[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43278-43279]
[FR Doc No: 2012-18011]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER12-1590-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Refund Report ER12-1590--AECI and Cargill PTP to be
effective 4/20/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5028.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-1876-001.
    Applicants: Alabama Power Company.
    Description: Blountstown NITSA Amendment Filing to be effective 5/
1/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5035.
    Comments Due: 5 p.m. ET 7/24/12.

    Docket Numbers: ER12-2067-001.
    Applicants: MidAmerican Energy Company.
    Description: Revised Certificates of Concurrence--ITC Midwest to be
effective 7/3/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5020.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2249-000.
    Applicants: Pacific Gas and Electric Company.
    Description: CCSF IA Procedures Amended in 2012 to be effective 8/
17/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5000.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2249-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Errata to Filing to Amend the CCSF IA Procedures to be
effective 9/17/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5048.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2250-000.
    Applicants: Public Power & Utility of New Jersey, LLC.
    Description: Application for Market-Based Rate Authority to be
effective 8/17/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5003.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2251-000.
    Applicants: Public Power & Utility of NY, Inc.
    Description: Application for Market-Based Rate Authority to be
effective 8/17/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5004.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2252-000.
    Applicants: Public Power, LLC of Pennsylvania.
    Description: Application for Market-Based Rate Authority to be
effective 8/17/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5005.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2253-000.
    Applicants: Public Power & Utility of Maryland, LLC.
    Description: Application for Market-Based Rate Authority to be
effective 8/17/2012.

    Filed Date: 7/17/12.
    Accession Number: 20120717-5006.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2254-000.
    Applicants: Alabama Power Company.
    Description: SWE (Hartford) NITSA Filing to be effective 7/1/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5040.
    Comments Due: 5 p.m. ET 8/7/12.

    Docket Numbers: ER12-2255-000.
    Applicants: Alabama Power Company.
    Description: 2011 Hartford NITSA Termination Filing to be effective
6/30/2012.
    Filed Date: 7/17/12.
    Accession Number: 20120717-5047.
    Comments Due: 5 p.m. ET 8/7/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 17, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-18011 Filed 7-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]
[Page 42894-42895]
[DOCID:fr25au09-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-15-001]

Arcadia Gas Storage, L.L.C.; Notice of Filing

August 18, 2009.
    Take notice that on August 12, 2009, Arcadia Gas Storage, L.L.C.
(Arcadia) filed its Statement of Operating Conditions in compliance
with the July 13, 2009 letter order in Docket No. PR09-15-000 (July
13th Letter Order) and pursuant to section 284.123(e) of the
Commission's regulations. Arcadia states that it made revisions to
include a statement of rates, as required by the July 13th Letter
Order.
    Any person desiring to participate in this proceeding must file a
motion to intervene or a protest in accordance with Rules 211 and 214
of the Commission's Rules of Practice and

Procedure (18 CFR 385.211 and 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Friday, August 28, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20369 Filed 8-24-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Page 19136]
[FR Doc No: 2018-09087]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Advanced
Qualification Program (AQP)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on February 6, 2018. The Advanced Qualification Program uses
data driven quality control processes for validating and maintaining
the effectiveness of air carrier training program curriculum content.

DATES: Written comments should be submitted by May 31, 2018.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
[email protected], or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<PHONE_NUMBER>, or by
email at: [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0701.
    Title: Advanced Qualification Program (AQP).
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on February 6, 2018 (83 FR 5292). Under Special Federal
Aviation Regulation No. 58, Advanced Qualification Program (AQP), the
FAA provides certificated air carriers, as well as training centers
they employ, with a regulatory alternative for training, checking,
qualifying, and certifying aircrew personnel subject to the
requirements of 14 CFR parts 121 and 135. Data collection and analysis
processes ensure that the certificate holder provides performance
information on its crewmembers, flight instructors, and evaluators that
will enable them and the FAA to determine whether the form and content
of training and evaluation activities are satisfactorily accomplishing
the overall objectives of the curriculum. There were no comments
received.
    Respondents: 25 respondents with approved Advanced Qualification
Programs.
    Frequency: Data are collected monthly.
    Estimated Average Burden per Response: 2 hours.
    Estimated Total Annual Burden: 600 hours.

    Issued in Fort Worth, TX, on April 24, 2018.
Barbara Hall,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2018-09087 Filed 4-30-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Rules and Regulations]
[Pages 40695-40696]
[FR Doc No: 2023-13150]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0505; Airspace Docket No. 23-ASO-06]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Ormond Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D airspace, Class E airspace
designated as an extension to a Class D surface area in Ormond Beach,
FL, and Class E airspace extending upward from 700 feet above the
surface in Daytona Beach, FL, as the result of a biennial airspace
evaluation. This action extends the Class E airspace from 700 feet
above the surface surrounding Spruce Creek Airport. The FAA also
updates terminology in the Class D and Class E airspace designated as
an extension to Class D for Ormond Beach, FL, in the legal
descriptions, as well as the geographical coordinates for Daytona Beach
International Airport in the legal description for the Class E airspace
extending upward from 700 feet above the surface in Daytona Beach, FL.

DATES: Effective date 0901 UTC, October 5, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours a day, 365 days a year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support
Group, Office of Policy, Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue, College Park, GA 30337;
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2023-0505 in the Federal Register (88 FR 22387; April 13, 2023),
amending Class D airspace, Class E airspace designated as an extension
to a Class D surface area in Ormond Beach, FL, and Class E airspace
extending upward from 700 feet above the surface in Daytona Beach, FL,
as the result of a biennial airspace evaluation. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.

