[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Rules and Regulations]
[Pages 7449-7452]
[FR Doc No: 2020-01747]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0155; FRL-10004-69-Region 4]

Air Plan Approval; Kentucky: Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Kentucky State Implementation Plan (SIP) concerning the Cross-
State Air Pollution Rule (CSAPR) submitted by Kentucky on September 14,
2018, as later clarified on December 18, 2018. Under CSAPR, large
electricity generating units (EGUs) in Kentucky are subject to Federal
Implementation Plans (FIPs) requiring the units to participate in
CSAPR's federal trading program for annual emissions of nitrogen oxides
(NOX), one of CSAPR's two federal trading programs for ozone
season emissions of NOX, and one of CSAPR's two federal
trading programs for annual emissions of sulfur dioxide
(SO2). This action approves into the SIP the Commonwealth's
regulations requiring large Kentucky EGUs to participate in CSAPR state
trading programs for annual NOX emissions and annual
SO2 emissions integrated with the CSAPR federal trading
programs, replacing the corresponding FIP requirements. EPA is
approving the portions of the SIP revision concerning these CSAPR state
trading programs because the SIP revision meets the requirements of the
Clean Air Act (CAA or Act) and EPA's regulations for approval of a
CSAPR full SIP revision replacing the requirements of a CSAPR FIP.
Under the CSAPR regulations, approval of these portions of the SIP
revision automatically eliminates Kentucky units' obligations to
participate in CSAPR's federal trading programs for annual
NOX emissions and annual SO2 emissions under the
corresponding CSAPR FIPs addressing interstate transport requirements
for the 1997 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS) and the 2006 24-hour
PM2.5 NAAQS. Approval of these portions of the SIP revision
would also satisfy Kentucky's good neighbor obligation under the CAA to
prohibit emissions which will significantly contribute to nonattainment
or interfere with maintenance of the 1997 annual PM2.5 NAAQS
and 2006 24-hour PM2.5 NAAQS.

DATES: This rule is effective March 11, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0155. All documents in the docket
are listed on the 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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached by telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background on CSAPR and CSAPR-Related SIP Revisions

    EPA issued CSAPR in July 2011 to address the requirements of CAA
section 110(a)(2)(D)(i)(I) concerning interstate transport of air
pollution. As amended (including the 2016 CSAPR Update),\1\ CSAPR
requires 27 Eastern states to limit their statewide emissions of
SO2 and/or NOX in order to mitigate transported
air pollution unlawfully impacting other states' ability to attain or
maintain four NAAQS: The 1997 annual PM2.5 NAAQS, the 2006
24-hour PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the
2008 8-hour ozone NAAQS. The CSAPR emissions limitations are defined in
terms of maximum statewide ``budgets'' for emissions of annual
SO2, annual NOX, and/or ozone season
NOX by each covered state's large EGUs. The CSAPR state
budgets are implemented in two phases of generally increasing
stringency, with the Phase 1 budgets applying to emissions in 2015 and
2016 and the Phase 2 (and CSAPR Update) budgets applying to emissions
in 2017 and later years. As a mechanism for achieving compliance with
the emissions limitations, CSAPR establishes five federal emissions
trading programs: A program for annual NOX emissions, two
geographically separate programs for annual SO2 emissions,
and two geographically separate programs for ozone-season
NOX emissions. CSAPR also establishes FIP requirements
applicable to the large EGUs in each covered state. Currently, the
CSAPR FIP provisions require each state's units to participate in up to
three of the five CSAPR trading programs.
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    \1\ See 81 FR 74504 (October 26, 2016). The CSAPR Update was
promulgated to address interstate pollution with respect to the 2008
ozone NAAQS and to address a judicial remand of certain original
CSAPR ozone season NOX budgets promulgated with respect
to the 1997 ozone NAAQS. See 81 FR at 74505. The CSAPR Update
established new emission reduction requirements addressing the more
recent NAAQS and coordinated them with the remaining emission
reduction requirements addressing the older NAAQS, so that starting
in 2017, CSAPR includes two geographically separate trading programs
for ozone season NOX emissions covering EGUs in a total
of 23 states. See 40 CFR 52.38(b)(1)-(2). EPA acknowledges that the
D.C. Circuit issued decisions in Wisconsin v. EPA, 938 F.3d 303
(Sept. 13, 2019) and New York v. EPA, 781 Fed. Appx. 4 (Oct. 1,
2019) regarding the CSAPR Update; however, those decisions did not
address the annual programs designed to fulfill the requirements of
the 1997 and 2006 PM2.5 NAAQS.
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    CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions

