[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10162-10168]
[FR Doc No: 2016-04080]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0708; FRL-9942-78-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Kansas; 2015 Kansas State Implementation Plan for the 2008
Lead Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to grant
full approval of Kansas's attainment demonstration State Implementation
Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS)
nonattainment area of Salina, Saline County, Kansas, received by EPA on
February 25, 2015. The applicable standard addressed in this action is
the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP
submitted by the state satisfies the applicable requirements of the
Clean Air Act identified in EPA's Final Rule published in the Federal
Register on October 15, 2008, and will bring the designated portions of
Salina, Kansas, into attainment of the 0.15 microgram per cubic meter
([mu]g/m\3\) lead NAAQS.

DATES: Comments must be received on or before March 30, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0708, to 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.
    Publicly available docket materials are available either
electronically in www.regulations.gov or at the EPA, Air Planning and
Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The
Regional Office's official hours of business are Monday through Friday,
8:00 a.m. to 4:30 p.m., excluding legal 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: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for the approval of a SIP revision been
met?
III. What action is EPA taking?
IV. Background
V. Technical Review of the Attainment Demonstration SIP for the 2008
Lead NAAQS
    A. Facility Description
    B. Model Selection, Meteorological and Emissions Inventory Input
Data
    C. Control Strategy
    D. Modeling Results
    E. Reasonably Available Control Measures (RACM) Including
Reasonably Available Control Technology (RACT) and Reasonable
Further Progress (RFP)
    F. Attainment Demonstration
    G. New Source Review (NSR)
    H. Contingency Measures
    I. Enforceability
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this document, EPA is addressing Kansas' attainment
demonstration State Implementation Plan (SIP) for the lead National
Ambient Air Quality Standard (NAAQS) nonattainment area in portions of
Salina, Saline County, Kansas. The applicable standard addressed in
this action is the lead NAAQS promulgated by EPA in 2008. EPA believes
that the SIP submitted by the state satisfies the applicable
requirements of the CAA identified in EPA's Final Rule (73 FR 66964,
October 15, 2008), and will bring the area into attainment of the 0.15
microgram per cubic meter ([mu]g/m\3\) lead NAAQS.

II. Have the requirements for the approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
Clean Air Act (CAA), including section 110 and implementing
regulations.

III. What action is EPA taking?

    EPA is proposing to grant full approval of Kansas' attainment
demonstration SIP for the 2008 lead NAAQS. EPA is proposing this action
in order to solicit comments. Final rulemaking will occur after
consideration of any comments received.

IV. Background

    EPA established the NAAQS for lead on October 5, 1978 (43 FR
46246). On October 15, 2008, EPA established a new lead NAAQS of 0.15
[mu]g/m\3\ in air, measured as a rolling three-month average. (73 FR
66964). On November 22, 2011, portions of Salina, Saline County,
Kansas, were designated as nonattainment for the 2008 lead NAAQS. (76
FR 72097). Under sections 191(a) and 192(a)of the CAA, Kansas is
required to submit to EPA an attainment demonstration SIP revision for
lead and to demonstrate the nonattainment area will reach attainment of
the 2008 lead NAAQS no later than five years from the date of the
nonattainment area designation.