Incorporation by Reference

    Class D and E airspace designations are published in paragraphs
5000, 6002, and 6005 of FAA Order JO 7400.11, Airspace Designations and
Reporting Points, which is incorporated by reference in 14 CFR 71.1
annually. This document amends the current version of that order, FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. These amendments will be published
in the next FAA Order JO 7400.11 update.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends Class E airspace extending upward from 700 feet
above the surface of Spruce Creek Airport by increasing the radius to
6.8 miles (previously 6.4 miles). This action also amends Class E
airspace extending upward from 700 feet above the surface of Daytona
Beach International Airport by updating the geographical coordinates to
coincide with the FAA's database. In addition, this action replaces the
outdated terms Airport/Facility Directory with the term Chart
Supplement and Notice to Airmen with the term Notice to Air Missions in
the Ormond Beach Class D airspace and Class E airspace designated as an
extension to Class D in the legal descriptions.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Ormond Beach, FL

Ormond Beach Municipal Airport, FL
    (Lat 29[deg]18'04'' N, long 81[deg]06'50'' W)

    That airspace extending upward from the surface, to but not
including 1,200 feet MSL within a 3.2- mile radius of Ormond Beach
Municipal Airport, excluding that airspace within the Daytona Beach,
FL, Class C airspace area. This Class D airspace area is effective
during the specific days and times established in advance by a
Notice to Air Missions. The effective days and times will be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Designated as an Extension to Class
D Surface Area.

* * * * *

ASO FL E4 Ormond Beach, FL

Ormond Beach Municipal Airport, FL
    (Lat 29[deg]18'04'' N, long. 81[deg]06'50'' W)
Ormond Beach VORTAC
    (Lat 29[deg]18'12'' N, long 81[deg]06'46'' W)

    That airspace extending upward from the surface within 2.4 miles
on each side of the Ormond Beach VORTAC 342[deg] radial, extending
from the 3.2-mile radius to 6.9 miles northwest of the VORTAC. This
Class E4 airspace area is effective during the specific days and
times established in advance by a Notice to Air Missions. The
effective days and times will thereafter be continuously published
in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Daytona Beach, FL

Daytona Beach International Airport, FL
    (Lat 29[deg]10'48'' N, long 81[deg]03'29'' W)
Spruce Creek Airport
    (Lat 29[deg]04'49'' N, long 81[deg]02'48'' W)
Ormond Beach Municipal Airport
    (Lat 29[deg]18'04'' N, long 81[deg]06'50'' W)

    That airspace extends upward from 700 feet or more above the
earth's surface within a 10-mile radius of Daytona Beach
International Airport, a 6.8-mile radius of Spruce Creek Airport,
and a 7.3-mile radius of Ormond Beach Municipal Airport.
* * * * *

    Issued in College Park, GA, on June 12, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-13150 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21309-21312]
[FR Doc No: 2017-09176]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0562; FRL-9961-17-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 2016 Nitrogen Oxides Averaging Plan Consent Agreement With
Raven Power

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
The revision pertains to a Consent Agreement between Maryland and Raven
Power concerning an inter-facility averaging plan for emissions of
nitrogen oxides (NOX) at facilities located in Maryland and
owned by Raven Power. The Consent Agreement allows Raven Power to use
system-wide emissions averaging to comply with the applicable
NOX emission limits for six units located at two electric
generating facilities, Brandon Shores and H.A. Wagner, owned by Raven
Power. EPA is approving this revision in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0562. 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, e.g., confidential business
information (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 through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER

INFORMATION CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Maryland's COMAR <IP_ADDRESS>--Control of NOX Emissions
for Major Stationary Sources--was approved into Maryland's SIP pursuant
to section 182 of the CAA. This regulation established NOX
emission limits for the 1-hour ozone national ambient air quality
standard (NAAQS) for specific types of boilers and other fuel-burning
equipment. Specifically, COMAR <IP_ADDRESS>.C(2) established maximum
NOX emission rates as pounds (lbs) of NOX per
million British thermal units (MMBtu) per hour, ranging from 0.45 lbs/
MMBtu to 0.80 lbs/MMBtu, depending on the type of combustion unit.
COMAR <IP_ADDRESS> also contains a provision that allows an owner or
operator of more than one unit to demonstrate compliance with system-
wide emissions standards through the use of an averaging plan.
    On July 28, 2016, the State of Maryland through the Maryland
Department of the Environment (MDE) submitted to EPA a SIP revision
submittal consisting of a Consent Agreement between MDE and Raven Power
establishing an inter-facility averaging plan for NOX
emissions at two electric generating facilities, Brandon Shores and
H.A. Wagner, collectively called Fort Smallwood. Both facilities are
owned by Raven Power. MDE requested that this new Consent Agreement and
NOX averaging plan replace the Consent Order and
NOX averaging plan previously approved into the Maryland SIP
on February 27, 2002 (67 FR 8897). On December 27, 2016 (81 FR 95078),
EPA published a notice of proposed rulemaking (NPR) proposing to
approve Maryland's SIP revision. No public comments were received on
the NPR.