trading programs or state emissions trading programs integrated with
the federal programs.\2\ Through such a SIP revision, a state may
replace EPA's default provisions for allocating emission allowances
among the state's units, employing any state-selected methodology to
allocate or auction the allowances, subject to timing conditions and
limits on overall allowance quantities. In the case of CSAPR's federal
trading programs for ozone season NOX emissions (or an
integrated state trading program), a state may also expand trading
program applicability to include certain smaller electricity generating
units.\3\ If a state wants to replace CSAPR FIP requirements with SIP
requirements under which the state's units participate in a state
trading program that is integrated with and identical to the federal
trading program even as to the allocation and applicability provisions,
the state may submit a SIP revision for that purpose as well. However,
no emissions budget increases or other substantive changes to the
trading program provisions are allowed. A state whose units are subject
to multiple CSAPR FIPs and federal trading programs may submit SIP
revisions to modify or replace either some or all of those FIP
requirements.
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    \2\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
    \3\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-electric generating units that would
have participated in the former NOX Budget Trading
Program.
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    States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years (or 2019
or later years in the case of the CSAPR NOX Ozone Season
Group 2 Trading Program).\4\ Under the first alternative--an
``abbreviated'' SIP revision--a state may submit a SIP revision that
upon approval replaces the default allowance allocation and/or
applicability provisions of a CSAPR federal trading program for the
state.\5\ Approval of an abbreviated SIP revision leaves the
corresponding CSAPR FIP and all other provisions of the relevant
federal trading program in place for the state's units.
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    \4\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 (or
2018 in the case of the CSAPR NOX Ozone Season Group 2
Trading Program) and is not relevant here. See 40 CFR 52.38(a)(3),
(b)(3), (b)(7); 52.39(d), (g).
    \5\ See 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
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    Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval replaces a CSAPR federal
trading program for the state with a state trading program integrated
with the federal trading program, so long as the state trading program
is substantively identical to the federal trading program or does not
substantively differ from the federal trading program except as
discussed above with regard to the allowance allocation and/or
applicability provisions.\6\ For purposes of a full SIP revision, a
state may either adopt state rules with complete trading program
language, incorporate the federal trading program language into its
state rules by reference (with appropriate conforming changes), or
employ a combination of these approaches.
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    \6\ See 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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    The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's implementation plan that was the basis for a particular
set of CSAPR FIP requirements, the obligation to participate in the
corresponding CSAPR federal trading program is automatically eliminated
for units subject to the state's jurisdiction without the need for a
separate EPA withdrawal action, so long as EPA's approval of the SIP is
full and unconditional.\7\ Second, approval of a full SIP revision does
not terminate the obligation to participate in the corresponding CSAPR
federal trading program for any units located in any Indian country
within the borders of the state, and if and when a unit is located in
Indian country within a state's borders, EPA may modify the SIP
approval to exclude from the SIP, and include in the surviving CSAPR
FIP instead, certain trading program provisions that apply jointly to
units in the state and to units in Indian country within the state's
borders.\8\
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    \7\ See 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
    \8\ See 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
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    Finally, if at the time a full SIP revision is approved EPA has
already started recording allocations of allowances for a given control
period to a state's units, the federal trading program provisions
authorizing EPA to complete the process of allocating and recording
allowances for that control period to those units will continue to
apply, unless EPA's approval of the SIP revision provides otherwise.\9\
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    \9\ See 40 CFR 52.38(a)(7), (b)(11)(i); 52.39(k).
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    In the 2011 CSAPR rulemaking, among other findings, EPA determined
that air pollution transported from Kentucky would unlawfully affect
other states' ability to attain and maintain the 1997 annual
PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS,
established annual NOX and SO2 budgets for
Kentucky's EGUs representing full remedies for the Commonwealth's
interstate transport obligations with respect to these NAAQS, and
implemented the budgets by including the EGUs in annual NOX
and SO2 trading programs.\10\ Consequently, Kentucky's units
meeting the CSAPR applicability criteria are currently subject to CSAPR
FIPs that require participation in the CSAPR NOX Annual
Trading Program and the CSAPR SO2 Group 1 Trading Program in
order to address, in full, the Commonwealth's interstate transport
obligations with respect to both the 1997 annual PM2.5 NAAQS
and the 2006 24-hour PM2.5 NAAQS.\11\
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    \10\ See 76 FR at 48209-13.
    \11\ See 40 CFR 52.38(a)(2)(i); 52.39(b); 52.940(a)(1);
52.941(a).
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    In a notice of proposed rulemaking (NPRM) published on July 30,
2019 (84 FR 36852), EPA proposed to approve Kentucky's September 14,
2018, SIP submittal designed to replace the CSAPR federal annual
SO2 and NOX trading programs and ozone season
NOX trading program. Comments on the NPRM were due on or
before August 29, 2019. EPA received adverse comments on the proposed
action to approve the portions of Kentucky's submittal designed to
replace the CSAPR federal ozone season NOX trading program.
However, EPA received no adverse comments on the proposed action to
approve the portions of Kentucky's submittal designed to replace the
CSAPR federal annual SO2 and NOX trading
programs.
    In this action, EPA is finalizing approval of the portions of
Kentucky's SIP which replace the CSAPR federal annual SO2
and NOX trading programs only. EPA will address the
remaining portions of the September 14, 2018, SIP submittal in a
separate action. Please refer to the NPRM for more detailed information
regarding the SIP revision and the Agency's rationale for today's final
rulemaking.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In