V. Technical Review of the Attainment Demonstration SIP for the 2008
Lead NAAQS

A. Facility Description

    There are two lead-emitting sources contributing to the Salina lead
nonattainment area: Exide Technologies (Exide) and Metlcast Products
(Metlcast). A description of the operation of these two facilities is
presented below.
1. Exide Process Description
    The Exide facility in Salina, Kansas, manufactures lead acid
batteries for automobiles, trucks, and watercraft. Lead emissions
result from breaking open used batteries, re-melting the lead, and
reformulating new batteries. The lead is released in particulate form
and generally captured within building structures or by air pollution
control equipment; however, some lead particulates escape to the
ambient air, despite facility process enclosures and the efficiency of
air pollution control equipment. The facility reports lead emissions
greater than 0.5 tons per year (tpy).
    The production operations at the facility consist of seven pasting
lines, five ball mills and ten oxide mills with emissions controlled by
15 process baghouses, 16 battery assembly lines, and 41 lead reclaim
pots with emissions controlled for 29 of those pots by five baghouses.
Lead alloy ingots are charged to a melting pot, from which the molten
lead flows into molds that form the battery grids. Paste is made in a
batch process. A mixture of lead oxide powder, water, and sulfuric acid
produces a positive paste, and the same ingredients in a slightly
difference proportion with the addition of an expander make the
negative paste. Pasting machines then force pastes into the interstices
of the grids, which are then made into plates. The pasted plates are
then cured through alternating cycles of steaming and drying. From the
ovens, the cured plates are loaded into the assembly process where they
are automatically stacked in an alternating positive/negative order.
Emissions from the battery manufacturing process are controlled by
baghouses.
2. Metlcast Process Description
    The Metlcast facility is located to the north of the Exide
facility, near the violating lead monitor. The Metlcast facility uses
three electric induction furnaces to cast gray iron. The scrap metal
used to produce the gray iron most likely has varying amounts of lead,
depending on the source of the scrap. When heated, the lead is driven
off the molten metal in the form of particulates. Elemental lead and
lead compounds in the form of particulates are captured by the
facility's air pollution control equipment; however, some lead-
contaminated particulates escape to the ambient air.

B. Model Selection, Meteorological and Emissions Inventory Input Data

    Exide conducted air dispersion modeling to evaluate the
effectiveness of the proposed control strategy. Kansas reviewed the
results of the air model which demonstrates attainment of the 2008 Lead
NAAQS and the results form the basis of the attainment SIP. EPA
conducted an independent review of the modeling. The results of the
modeling will be discussed in more detail in section V.C. of this
document.