II. Summary of SIP Revision

    The Consent Agreement between MDE and Raven Power allows Raven
Power to use system-wide emissions averaging to comply with the
applicable NOX limits for six boiler units (Brandon Shores
units 1 and 2 and H.A. Wagner units 1 through 4) subject to COMAR
<IP_ADDRESS>. Pursuant to the new Consent Agreement, Raven Power is
required to calculate mass emissions from the affected units on a daily
basis, determine compliance with the averaging plan using continuous
emissions monitors (CEMs), and to submit quarterly reports to both MDE
and EPA. In the Consent Agreement, Raven Power agreed that if it fails
to comply with the NOX averaging plan, all sources at
Brandon Shores and Wagner remain subject to the unit-specific emission
limits of COMAR <IP_ADDRESS>.C (shown in Table 1) and must demonstrate
compliance through the requirements found in COMAR <IP_ADDRESS>.B(2).
The aggregate mass emissions from all units at Brandon Shores and
Wagner, under the NOX averaging plan, must be less than the
mass emissions that would otherwise occur if each unit were subject to
the applicable NOX emissions limit of COMAR <IP_ADDRESS>.C.

             Table 1--NOX Emission Limits for Fort Smallwood
                      [As per COMAR <IP_ADDRESS>.C]
------------------------------------------------------------------------
                                                             Limit (lbs/
                      Facility                        Unit     MMBtu)
------------------------------------------------------------------------
Brandon Shores.....................................      1           0.5
                                                         2           0.5
H.A. Wagner........................................      1           0.3
                                                         2           0.5
                                                         3           0.5
                                                         4           0.3
------------------------------------------------------------------------

    Additionally, according to the Consent Agreement, Raven Power must
submit a written report and certify annually that the annual
NOX mass emissions for all six affected units are at least
twenty percent less than otherwise allowed from the affected units by
the applicable NOX emission limits of COMAR <IP_ADDRESS>.
    In addition, in the July 28, 2016 SIP submittal, Maryland seeks to
remove from the Maryland SIP the April 2001 Consent Order between
Maryland and Constellation Power Source Generation (Constellation)
which functioned as a NOX averaging plan for compliance with
COMAR <IP_ADDRESS> for ten units at five facilities--Brandon Shores
units 1 and 2; C.P. Crane units 1 and 2; H.A. Wagner units 1 through 4;
Gould Street unit 3; and Riverside unit 4. EPA had approved the April
2001 Consent Order between Maryland and Constellation into the Maryland
SIP on February 27, 2002 (67 FR 8897). The 2001 NOX
averaging plan is no longer effective for compliance with COMAR
<IP_ADDRESS> as Constellation is not the owner of all of these units and
COMAR <IP_ADDRESS> permitted system-wide averaging only when the same
person owned or operated all affected units. COMAR <IP_ADDRESS>.B(4)(a).
A more detailed description of the NOX averaging plan and
the rationale for EPA's proposed action approving the plan for
inclusion in the Maryland SIP can be found in the NPR and technical
support document (TSD) on www.regulations.gov under Docket ID No. EPA-
R03-OAR-2016-0562, and will not be restated here. No public comments
were received on the NPR.

III. Final Action

    EPA finds that Raven Power's NOX emissions averaging
plan meets all the applicable requirements of the SIP-approved COMAR
<IP_ADDRESS>, particularly subsection .08B(4), for emissions averaging
by emissions sources. The Consent Agreement also includes appropriate
provisions for monitoring, recordkeeping, and reporting as well as
assuring compliance and enforceability. As discussed in the TSD in more
detail, EPA expects the Consent Agreement will strengthen the Maryland
SIP and lead to additional NOX emission reductions. Thus,
EPA is approving for inclusion into the Maryland SIP Maryland's Consent
Agreement with Raven Power concerning a NOX emissions
averaging plan pursuant to section 110 of the CAA.

IV. Incorporation by Reference

    In this rule, 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 Maryland's
Consent Agreement with Raven Power concerning a NOX
averaging plan discussed in section II of this document as well as in
the TSD supporting this rulemaking action. Therefore, these materials
have been approved by EPA for inclusion in the SIP, 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 by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).

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

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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.

B. Submission to Congress and the Comptroller General

    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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.

C. Petitions for Judicial Review

    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 July 7, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action concerning Maryland's Consent Agreement with Raven
Power establishing a NOX averaging plan 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

    Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    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 V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (d) is amended by:
0
a. Removing the entry for ``Constellation Power Source Generation,
Inc.--Brandon Shores Units #1 & 2; Gould Street Unit #3; H. A. Wagner
Units #1, 2, 3 & 4; C. P. Crane Units #1 & 3; and Riverside Unit #4'';
and
0
b. Adding the entry for ``Raven Power Fort Smallwood, LLC--Brandon
Shores units 1 and 2; and H. A. Wagner units 1, 2, 3, and 4'' at the
end of the table.
    The added text reads as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
         Name of source             Permit No./type    effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Raven Power Fort Smallwood, LLC-- Consent Agreement           2/28/16  5/8/17, [Insert
 Brandon Shores units 1 and 2;     and NOX Averaging                    Federal Register
 and H. A. Wagner units 1, 2, 3,   Plan.                                citation].
 and 4.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09176 Filed 5-5-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Proposed Rules]
[Pages 36096-36101]
[FR Doc No: 2022-12831]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR -2022-0450, FRL-9927-01-R02]

Approval and Promulgation of Implementation Plans; New York; Oil
and Natural Gas Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
state of New York. The revision provides the State's control measures
for facilities within its borders subject to EPA's 2016 Control
Techniques Guideline (CTG) for the oil and natural gas industry. The
intended effect of this action is to approve this

item into the New York SIP and satisfy the requirement for the CTG.
This action is being taken in accordance with the requirements of the
Clean Air Act (CAA).