accordance with requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the Kentucky Regulations 401 KAR 51:240,
entitled ``Cross-State Air Pollution Rule (CSAPR) NOX annual
trading program'' and 401 KAR 51.260, entitled ``Cross-State Air
Pollution Rule (CSAPR) SO2 group 1 trading program.'' EPA is
approving the portions of the SIP revision concerning these CSAPR state
trading programs because the SIP revision meets the requirements of the
Act and EPA's regulations for approval of a CSAPR full SIP revision
replacing the requirements of a CSAPR FIP. The rules became state-
effective as of July 5, 2018. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\12\
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    \12\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving portions of Kentucky's September 14, 2018, SIP
submittal, as clarified by the December 18, 2018, letter, concerning
the establishment of CSAPR state trading programs for Kentucky units
for annual NOX and SO2 emissions. These portions
of this SIP revision adopt into the SIP state trading program rules
codified in Kentucky regulations at 401 KAR 51:240, ``Cross-State Air
Pollution Rule (CSAPR) NOX annual trading program'' and 401
KAR 51.260, ``Cross-State Air Pollution Rule (CSAPR) SO2
group 1 trading program.'' These Kentucky CSAPR state trading programs
will be integrated with the federal CSAPR NOX Annual Trading
Program and the federal CSAPR SO2 Group 1 Trading Program,
respectively, and are substantively identical to the federal trading
programs. Kentucky units therefore will generally be required to meet
requirements under Kentucky's CSAPR state trading programs equivalent
to the requirements the units otherwise would have been required to
meet under the corresponding CSAPR federal trading programs. Under the
Commonwealth's regulations, Kentucky will retain EPA's default
allowance allocation methodology and EPA will remain the implementing
authority for administration of the trading programs. EPA is approving
the SIP revision because it meets the requirements of the CAA and EPA's
regulations for approval of a CSAPR full SIP revision replacing a
federal trading program with a state trading program that is integrated
with and substantively identical to the federal trading program.
    EPA promulgated the FIP provisions requiring Kentucky units to
participate in the federal CSAPR NOX Annual Trading Program
and the federal CSAPR SO2 Group 1 Trading Program in order
to address Kentucky's obligations under CAA section 110(a)(2)(D)(i)(I)
with respect to the 1997 Annual PM2.5 NAAQS and the 2006 24-
hour PM2.5 NAAQS in the absence of SIP provisions addressing
those requirements. Approving the Kentucky SIP submittal adopting CSAPR
state trading program rules for annual NOX and
SO2 substantively identical to the corresponding CSAPR
federal trading program regulations (or differing only with respect to
the allowance allocation methodology) corrects the same deficiencies in
the SIP that otherwise would be corrected by those CSAPR FIPs. Under
the CSAPR regulations, upon EPA's full and unconditional approval of a
SIP revision as correcting the SIP's deficiency that is the basis for a
particular CSAPR FIP, the obligation to participate in the
corresponding CSAPR federal trading program is automatically eliminated
for units subject to the state's jurisdiction (but not for any units
located in any Indian country within the state's borders).\13\ EPA's
approval of portions of Kentucky's SIP submittal establishing CSAPR
state trading program rules for annual NOX emissions and
annual SO2 emissions therefore results in automatic
termination of the obligations of Kentucky units to participate in the
federal CSAPR NOX Annual Trading Program and the federal
CSAPR SO2 Group 1 Trading Program.
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    \13\ See 40 CFR 52.38(a)(6); 52.39(j).
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IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a

copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing these
actions and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by April 10, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: January 15, 2020.
Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart A-General Provisions

0
2. Amend Sec.  52.38 by revising paragraph (a)(8)(iii) to read as
follows:

Sec.  52.38   What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of nitrogen oxides?

    (a) * * *
    (8) * * *
    (iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (a)(5) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i), and
(a)(3) and (4) of this section with regard to sources in the State (but
not sources in any Indian country within the borders of the State):
Alabama, Georgia, Indiana, Kentucky, Missouri, and South Carolina.
* * * * *

0
3. Amend Sec.  52.39 by revising paragraph (l)(3) to read as follows:

Sec.  52.39   What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of sulfur dioxide?

