on the use of models in attainment demonstrations, and
commits to continue to use air quality models in accordance with EPA's
approved modeling guidance and to submit data to EPA if requested. EPA
proposes to find that the State has adequate authority to perform air
quality modeling that fulfills the requirements of section
110(a)(2)(K).

L. Permitting Fees

    Section 110(a)(2)(L) requires SIPs to require each major stationary
source to pay permitting fees to cover the cost of reviewing,
approving, implementing and enforcing a permit, until such time as the
SIP fee requirement is superseded by EPA's approval of the State's
Title V operating permit program.
    EPA's full approval of the Title V program for New York became
effective on November 30, 2001. In New York State, the Title V Permit
Fee Program is established in ECL section 19-0311(c) requiring the
NYSDEC to promulgate regulations that, among other things, require
applications to identify and describe facility emissions in sufficient
detail to establish the basis for the fees and applicability of
requirements of the CAA. ECL section 72-0303 requires major stationary
sources to pay operating permit program fees sufficient to support an
appropriation approved by the legislature for the direct and indirect
costs associated with the operating permit program established in
section 19-0311.
    In addition, paragraph 201-6.5(a)(7) of 6 NYCRR subpart 201-6, the
NYSDEC's approved Title V program, specifically states that ``The owner
and/or operator of a stationary source shall pay fees to the department
consistent with the fee schedule authorized by Subpart 482-2 of this
Title.''
    EPA proposes to find that the State has met the requirements for
section 110(a)(2)(L).

M. Consultation/participation by Affected Local Entities

    Section 110(a)(2)(M) requires states to provide for consultation
and participation in SIP development by local political subdivisions
affected by the SIP.
    EPA proposes to find that the State has adequate authority and
procedures that fulfills the requirements of section 110(a)(2)(M). See
ECL section 3-0303(3).

VII. What action is EPA taking?

    EPA is proposing to approve New York's submittals as fully meeting
the infrastructure requirements for the 1997 8-hour ozone and the 1997
and 2006 PM2.5 NAAQS for the following section 110(a)(2)
elements and sub-elements: (A), (B), (C), (D)(i)(II) prongs 3 and 4,
(D)(ii), (E)(i), (F), (G), (H), (J), (K), (L), and (M). EPA is also
proposing that EPA's action on October 22, 2008 (73 FR 62902) for New
York has been satisfied.
    EPA is proposing to conditionally approve New York's submittals for
the 1997 8-hour ozone and 1997 and 2006 PM2.5 NAAQS for the
following 110(a)(2) sub-elements: E(ii) (state boards and conflict of
interest provisions) and E(iii) (delegations). New York must commit in
writing on or before May 30, 2013 to correct the deficiencies discussed
above. New York must then correct the deficiencies and submit them to
EPA within one year of EPA's final action on this SIP action. Some of
the deficiencies involve providing information that EPA is familiar
with and believes currently exists, but was not included in the State's
submittal. Should New York provide this information before we take
final rulemaking, EPA is also proposing in the alternative to fully
approve New York's submittals for the section 110(a)(2)(E)(ii) and
section 110(a)(2)(E)(iii) sub-elements.
    Under section 110(k)(4) of the CAA, EPA may conditionally approve a
plan based on a commitment from a State to adopt specific enforceable
measures by a date certain, but not later than one year from the date
of approval. If EPA conditionally approves the commitment in a final
rulemaking action, the State must meet its commitment to complete
requirements of each section 110(a)(2) element listed above. If New
York fails to do so for any section 110(a)(2) element, our conditional
approval of that element will, by operation of law, become a
disapproval for New York one year from the date of final approval. EPA
will notify the State by letter that this action has occurred. At that
time, this commitment will no longer be a part of the approved SIP for
New York. EPA subsequently will publish a document in the Federal
Register notifying the public that the conditional approval
automatically converted to a disapproval. If New York meets its
commitments within the applicable time frame, the conditionally
approved submission will remain a part of the SIP or SIPs until EPA
takes final action approving or disapproving the element in question.
    If EPA disapproves a State's new submittal, the conditionally
approved section 110(a)(2) element will also be disapproved at that
time. If EPA approves the submittal, the section 110(a)(2) element will
be fully approved in its entirety and replace the conditionally
approved 110(a)(2) element in the SIP. Finally, if, based on
information received before EPA takes final action on this proposal,
EPA determines that it cannot issue a final conditional approval for
one or more elements for which EPA has proposed a conditional approval,
then EPA will instead issue a disapproval for such elements.
    As discussed in section I, above, EPA is not acting on New York's
submittal as it relates to nonattainment provisions, the NSR program
required by part D in section 110(a)(2)(C) and the measures for
attainment required by section 110(a)(2)(I), as part of the
infrastructure

SIPs because these submittals have been addressed by other SIP
revisions which EPA has or will be acting on in other rulemakings.
    EPA is soliciting public comments on the issues discussed in this
proposal. These comments will be considered before EPA takes final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Regional Office
listed in the ADDRESSES section of this Federal Register, or by
submitting comments electronically, by mail, or through hand delivery
or courier following the directions in the ADDRESSES section of this
Federal Register.