DATES: Written comments must be received on or before July 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0450 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at<PHONE_NUMBER>,
or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
    A. Final Control Techniques Guidelines for the Oil and Natural
Gas Industry
    B. Finding of Failure To Submit
II. Summary of New York's Submission and EPA's Analysis
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

A. Final Control Techniques Guidelines for the Oil and Natural Gas
Industry

    On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry'' (CTG) (81 FR 74798, October 27, 2016). The CTG provided
information to state, local, and tribal air agencies to assist them in
determining reasonably available control technology (RACT) for volatile
organic compounds (VOC) emissions from select oil and natural gas
industry emission sources. CAA section 182(b)(2)(A) requires that for
ozone nonattainment areas classified as Moderate or above, states must
revise their SIPs to include provisions to implement RACT for each
category of VOC sources covered by a CTG document. CAA section
184(b)(1)(B) extends the RACT obligation to all areas of states within
the Ozone Transport Region (OTR). In addition to New York being
classified as nonattainment for the 2008 and 2015 ozone standards for
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT area, New York is a member state of the OTR. States subject to
RACT requirements are required to adopt controls that are at least as
stringent as those found within the CTG either via the adoption of
regulations, or by issuance of single source orders or permits that
outline what the source is required to do to meet RACT.

B. Finding of Failure To Submit

    On October 29, 2020,\1\ the U.S. Environmental Protection Agency
(EPA) found that California, Connecticut, New York, Pennsylvania, and
Texas failed to submit State Implementation Plan (SIP) revisions in a
timely manner to satisfy the Clean Air Act's reasonably available
control technology requirements (RACT) associated with EPA's 2016 Oil
and Natural Gas Industry Control Techniques Guidelines (CTG).
---------------------------------------------------------------------------

    \1\ The finding of failure to submit for the oil and natural gas
CTG was issued for the 2008 NAAQS on November 16, 2020 (85 FR 72963,
November 16, 2020), with an effective date of December 16, 2020, and
for the 2015 NAAQS on December 16, 2021 (86 FR 71385, December 16,
2021), with an effective date of January 18, 2022.
---------------------------------------------------------------------------

    These findings of failure to submit established a 24-month deadline
for EPA to either approve SIPs or finalize Federal Implementation Plans
(FIPs) that address the CTG in each area or OTR state. This action also
established timelines for the implementation of two mandatory sanctions
that will begin if the named states do not submit complete SIPs to
address the CTG: (1) Eighteen months after the effective date of these
findings, a 2-to-1 offset ratio for the nonattainment New Source Review
(NSR) permitting program will go into effect, such that for every unit
of VOC or nitrogen oxide (NOX) emissions a new or modified
source will contribute to the nonattainment area or OTR state, two
units must be reduced; and (2) six months after the date of offset
sanctions, federal highway funding may be withheld in nonattainment
areas. For the OTR states, such highway sanctions would apply only in
nonattainment areas in those states. If the OTR state does not contain
any nonattainment areas, then the highway sanctions would not apply in
that state.

II. Summary of New York's Submission and EPA's Analysis

    On March 21, 2022, New York submitted for approval a SIP revision
to incorporate the adoption of Title 6 of the New York Codes, Rules,
and Regulations (NYCRR) Part 200, ``General Provisions,'' and Part 203,
``Oil and Natural Gas Sector,'' as adopted on January 18, 2022.\2\ Part
200, section 200.9, amends Table 1 to add regulation 203-7.1(a) with a
Code of Federal Regulations (CFR) citation of ``40 CFR part 60,
appendix A-7 (July 1, 2017).'' Part 203 sets monitoring, operational,
and reporting requirements for the oil and natural gas sector
statewide. The adoption of part 203 is meant to satisfy the
requirements to implement EPA's 2016 Oil and Natural Gas CTG within the
2008 and 2015 ozone nonattainment areas and statewide OTR requirements.
---------------------------------------------------------------------------

    \2\ The submittal was deemed complete on April 8, 2022, this
completeness determination stops the 2-1 NSR offset ratio and
federal highway funding sanction clocks.
---------------------------------------------------------------------------

203-1 Applicability

    Part 203 applies to owners and operators of equipment and
components that are associated with sources in the following oil and
natural gas sectors: (1) Oil and natural gas production, (2) oil,
condensate, and produced water separation and storage; (3) natural gas
storage; (4) natural gas gathering and boosting; (5) natural gas
transmission and compressor stations; and (6) natural gas metering and
regulating stations. Part 203 does not apply to distributing gas
utilities or to equipment and components located downstream of a
Citygate.
    EPA's 2016 CTG applies to: (1) Storage vessels, such as a tanks or
other vessels in the oil and natural gas industry that contain an
accumulation of crude oil, condensate, intermediate hydrocarbon
liquids, or produced water, and that are constructed primarily of non-
earthen materials (such as wood, concrete, steel, fiberglass, or
plastic) that provide structural support; (2) compressors, applicable
to centrifugal and reciprocating compressors in the oil and natural gas
industry located between the wellhead and point of custody transfer to
the natural gas transmission and storage segment; (3)