* * * * *
    (l) * * *
    (3) For each of the following States, the Administrator has
approved a SIP revision under paragraph (f) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (a), (b), (d), and (e) of
this section with regard to sources in the State (but not sources in
any Indian country within the borders of the State): Indiana, Kentucky,
and Missouri.
* * * * *

Subpart S--Kentucky

0
4. Amend Sec.  52.920, in paragraph (c), in Table 1 under the heading
``Chapter 51 Attainment and Maintenance of the National Ambient Air
Quality Standards'' by adding in numerical order entries for ``401 KAR
51:240'' and ``401 KAR 51:260'' to read as follows:

Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
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                                                          State
         State citation             Title/subject       effective     EPA approval date        Explanation
                                                          date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
401 KAR 51:240.................  Cross-State Air           7/5/2018  2/10/2020 [Insert   .......................
                                  Pollution Rule                      Federal Register
                                  (CSAPR) NOX                         citation].
                                  annual trading
                                  program.
401 KAR 51:260.................  Cross-State Air           7/5/2018  2/10/2020 [Insert   .......................
                                  Pollution Rule                      Federal Register
                                  (CSAPR) SO2 group                   citation].
                                  1 trading program.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2020-01747 Filed 2-7-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13834]
[DOCID:fr17mr06-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2082]

PacifiCorp; Notice of Authorization for Continued Project
Operation

March 9, 2006.
    On February 25, 2004, PacifiCorp, licensee for the Klamath
Hydroelectric Project No. 2082, filed an application for a new or
subsequent license pursuant to the Federal Power Act (FPA) and the
Commission's regulations. Project No. 2082 is located primarily on the
Klamath River, in Klamath County, Oregon and Siskiyou County,
California.
    The license for Project No. 2082 was issued for a period ending
February 28, 2006. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year to year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2082 is issued to
PacifiCorp for a period effective March 1, 2006 through February 28,
2007, or until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first. If issuance of a new
license (or other disposition) does not take place on or before March
1, 2007, notice is hereby given that, pursuant to 18 CFR 16.18(c), an
annual license under section 15(a)(1) of the FPA is renewed
automatically without further order or notice by the Commission, unless
the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that PacifiCorp is authorized to continue operation of the
Klamath Hydroelectric Project No. 2082 until such time as the
Commission acts on its application for subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3864 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Page 48314]
[FR Doc No: 2013-19208]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0665]

Drawbridge Operation Regulation; Milford Haven Inlet, Hudgins, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the VA State Route 223 Bridge (Gwynn's
Island) across the Milford Haven Inlet, mile 0.1, at Hudgins, Virginia.
The deviation is necessary to rehabilitate the bridge, including repair
of the truss, the bridge signals, and the tender house. This deviation
allows the bridge to remain in the closed-to-navigation position for up
to four separate 24-hour periods, if needed.

DATES: This deviation is effective from 7 a.m. October 3, 2013 to 9
p.m. March 31, 2014.

ADDRESSES: The docket for this deviation, [USCG-2013-0665] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mrs. Jessica Shea, Bridge Management
Specialist, Fifth Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION: The bridge owner, the Virginia Department of
Transportation (VDOT), is conducting maintenance on the Route 223 swing
bridge over Milford Haven Inlet near Hudgins, Virginia. VDOT requested
a deviation from the requirement to open on signal as required by 33
CFR 117.5 in order to facilitate the rehabilitation work. The deviation
period commences at 7 a.m. on October 3, 2013 and goes through 9 p.m.
March 31, 2014. During the deviation period, the construction work may
require four 24-hour periods where the bridge will be unable to open to
navigation. Due to restrictions based on vehicular transportation
needs, the 24-hour periods will not be consecutive.
    Under the regular operating schedule where the bridge opens on
signal, the bridge opens up to ten times every day for commercial
fishing vessels and Coast Guard vessels at Station Milford Haven. The
vertical clearance of the swing bridge in the closed-to-navigation
position is 12 feet at mean high water. Vessels able to pass through
the bridge in the closed position may do so at any time and are advised
to proceed with caution. The bridge will not be able to open for
emergencies during any of the four 24-hour closure periods. The
southern approach to Gywnn's Island by Sandy Point, VA can be used as
an alternate route for vessels able to transit in water depths of two
feet. The Coast Guard will use Local and Broadcast Notices to Mariners
at least seven days in advance of the changes in operating schedule so
that vessels can arrange their transits to minimize any impacts caused
by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: July 29, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard.
[FR Doc. 2013-19208 Filed 8-7-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Rules and Regulations]
[Page 71073-71077]
[DOCID:fr14de07-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0782; FRL-8506-8]