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 19, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-10168 Filed 4-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Pages 9342-9344]
[FR Doc No: 2011-3577]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-57-000.
    Applicants: Rinehart Solar Farm LLC.
    Description: Self-Certification of EG or FC of Blue Chip Energy,
LLC.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5145.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: EG11-58-000.
    Applicants: Sorrento Solar Farm LLC.
    Description: Self-Certification of EG of Blue Chip Energy, LLC.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5144.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER03-721-015.
    Applicants: New Harquahala Generating Company, LLC.
    Description: Supplemental Information of New Harquahala Generating
Company, LLC.
    Filed Date: 01/27/2011.
    Accession Number: 20110127-5190.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 17, 2011.

    Docket Numbers: ER07-1195-001.
    Applicants: Mittal Steel USA, Inc.
    Description: Notice of Non-Material Changes in Status Form of
ArcelorMittal USA LLC.
    Filed Date: 02/09/2011.
    Accession Number: 20110209-5209.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 02, 2011.

    Docket Numbers: ER10-1924-001.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation submits tariff
filing per 35: Notification of Effective Date of WPSC and Marshfield's
2010 Agreement to be effective 2/1/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5091.

    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER10-2006-001.
    Applicants: Hawkeye Power Partners, LLC.
    Description: Hawkeye Power Partners, LLC submits tariff filing per
35: Hawkeye Compliance Filing to be effective 7/28/2010.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5000.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER10-3214-002.
    Applicants: PH Glatfelter Company.
    Description: PH Glatfelter Company submits tariff filing per 35:
P.H. Glatfelter Company Filing to be effective 2/8/2011.
    Filed Date: 02/09/2011.
    Accession Number: 20110209-5170.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 02, 2011.

    Docket Numbers: ER11-2598-002.
    Applicants: Gateway Energy Services Corporation.
    Description: Gateway Energy Services Corporation submits tariff
filing per 35: Supplement to Tariff Revision Regarding Seller Category
to be effective 3/4/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5139.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2612-002.
    Applicants: MXenergy Electric Inc.
    Description: MXenergy Electric Inc. submits tariff filing per
35.17(b): MXenergy Substitute First Revised MBR Tariff to be effective
3/4/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5090.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2730-001.
    Applicants: Energy Exchange International, LLC.
    Description: Energy Exchange International, LLC submits tariff
filing per 35.17(b): Energy Exchange International, LLC Electric Tariff
Original Volune No 1, to be effective 3/1/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5001.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2866-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits tariff filing per
35.13(a)(2)(iii): RS36 Cleco Power/Entergy JOA to be effective 3/31/
2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5034.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2867-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits tariff filing per
35.13(a)(2)(iii): Correction for RS10 to be effective 12/31/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5062.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2868-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): WMPA No. 2721, Queue No. V4-070, Flemington Solar,
LLC and JCP&L to be effective 1/13/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5101.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2869-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): ISA 2775, Queue No. V4-019, PSEG Fossil, L.L.C. and
PSE&G to be effective 1/11/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5102.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2870-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits tariff
filing per 35: Allegheny Energy Supply ER11-2203 Compliance Filing to
be effective 1/1/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5130.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Docket Numbers: ER11-2871-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.15: Notice of Cancellation of Letter Agreement for the
Manzana Wind Project SA 87 to be effective 1/10/2011.
    Filed Date: 02/10/2011.
    Accession Number: 20110210-5141.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 03, 2011.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES11-15-000.
    Applicants: Michigan Electric Transmission Co., LLC.
    Description: Updated Exhibits of Michigan Electric Transmission
Company, LLC.
    Filed Date: 02/09/2011.
    Accession Number: 20110209-5207.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ES11-16-000.
    Applicants: International Transmission Company.
    Description: International Transmission Company Updated Exhibits to
Application.
    Filed Date: 02/09/2011.
    Accession Number: 20110209-5206.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    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 (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 10, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-3577 Filed 2-16-11; 8:45 am]
BILLING CODE 6717-01-P