pneumatic controllers, applicable to natural gas-driven pneumatic
controllers in the oil and natural gas industry located between the
wellhead and a natural gas processing plant (including the natural gas
processing plant) or between the wellhead and the point of custody
transfer to an oil pipeline; (4) pneumatic pumps, applicable to natural
gas-driven chemical/methanol and diaphragm pumps located at natural gas
processing plants and well sites; (5) equipment leaks from natural gas
processing plants, applicable to the group of all equipment (except
compressors and sampling connection systems) within a process unit
located at a natural gas processing plant in VOC service or in wet gas
service, and any device or system that is used to control VOC emissions
(e.g., a closed vent system); and (6) fugitive emissions from well
sites and gathering boosting stations, applicable to the collection of
fugitive emissions components at well sites with an average production
of greater than 15 barrel equivalents per well per day (15 barrel
equivalents) and the collection of fugitive emissions components at
gathering and boosting stations in the production segment.
    EPA finds that Subpart 203-1 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies the applicability requirements of the
2016 CTG and applies to a wider range than what is required in the 2016
CTG. Part 203 applies to all wells in New York. The New York State
Department of Environmental Conservation (NYSDEC) did not adopt an
exemption for lower-producing wells.

Subparts 203-2, ``Oil and Natural Gas Well Activities,'' 203-3,
``Natural Gas Gathering Lines,'' 203-4.1, ``Storage Vessels,'' and 203-
4.2, ``Natural Gas Actuated Pneumatic Devices and Pumps''

    Subparts 203-2, 203-3, and 203-4.1 require all storage vessels
located at oil and natural gas well sites with a potential to emit
greater than or equal to six tons per year (tpy) of VOC to either have
a vapor control efficiency of 95 percent if installed prior to 2023, or
to not vent to the atmosphere if installed after January 1, 2023.
    Subparts 203-2, 203-3, and 203-4.2 require natural gas actuated
pneumatic devices and pumps located at oil and natural gas well sites,
gathering and boosting locations and compressor stations to prevent
venting of natural gas to the atmosphere beginning on January 1, 2023,
except for devices installed prior to 2023, that may be used provided
they do not vent natural gas at a rate greater than six standard cubic
feet per hour (scfh). When the device is idle and not actuating, the
devices must be clearly marked with a permanent tag that identifies the
vented emissions rate as less than or equal to six scfh. Devices must
be tested by January 1, 2024, and then tested annually thereafter, no
later than 13 months, and no earlier than 11 months from the previous
test using a direct measurement method (high volume sampling, bagging,
calibrated flow measuring instrument). Any device with a measured
emissions flow rate greater than six scfh shall be successfully
repaired within 14 days from the date of the initial emission flow rate
measurement. Beginning January 1, 2023, intermittent bleed natural gas
actuated pneumatic devices shall comply with the leak detection and
repair (LDAR) requirements specified in Subpart 203-7 when the device
is idle and not controlling. Beginning January 1, 2023, natural gas
actuated pneumatic pumps shall not vent natural gas to the atmosphere
and shall comply with the LDAR requirements specified in Subpart 203-7.
    EPA's 2016 CTG lists various control options, such as routing
emissions to a process via a vapor recovery unit (VRU) with a 95
percent efficiency, routing emissions to a combustion device with an at
least 95 percent efficiency or routing the emissions to a VRU with a
combustion device as a backup with an assumed 95 percent emission
reduction. The recommended RACT level of control in the CTG is a
continuous 95 percent reduction of VOC.
    EPA's 2016 CTG requires each diaphragm pump located at a well site
capture and route VOC emissions to an existing control device or
process that is located onsite, unless it is technically infeasible to
route emissions to the existing control device or process. 95 percent
control of VOC emissions must be controlled, unless the existing
control device or process cannot achieve 95 percent control. If the
existing control device cannot achieve a 95 percent control efficiency,
the emissions must nevertheless be routed to the existing onsite
control device to control emissions to the extent achievable.
Documentation of the percent control that the onsite control device is
designed to achieve must be maintained. If there is no existing control
device at the location of the pump, a certification that there is no
device must be submitted. If a control device is subsequently added to
the site where the pump is located, then the VOC emissions from the
pump must be captured and routed to the newly installed control device.
    EPA finds that Subparts 203-2, 203-3, 203-4.1, and 203-4.2 of New
York's Part 203, ``Oil and Natural Gas Sector'' satisfy, and go beyond
the storage vessel and pneumatic pump RACT requirements of the 2016 CTG
by requiring at least a 95 percent emission control efficiency for
storage vessels installed prior to 2023 and eliminating venting for
storage vessels installed after January 1, 2023. Similarly, prohibiting
venting for pneumatic pumps at oil and natural gas wells, gathering and
boosting locations, and compressor stations installed after January 1,
2023, and limiting the measured emissions flow rate to six scfh for
devices installed prior to 2023 satisfy the RACT requirements of the
2016 CTG.