Approval and Promulgation of Implementation Plans; Missouri;
Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a revision to the
Missouri State Implementation Plan (SIP) submitted on May 18, 2007.
This revision addresses the requirements of EPA's Clean Air Interstate
Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on
April 28, 2006, and December 13, 2006. EPA has determined that the SIP
revision fully implements the CAIR requirements for Missouri. As a
result of this action, EPA will also withdraw, through a separate
rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning
SO2, NOX annual, and NOX ozone season
emissions for Missouri. The CAIR FIPs for all States in the CAIR region
were promulgated on April 28, 2006, and subsequently revised on
December 13, 2006.
    CAIR requires States to reduce emissions of sulfur dioxide
(SO2) and nitrogen oxides (NOX) that
significantly contribute to, and interfere with maintenance of, the
national ambient air quality standards for fine particulates and/or
ozone in any downwind state. CAIR establishes State budgets for
SO2 and NOX and requires States to submit SIP
revisions that implement these budgets in States that EPA concluded did
contribute to nonattainment in downwind states. States have the
flexibility to choose which control measures to adopt to achieve the
budgets, including participating in the EPA-administered cap-and-trade
programs. In the SIP revision that EPA is approving today, Missouri has
met the CAIR requirements by electing to participate in the EPA-
administered cap-and-trade programs addressing SO2,
NOX annual, and NOX ozone season emissions.

DATES: This rule is effective on December 14, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2007-0782. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Environmental

Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Michael Jay at<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. Analysis of Missouri's CAIR SIP Submittal
    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. Applicability Provisions for Non-EGU NOX SIP Call Sources
    D. NOX Allowance Allocations
    E. Allocation of NOX Allowances From Compliance Supplement Pool
    F. Individual Opt-in Units
V. Final Action
VI. When Is This Action Effective?
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking final action to approve a revision to Missouri's SIP
submitted on May 18, 2007. In its SIP revision, Missouri has met the
CAIR requirements by requiring certain electric generating units (EGUs)
to participate in the EPA-administered State CAIR cap-and-trade
programs addressing SO2, NOX annual, and NOX
ozone season emissions, as finalized in the Missouri Register on April
16, 2007, pages 646-661. Missouri's regulations adopt by reference most
of the provisions of EPA's SO2, NOX annual, and
NOX ozone season model trading rules, with certain changes
discussed below. EPA has determined that the SIP as revised will meet
the applicable requirements of CAIR. As a result of this action, the
Administrator of EPA will also issue a final rule to withdraw the FIPs
concerning SO2, NOX annual, and NOX

ozone season emissions for Missouri. The Administrator's action
will delete and reserve 40 CFR 52.1341 and 40 CFR 52.1342, relating to
the CAIR FIP obligations for Missouri. The withdrawal of the CAIR FIPs
for Missouri is a conforming amendment that must be made once the SIP
is approved because EPA's authority to issue the FIPs was premised on a
deficiency in the SIP for Missouri. Once a SIP is fully approved, EPA
no longer has authority for the FIPs. Thus, EPA does not have the
option of maintaining the FIPs following full SIP approval.
Accordingly, EPA does not intend to offer an opportunity for a public
hearing or an additional opportunity for written public comment on the
withdrawal of the FIPs.
    EPA proposed to approve Missouri's request to amend the SIP on
September 17, 2007 (72 FR 52828). In that proposal, EPA also stated its
intent to withdraw the FIP, as described above. The comment period
closed on October 17, 2007. No comments were received. EPA is
finalizing the approval as proposed based on the rationale stated in
the proposal and in this final action.

II. What Is the Regulatory History of CAIR and the CAIR FIPs?

    The CAIR was published by EPA on May 12, 2005 (70 FR 25162). In
this rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and interfere with
maintenance of the national ambient air quality standards (NAAQS) for
fine particles (PM2.5) and/or 8-hour ozone in downwind
States in the eastern part of the country. As a result, EPA required
those upwind States to revise their SIPs to include control measures
that reduce emissions of SO2, which is a precursor to
PM2.5 formation, and/or NOX, which is a precursor
to both ozone and PM2.5 formation. For jurisdictions that
contribute significantly to downwind PM2.5 nonattainment,
CAIR sets annual State-wide emission reduction requirements (i.e.,
budgets) for SO2 and annual State-wide emission reduction
requirements for NOX. Similarly, for jurisdictions that
contribute significantly to 8-hour ozone nonattainment, CAIR sets
State-wide emission reduction requirements for NOX for the
ozone season (May 1 to September 30). Under CAIR, States may implement
these reduction requirements by participating in the EPA-administered
cap-and-trade programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8-hour
ozone and PM2.5 NAAQS. EPA made national findings, effective
on May 25, 2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3
years after the promulgation of the 8-hour ozone and PM2.5
NAAQS.
    Missouri submitted its SIP in response to EPA's section
110(a)(2)(D) finding, which EPA approved in a rule published May 8,
2007 (72 FR 25975). In that rule, EPA stated that Missouri had met its
obligation with regard to interstate transport by adoption of the CAIR
model rule. EPA also stated that it would review and act on Missouri's
CAIR rule in a separate rulemaking. This document takes final action on
Missouri's CAIR rule as explained below.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model
rules that States must adopt (with certain limited changes, if desired)
if they want to participate in the EPA-administered trading programs.
    With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPA-administered trading programs. One
exception is for States that adopt the opt-in provisions of the model
rules to allow non-EGUs individually to opt into the EPA-administered
trading programs. The other exception is for States that include all
non-EGUs from their NOX SIP Call trading programs in their
CAIR NOX ozone season trading programs.