Subpart 203-4, ``Natural Gas Transmission Pipelines and Compressor
Stations''

    Subpart 203-4.3 applies to centrifugal natural gas compressors
located at natural gas transmission compressor stations, and natural
gas underground storage facilities. This subpart does not apply to
centrifugal natural gas compressors that operate less than 200 hours
over a rolling 12-month period. Beginning on January 1, 2023,
centrifugal compressors with wet seals shall control the wet seal vent
gas with the use of a vapor collection system as described in Subpart
203-8 or shall replace the wet seal with a dry seal. Beginning on
January 1, 2023, components on driver engines and compressors that use
a wet seal, or a dry seal shall comply with the LDAR requirements
specified in Subpart 203-7. The compressor wet seal shall be measured
annually by direct measurement (high volume sampling, bagging,
calibrated flow measuring instrument) while the compressor is running
at normal operating temperature in order to determine the wet seal
emission flow rate. A compressor with a wet seal emission flow rate
greater than three scfm, or a combined flow rate greater than the
number of wet seals multiplied by three scfm, shall be successfully
repaired within 30 days of the initial flow rate measurement.
    Subpart 203-4.4 applies to reciprocating natural gas compressors
located at natural gas transmission compressor stations, and natural
gas underground storage facilities. This subpart does not apply to
reciprocating natural gas compressors that operate fewer than 200 hours
over a rolling 12-month period. Beginning on January 1, 2023,
components on driver engines and

compressors shall comply with the LDAR requirements specified in
Subpart 203-7, with the exception of the rod-packing components, the
compressor rod packing, or seal emission flow rate through the rod
packing, or seal vent stack, which shall be measured annually by direct
measurement (high volume sampling, bagging, calibrated flow measuring
instrument) while the compressor is running at normal operating
temperature. Beginning on January 1, 2023, compressor vent stacks used
to vent rod packing or seal emissions shall be controlled with the use
of a vapor collection system as specified in Subpart 203-8. A
compressor with a rod packing or seal with a measured emission flow
rate greater than two scfm, or a combined rod packing or seal emission
flow rate greater than the number of compression cylinders multiplied
by two scfm, shall be successfully repaired within 30 days from the
date of the initial emission flow rate measurement.
    Subpart 203-4.5 applies to blowdown activity at compressor stations
and transmission pipelines greater than 10,000 standard feet cubed
(scf) and requires notification to the NYSDEC and appropriate local
authorities of at least 48 hours in advance of a planned blowdown
event. If any of the information reported prior to the blowdown changed
during or after the blowdown, another notification to the NYSDEC and
appropriate local authorities shall be made with the updates no later
than 48 hours after the end of the planned blowdown. For unplanned
blowdowns, notification to the NYSDEC and appropriate local authorities
must be provided within 30 minutes of blowdown, or as soon as it is
safe to do so.
    Subpart 203-4.6 applies to any Pigging activity along natural gas
pipelines and requires recording and reporting Pigging activities and
estimated natural gas loss to the NYSDEC by March 31st of each year for
the previous calendar year.
    EPA's 2016 CTG requires VOC emissions to be reduced by at least 95
percent (the recommended RACT level of control) from a centrifugal
compressor equipped with a wet seal when using a control device or
other control measure (such as routing to a process). The centrifugal
compressor should be equipped with a cover that is connected through a
closed vent system that routes emissions to the control device (or
process) that meets the RACT level of control. The CTG does not
recommend that RACT apply to individual centrifugal compressors using
wet seals located at a well site, or an adjacent well site that
services more than one well site. The 2016 CTG recommends that each
reciprocating compressor reduce VOC emissions by replacing the rod
packing on or before 26,000 hours of operation or 36 months from the
date of the last rod packing replacement. It also recommends that an
alternative be provided to allow routing of rod packing emissions to a
process via a closed vent system under negative pressure in lieu of the
specified rod packing replacement periods. The CTG does not recommend
that RACT apply to individual reciprocating compressors located at a
well site, or an adjacent well site that services more than one well
site.
    EPA finds that Subpart 203-4 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies or goes beyond the requirements of the
CTG. Subpart 203-4 goes beyond the CTG by requiring the use of vapor
collection systems and vapor control devices for centrifugal
compressors equipped with a wet seal, as well as requiring notification
for any blowdown or Pigging activities. Subpart 203-4 satisfies the CTG
by requiring reciprocating natural gas compressors to detect leaks and
repair them and requiring direct annual measurement for the rod packing
components, the compressor rod packing or seal emission flow rate
through the rod packing, or seal vent stack.

Subparts 203-5, ``Natural Gas Underground Storage Facilities'' and 203-
6, ``City Gate''

    Subparts 203-5 and 203-6 apply to natural gas underground storage
facilities and metering and regulating components and require LDAR as
specified in Subpart 203-7.
    EPA's 2016 CTG applies RACT to equipment leaks from natural gas
processing plants and recommends that RACT for natural gas processing
plants be the implementation of an LDAR program equivalent to what is
required under 40 CFR part 60 subpart VVa for equipment (with the
exception of compressors and sampling connection systems) in VOC
service.
    EPA finds that Subparts 203-5 and 203-6 of New York's part 203,
``Oil and Natural Gas Sector'' satisfy and go beyond, the requirements
of the 2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-
7, in order to monitor for methane (CH4) and VOC.