IV. Analysis of Missouri's CAIR SIP Submittal

A. State Budgets for Allowance Allocations

    In this action, EPA is taking final action to approve Missouri's
SIP revision that adopts the budgets established for the State in CAIR,
i.e., 59,871 (2009-2014) and 49,892 (2015-thereafter) tons for NOX
annual emissions, 26,678 (2009-2014) and 22,231 (2015-thereafter) tons
for NOX ozone season emissions, and 137,214 (2010-2014) and
96,050 (2015-thereafter) tons for SO2 emissions. Missouri's
SIP revision sets these budgets as the total amounts of allowances
available for allocation for each year under the EPA-administered cap-
and-trade programs.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR part 96, subparts A through I. While the
provisions of the NOX annual and ozone season model rules
are similar, there are some differences. For example, the NOX
annual model rule (but not the NOX ozone season model rule)
provides for a compliance supplement pool (CSP), which is discussed
below and under which allowances may be awarded for early reductions of
NOX annual emissions. As a further example, the NOX
ozone season model rule reflects the fact that the CAIR NOX
ozone season trading program replaces the NOX SIP Call
trading program after the 2008 ozone season and is coordinated with the
NOX SIP Call program. The NOX ozone season model
rule provides incentives for early emissions reductions by allowing
banked, pre-2009 NOX SIP Call allowances to be used for
compliance in the CAIR NOX ozone season trading program. In
addition, States have the option of continuing to meet their NOX
SIP Call requirement by participating in the CAIR NOX ozone
season trading program and including all their NOX SIP Call
trading sources in that program.
    The provisions of the CAIR SO2 model rule are also
similar to the provisions of the NOX annual and ozone season
model rules. However, the SO2 model rule is coordinated with
the ongoing Acid Rain SO2 cap-and-trade program under CAA
title IV. The SO2 model rule uses the title IV allowances
for compliance, with each allowance allocated for 2010-2014 authorizing
only 0.50 ton of emissions and each allowance allocated for 2015 and
thereafter authorizing only 0.35 ton of

emissions. Banked title IV allowances allocated for years before 2010
can be used at any time in the CAIR SO2 cap-and-trade
program, with each such allowance authorizing one ton of emissions.
Title IV allowances are to be freely transferable among sources covered
by the Acid Rain Program and sources covered by the CAIR SO2
cap-and-trade program.
    EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for Federal rather than State implementation. The CAIR model
SO2, NOX annual, and NOX ozone season
trading rules and the respective CAIR FIP trading rules are designed to
work together as integrated SO2, NOX annual, and
NOX ozone season trading programs.
    In the SIP revision, Missouri has chosen to implement its CAIR
budgets by requiring EGUs to participate in EPA-administered cap-and-
trade programs for SO2, NOX annual, and NOX
ozone season emissions. Missouri has adopted a full SIP revision that
adopts, with certain allowed changes discussed below, the CAIR model
cap-and-trade rules for SO2, NOX annual, and
NOX ozone season emissions.

C. Applicability Provisions for Non-EGU NOX SIP Call Sources

    In general, the CAIR model trading rules apply to any stationary,
fossil fuel-fired boiler or stationary, fossil fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990, or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 megawatts electric (MWe) producing
electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR. Under
this option, the CAIR NOX ozone season program must cover
all large industrial boilers and combustion turbines, as well as any
small EGUs (i.e., units serving a generator with a nameplate capacity
of 25 MWe or less) that the State currently requires to be in the
NOX SIP Call trading program.
    Missouri has chosen to expand the applicability provisions of the
CAIR NOX ozone season trading program to include all current
and future non-EGUs in the State's NOX SIP Call trading
program. The NOX SIP Call region of the State includes the
eastern one-third of the State of Missouri (70 FR 46860).

D. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone season allowances are allocated to units that have operated for
five years, based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance allocation methodology that will be used to
allocate allowances to sources in the States if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance allocation methodologies, States have
flexibility with regard to: (1) The cost to recipients of the
allowances, which may be distributed for free or auctioned; (2) the
frequency of allocations; (3) the basis for allocating allowances,
which may be distributed, for example, based on historical heat input
or electric and thermal output; and (4) the use of allowance set-asides
and, if used, their size.
    Missouri has chosen to replace the provisions of the CAIR
NOX annual model trading rule concerning the allocation of
NOX annual allowances with its own methodology. Missouri has
chosen to distribute NOX annual allowances to individual
facilities based upon the total of their individual unit's pro-rata
share of the total heat input for all affected units in the State. The
State has provided a table in rule 10 CSR 10-6.362 that provides for
permanent allocations to units in Phases I and II. Additionally, the
State's rule creates an energy efficiency renewable resource set-aside
of 300 allowances for each year of the program. The purpose for
establishing this set-aside is to serve as an incentive for saving or
generating electricity through the implementation of energy efficiency
and renewable generation projects. If the number of allowances awarded
each year are fewer than allowances allocated to the set-aside, the
State will transfer surplus allowances to the accounts of the electric
utilities on a pro-rata basis in the same proportion as allocations to
the units listed in the rule. Missouri's rule provides that, by May 31
of the year for which allowances are requested from the set-aside, the
State will complete the process of determining what projects are
eligible and how many allowances should be provided, and of awarding
the allowances to the projects. EPA interprets the rule to provide
that, by the May 31 deadline, the State will transfer to the
appropriate allowance tracking system accounts the allocations awarded
to the eligible projects, as well as the surplus allowances provided to
electric utilities.
    As with the annual program described above, Missouri has chosen to
replace the provisions of the CAIR NOX ozone season model
trading rule concerning allowance allocations with its own methodology.
Missouri has chosen to distribute NOX ozone season
allowances to individual facilities based upon the total of their
individual unit's pro-rata share of the State's total heat input for
all affected units in the State. The State has provided a table in rule
10 CSR 10-6.364 that provides for permanent allocations to
NOX ozone season units in Phases I and II. As mentioned
above, Missouri has chosen to expand the applicability provisions of
the CAIR NOX ozone season trading program to include all
current and future non-EGUs in the State's NOX SIP Call
trading program. By doing so, the three non-EGUs listed in Table II of
Missouri's NOX SIP Call rule, 10 CSR 10-6.360, are provided
CAIR NOX ozone season allowances totaling 59 allowances in
Table II of 10 CSR 10-6.364 that are in addition to the State's initial
allocation for both Phase I and Phase II of the CAIR NOX
ozone season trading program. The number of allowances provided to the
non-EGUs in the CAIR NOX ozone trading program are
equivalent to the amount they received under Missouri's NOX
SIP Call rule.

E. Allocation of NOX Allowances From Compliance Supplement Pool

    The CAIR establishes a compliance supplement pool (CSP) to provide
an incentive for early reductions in NOX annual emissions.
The CSP consists of 200,000 CAIR NOX annual allowances of
vintage 2009 for the entire CAIR region, and a State's share of the CSP
is based upon the projected magnitude of the emission reductions
required by CAIR in that State. States may distribute CSP allowances,
one allowance for each ton of early reduction, to sources that make
NOX reductions during 2007 or 2008 beyond what is required
by any applicable State or Federal emission limitation. States also may
distribute CSP allowances based upon a demonstration of need for an
extension

of the 2009 deadline for implementing emission controls.
    The CAIR annual NOX model trading rule establishes
specific methodologies for allocations of CSP allowances. States may
choose an allowed, alternative CSP allocation methodology to be used to
allocate CSP allowances to sources in the States.
    Missouri has chosen to distribute CSP allowances using an
allocation methodology that retains much of the CSP model rule language
of 40 CFR 96.143. The State's methodology differs in two main ways.
First, the State has added additional criteria for units subject to the
Acid Rain Program that do not have an applicable NOX
emission limit to be able to apply for allocations from the CSP by
limiting their emissions below what limit would have applied had the
unit been limited by Acid Rain Program or State NOX emission
rate limits. Secondly, the State has chosen to modify the distribution
methodology in the event the CSP is over-prescribed. If more requests
for allocations have been made than CSP allowances exist, the State
will divide the CSP into two pools. The smaller of the two pools is for
units that combust tires and the larger pool is for the remaining
units.