Subpart 203-7, ``Leak Detection and Repair''

    Subpart 203-7 does not apply to components that are: (1) Buried
below ground, (2) used to supply compressed air to equipment or
instrumentation, (3) operating under a negative gauge pressure, or
below atmospheric pressure, or (4) used for general maintenance for
fewer than 15 days over a 12-month period if the owner or operator
maintains for at least five years, and can make available at the
request of the NYSDEC, a record of the date when the components were
installed and removed. Subpart 203-7 also does not apply to pneumatic
devices or pumps that use compressed air or electricity to operate and
a compressor rod packing, which is subject to annual emission flow rate
testing as specified in Subpart 203-4.4.
    Subpart 203-7.1 requires all owners and operators to comply by
either: (1) Opting to comply using EPA Method 21, where fugitive
emission is defined as an instrument reading of 500 ppm CH4 and VOC,
500 ppm or greater of CH4 and VOC using a Flame Ionization Detector
(FID)-based instrument, and if an analyzer other than a FID-based
instrument is used, a site-specific fugitive emission definition must
be developed by the owner or operator that would be equivalent to 500
ppm of CH4 and VOC using a FID-based instrument. Such site-specific
fugitive emission definition is subject to approval by the NYSDEC; (2)
using optical gas imaging (OGI) equipment that is capable of imaging
gases in the spectral range for CH4 and VOC in the potential fugitive
emissions, and whose calibration and maintenance procedures comply with
those recommended by the manufacturer; and (3) using alternative
techniques that are approved by the NYSDEC in lieu of, or in
combination with, OGI, Method 21, or other previously approved
alternative methods. A proposed alternative method must be able to
demonstrate that it is capable of identifying leaks and that it is at
least as effective as the leak detection methods achieved using Method
21 or OGI.
    Subpart 203-7.2, ``LDAR Frequency,'' requires that for oil and
natural gas wells, wellheads, and components subject to Subpart 203-2,
each well site shall be inspected by OGI, Method 21 or similar approved
alternative method semiannually, or one time over 24 months if using an
approved alternative method which offers continuous monitoring. For
natural gas gathering and boosting components subject to Subpart 203-3,
each gathering and boosting station shall be inspected by OGI, Method
21 or similar approved alternative method quarterly, or one time over
24 months if using an approved alternative method which offers
continuous monitoring. Natural gas transmission compressor station

components subject to Subpart 203-4 shall be inspected by OGI, Method
21, or similar approved alternative method bimonthly, at least 45 days
apart, or one time over 12 months if using an approved alternative
method which offers continuous monitoring. Storage facility components
subject to Subpart 203-5 shall be inspected by OGI, Method 21, or
similar approved alternative method bimonthly, at least 45 days apart,
or one time over 12 months if using an approved alternative method
which offers continuous monitoring. City gate components subject to
Subpart 203-6 shall be inspected by OGI, Method 21, or similar approved
alternative method quarterly, or one time over 12 months if using an
approved alternative method which offers continuous monitoring.
    Subpart 203-7.3 applies to leaks and requires, upon detection of a
leak from any equipment or component subject to part 203, that the
owner or operator affix to that component a weatherproof, readily
visible tag that identifies the date and time of leak detection. The
owner or operator shall maintain for at least five years, and make
available upon request by the NYSDEC, a record of leaks identified, and
shall report to the NYSDEC within 60 days after the re-inspection of
repaired leaks is complete. Leaks shall be repaired within 30 days of
identification. Repaired leaks shall be re-inspected using the methods
specified in subpart 203-7 within 15 days of repair. Critical
components or critical process units shall be successfully repaired by
the end of the next process shutdown or within 12 months from the date
of initial leak detection, whichever is sooner. A delay of repair may
be granted by the NYSDEC under the following conditions: (1) The owner
or operator can demonstrate that the parts or equipment required to
make necessary repairs have been ordered. A delay of repair to obtain
parts or equipment shall not exceed 30 days, unless the owner or
operator notifies the NYSDEC to report the delay and provides an
estimated time by which the repairs will be completed, or (2) a gas
service utility can provide documentation, in a form suitable to the
NYSDEC, that a system has been temporarily classified as critical to
reliable public gas system operation as ordered by the utility's gas
control office.
    EPA's 2016 CTG applies RACT to equipment leaks from natural gas
processing plants and recommends that RACT for natural gas processing
plants be the implementation of an LDAR program equivalent to what is
required under 40 CFR part 60 subpart VVa for equipment (with the
exception of compressors and sampling connection systems) in VOC
service. The subpart VVa leak detection and repair program requires the
annual monitoring of connectors using an organic vapor analyzer (OVA)
or toxic vapor analyzer (TVA) (with leaks defined as readings of at
least 500 ppm), monthly monitoring of valves (where again, leaks are
defined as readings of at least 500 ppm), and requires open-ended lines
and pressure relief devices to operate with no detectable emissions
(defined as emissions of less than 500 ppm above background).
    EPA finds that Subpart 203-7 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies and goes beyond the requirements of the
2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-7 in
order to monitor for CH4 and VOC.

Subpart 203-8, ``Vapor Collection Systems and Vapor Control Devices''

    Beginning on January 1, 2023, Subpart 203-8 applies to equipment
that must be controlled using a vapor collection system and control
device pursuant to the requirements specified in Part 203. The vapor
collection system shall direct the collected vapors to a sales gas
system, or a fuel gas system. If no sales gas system or fuel gas system
is available at the facility, the owner or operator must control the
collected vapors by January 1, 2024. Any vapor control device required
must achieve at least 95 percent vapor collection control efficiency of
total emissions and must meet all applicable federal and state
requirements. Vapor collection systems and control devices may be taken
out of service for up to 30 days per rolling 12-month period to perform
maintenance while the facility continues to operate. A time extension
to perform maintenance not to exceed 14 days per 12-month period may be
granted by the NYSDEC. If an alternate vapor control device compliant
with section 203-8.1 is installed prior to conducting maintenance, and
the vapor collection and control system continues to collect and
control vapors during the maintenance operation consistent with the
applicable standards specified in Subpart 203-8, the event does not
count towards the 30-day limit. Vapor collection system and control
device shutdowns that result from emergencies are not subject to
enforcement action, provided the equipment resumes normal operation
immediately after the emergency.
    EPA's 2016 CTG states that routing emissions to a process via a
vapor recovery unit (VRU) should have at least a 95 percent efficiency
rating.
    EPA finds that Subpart 203-8 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies and goes beyond the requirements of the
CTG by requiring vapor recovery and control for a wider range of
applications in the oil and natural gas industry.