F. Individual Opt-in Units

    The opt-in provisions of the CAIR SIP model trading rules allow
certain non-EGUs (i.e., boilers, combustion turbines, and other
stationary fossil-fuel-fired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowance-holding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The opt-in
provisions provide for two methodologies for allocating allowances for
opt-in units, one methodology that applies to opt-in units in general
and a second methodology that allocates allowances only to opt-in units
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions at all.
    Missouri has chosen to allow non-EGUs meeting certain requirements
to opt into the CAIR trading programs by adopting by reference the
entirety of EPA's model rule provisions for opt-in units in the CAIR
SO2, CAIR NOX annual, and CAIR NOX
ozone season trading programs.

V. Final Action

    EPA is taking final action to approve Missouri's full CAIR SIP
revision submitted on May 18, 2007. Under this SIP revision, Missouri
is choosing to participate in the EPA-administered cap-and-trade
programs for SO2, NOX annual, and NOX
ozone season emissions. EPA has determined that the SIP revision meets
the applicable requirements in 40 CFR 51.123(o) and (aa), with regard
to NOX annual and NOX ozone season emissions, and
40 CFR 51.124(o), with regard to SO2 emissions. EPA has
determined that the SIP as revised will meet the requirements of CAIR.
The Administrator of EPA will also issue, without providing an
opportunity for a public hearing or an additional opportunity for
written public comment, a final rule to withdraw the CAIR FIPs
concerning SO2, NOX annual, and NOX
ozone season emissions for Missouri. The Administrator's action will
delete and reserve 40 CFR 52.1341 and 40 CFR 52.1342. EPA will take
final action to withdraw the CAIR FIPs for Missouri in a separate
rulemaking.

VI. When Is This Action Effective?

    Under 5 U.S.C. 553(d), a rule generally cannot be effective less
than 30 days prior to publication of the rule. However, a rule can be
made effective less than 30 days prior to publication if the rule
``grants or recognizes an exemption, or relieves a restriction'' or
``as otherwise provided by the agency for good cause''. EPA finds that
there is good cause to make this approval effective on December 14,
2007. This CAIR SIP approval allows EPA to immediately record
allowances as distributed under the approved State rule and, thus,
allow sources to begin trading.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and would
impose no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this action approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a State rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of

section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 12, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: November 29, 2007.
William Rice,
Acting Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended under Chapter 6 by adding
entries in numerical order for 10-6.362, 10-6.364 and 10-6.366 to read
as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                               State
        Missouri citation                   Title            effective    EPA approval date      Explanation
                                                                date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

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                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.362........................  Clean Air Interstate          5/30/07  12/14/07 [insert    ...................
                                   Rule Annual NOX Trading                FR page number
                                   Program.                               where the
                                                                          document begins].
10-6.364........................  Clean Air Interstate          5/30/07  12/14/07 [insert    ...................
                                   Rule Seasonal NOX                      FR page number
                                   Trading Program.                       where the
                                                                          document begins].
10-6.366........................  Clean Air Interstate          5/30/07  12/14/07 [insert    ...................
                                   Rule S02 Trading                       FR page number
                                   Program.                               where the
                                                                          document begins].

                                                  * * * * * * *
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 [FR Doc. E7-24230 Filed 12-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2489-2490]
[FR Doc No: 2020-00499]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0096]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
provides the public notice that on December 30, 2019, DPS Electronics,
Inc. (DPS) petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR part 232. FRA assigned the
petition Docket Number FRA-2012-0096.
    DPS is a Montana-based corporation that specializes in designing
and manufacturing train telemetry and test equipment. DPS seeks to
extend its waiver of compliance from the requirements put forth in 49
CFR 232.409(d), Inspection and Testing of End-of-Train Devices, for
several end-of train (EOT) and head-of-train (HOT) device models. DPS
previously received a waiver for EOT device models DPS 2020 and DPS
2020-He on March 20, 2013. On July 10, 2015, DPS received a waiver for
HOT device models DPS 3030 HTD-CM and DPS 3030 I-HTD. Subsequently, on
January 10, 2017, DPS received a waiver for an additional EOT device
model DPS 2020-He2. These previous waivers were tied to Ritron, Inc.'s
waiver (Docket Number FRA-2009-0015) covering three models of their DTX
radios.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:

     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 2, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-00499 Filed 1-14-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Page 19472]
[FR Doc No: 2020-07225]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-6-003]

FirstEnergy Service Company; Notice of Filing

    Take notice that on March 30, 2020, FirstEnergy Service Company
submitted a Notice of Non-Material Change in Circumstances pursuant to
the order issued by the Federal Energy Regulatory Commission
(Commission), in the above captioned proceeding, on February 2,
2018.\1\
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    \1\ FirstEnergy Service Company, 162 FERC ] 61,087 (2018).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    In addition to publishing the full text of this document in the
Federal Register, The Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on April 20, 2020.

    Dated: March 31, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-07225 Filed 4-6-20; 8:45 am]
BILLING CODE 6717-01-P