Subpart 203-9, ``Feasibility and Safety''

    Subpart 203-9 states that a repair or replacement may not be
delayed unless it results in a vented blowdown, a gathering and
boosting station shutdown, a well shutdown, a well shut-in, or
rationale for continued operation is submitted to the NYSDEC to be
later deemed technically infeasible or unsafe by the New York State
Department of Public Service or other federal or state regulatory
agency.
    The repair or replacement delay may be extended until the next
compressor station shutdown, the next gathering and boosting station
shutdown, well shutdown, well shut-in, the next unscheduled, planned or
emergency vent blowdown, or within one year.
    EPA's 2016 CTG recommends certain RACT control requirements with
functional and safety exceptions.
    EPA finds that Subpart 203-9 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies the requirements of the 2016 CTG.

Subpart 203-10, ``Reporting and Recordkeeping''

    Subpart 203-10.1 requires baseline reporting and applies to all
sources as described in Section 203-1. Owners or operators of
components or processes subject to Subpart 203-10 must submit a report
to the NYSDEC by March 31, 2023, or by March 31st of the year following
initiation of operation. The report shall be in a format approved by
the NYSDEC and shall list the number and type of components, including
but not limited to the following: (1) Separators, (2) storage vessels,
(3) compressors, (4) gas drying systems, (5) pneumatic devices, and (6)
metering and regulating systems.
    Subpart 203-10.2 requires recordkeeping. The recordkeeping
requirements for reciprocating natural gas compressors are to maintain
for at least five years the following: (1) A record from the date of
each rod packing leak concentration measurement found above the minimum
leak threshold as defined in Section 203-4.4; (2) a record of each rod
packing emission flow rate measurement from the date of each emissions
flow rate measurement; (3) a record that documents the date(s) and
hours of operation a compressor is

operated in order to demonstrate compliance with the rod packing leak
concentration or emission flow rate measurement in the event that the
compressor is not operating during a scheduled inspection; and (4)
records that provide proof that parts or equipment required to make
necessary repairs have been ordered and installed.
    Owners or operators of centrifugal natural gas compressors must
maintain, for at least five years, the following: (1) A record of each
wet seal emission flow rate measurement from the date of each emissions
flow rate measurement; (2) a record that documents the date(s) and
hours of operation a compressor is operated in order to demonstrate
compliance with the wet seal emission flow rate measurement in the
event that the compressor is not operating during a scheduled
inspection; and (3) records that provide proof that parts or equipment
required to make necessary repairs have been ordered and installed.
    Owners or operators of natural gas actuated pneumatic devices and
vapor collection system and vapor control devices must maintain, for at
least five years, the following: (1) A record of the emission flow rate
measurement; (2) a record of each LDAR inspection; (3) component leak
and repair documentation from the date of each inspection; (4) records
that provide proof that parts or equipment required to make necessary
repairs have been ordered and installed; and (5) gas service utility
records that demonstrate that a system has been temporarily classified
as critical to reliable public gas operation throughout the duration of
the classification period.
    EPA's 2016 CTG recommends that air agencies specify operating,
recordkeeping, and reporting requirements to document compliance with
the CTG. When implementing an LDAR program, the CTG recommends that air
agencies consider including recordkeeping requirements that require
owners/operators of subject facilities to maintain a list of
identification numbers for all equipment subject to an equipment leak
regulation. The CTG appendix includes annual recordkeeping and
reporting requirements for pneumatic controllers, compressors,
pneumatic pumps, and fugitive emissions.
    EPA finds that Subpart 203-10 of New York's part 203, ``Oil and
Natural Gas Sector,'' satisfies the requirements of the 2016 CTG.

III. Proposed Action

    EPA is proposing to approve New York's part 200 ``General
Provisions'' section 200.9 amendment to Table 1 to add regulation 203-
7.1(a) with a CFR citation of ``40 CFR part 60, appendix A-7 (July 1,
2017).'' EPA is also proposing to approve part 203, ``Oil and Natural
Gas Sector'' control measure because it satisfies the 2016 Oil and
Natural Gas Industry CTG. EPA is soliciting public comments on the
issues discussed in this notice or on other relevant matters. These
comments will be considered before taking final action. Interested
parties may participate in the federal rulemaking procedure by
submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the adoption of Title 6 of the NYCRR part 203, ``Oil and
Natural Gas Sector'' of the New York Administrative Code that
implements New York's RACT regulations for the oil and gas CTG,
including attendant revisions to 6 NYCRR part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material,'' as
described in section II of this preamble.
    The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region 2 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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) and 13563 (76 FR 382, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     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 proposed rulemaking action, pertaining to New
York's oil and gas sector control measures submission, is not approved
to apply on any Indian reservation land or in any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
In those areas of Indian country, the proposed rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-12831 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P