    The model, AERMOD, was utilized and is EPA's preferred model for
demonstrating attainment of the lead NAAQS. AERMOD estimates the
combined ambient impact of sources by simulating Gaussian dispersion of
emissions plumes. Emission rates, wind speed and direction, atmospheric
mixing heights, terrain, plume rise from stack emissions, initial
dispersion characteristics of fugitive sources, particle size and
density are all factors considered by the model when estimating ambient
impacts. Exide conducted the dispersion modeling in accordance with
``Air Quality Dispersion Modeling Protocol for SIP Attainment
Demonstration,'' dated March 2013. Results of the modeling are reported
in appendix A of the Kansas attainment SIP, available in the docket
associated with this proposed action.
    Exide used the surface and upper air meteorological data from the
Salina airport (SLN) for years 2007 through 2011. EPA recommends the
use of five years of meteorological data for the model (40 CFR part 51,
appendix W, section <IP_ADDRESS>). EPA conducted a review of the
meteorological data used for the modeling and agreed with Kansas's
determination that it is representative of meteorological conditions in
the nonattainment area. The meteorological data were run through
AERMOD's pre-processors to make the data usable by the model.
    As required by section 172(c)(3) of the CAA, an emission inventory
was developed for this nonattainment area. At Exide, ten baghouses were
each modeled as separate point sources and ten oxide mills stacks were
modeled as discharging from one 65-foot stack. Potential emissions
rates for the point sources were determined from stack test data, using
an average of three runs from the highest measured average emissions
rates since 2007, or the most recent infrastructure update for the
source. Appendix A of the attainment SIP contains a detailed listing of
the emissions modeled for each point source. A factor of 3.3 to 12
times each point source emission rate was applied to demonstrate the
levels necessary to achieve attainment of the 2008 Pb NAAQS.
    Fugitive sources of lead at the Exide facility include process
fugitives and vehicular fugitives from truck haul routes. The fugitive
emissions were modeled as volume sources. Building process fugitives
were estimated with a 99 percent capture efficiency on the basis of
total building enclosures with negative pressure and local exhaust
ventilation (LEV). Haul route fugitives were estimated using the Paved
Roads section of Chapter 13.2.1 of EPA's AP-42 guidelines.\1\
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    \1\ AP-42, Compilation of Air Pollutant Emission Factors, Fifth
Edition, http://www.epa.gov/ttnchie1/ap42/.
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    Metlcast's emissions were modeled as volume sources because its
operations occur in an open building with wall and roof vents, so there
are no stacks from which to conduct emissions testing. Emissions
estimates were based on the volatilized fraction of the lead fraction
of the facility's 2011 production, which was estimated to be 6910 tons.
The quantity of lead emissions was estimated over a 12-hour per day
operating shift over 365 days per year.
    In accordance with 40 CFR part 51, appendix W, background
concentrations must be considered when determining NAAQS compliance.
Background concentrations are intended to include impacts attributable
to natural sources, nearby sources (excluding the dominant source(s)),
and unidentified sources. The calculated background concentration
includes all sources of lead not already included in the model run
script. The background concentration includes distant sources of lead
or naturally occurring lead in soils that has become re-entrained in
the atmosphere.
    A background value is typically calculated by averaging the
monitored concentrations of lead in air from an ambient air monitor
within the nonattainment area. In this case, however, the ambient air
monitor is located between the two facilities so that it is not
possible to calculate a background value for lead from the monitoring
data that does not include the influence of one of the facilities,
regardless of wind direction. Instead, Kansas used a background level
of 0.01 [mu]g/m\3\ which is the national non-source oriented monthly
average ambient lead concentration determined by EPA in its final
``Integrated Science Assessment for Lead (ISA),'' dated June 2013
(http://www.epa.gov/ncea/isa/lead.htm). Tables 2-13 and 2-15 of the ISA
provide detailed statistics based upon the national monitoring network
to support a background lead level of 0.01 [mu]g/m\3\. The use of this
nationally determined background level is further supported by data
from the temporary non-source oriented lead monitor located north of
the nonattainment area in Salina, Kansas, which recorded an average
lead concentration of 0.005 [mu]g/m\3\. Also, a lead monitor formerly
located in Wichita, Kansas, reported average concentrations of 0.0076
[mu]g/m\3\.
    In the absence of the ability to establish a background lead level
derived from a monitor within the nonattainment area, EPA agrees that
the use of this non-source oriented average monthly ambient lead value
from the ISA represents a conservative estimate of background for use
in the Salina attainment modeling.

C. Control Strategy

    The following describes the control strategy detailed in the Kansas
attainment SIP to achieve the 2008 lead NAAQS. The Kansas control
strategy focuses on control measures to be implemented at Exide because
it is the greater source of lead emissions of the two facilities in the
nonattainment area.
    In April 2006, Exide began a five-year project to replace all ten
of its oxide mills. The project included replacement of associated
baghouses and the addition of HEPA filters for each oxide mill source.
The project was completed in March 2011. On October 1, 2013, the oxide
mill baghouse emissions were routed to a new 65-foot stack.
    From September 2009 to February 2014, Exide also replaced its five
general purpose baghouses (BH1 through BH5). Baghouse 1 (BH1) was
replaced and its stack height was increased to 80 feet in a project
completed on February 19, 2014.
    On July 19, 2013, Exide completed increasing the stack heights of
the ball mill baghouses (BH11 through BH15) by 37 feet as necessary by
the attainment modeling.
    To address process fugitives, Exide installed LEVs over processing
operations located in negative pressure total enclosures to increase
the effectiveness of lead particulate capture. This 99 percent
reduction in emissions from the ball mill process is required by the
Federally-enforceable construction permit issued by Kansas to Exide,
effective date August 18, 2014. The permit is appendix C of the
attainment SIP. The construction permit contains total enclosure
standards including the requirement to maintain a negative pressure of
at least 0.013 mm of mercury which is consistent with the secondary
lead smelter NESHAP (77 FR 556, January 5, 2012). Although the Exide
facility is not a secondary lead smelter, the concepts for controlling
lead emissions are similar, and are therefore relevant.
    The Federally-enforceable construction permit also required Exide
to complete paving all roadways by July 31, 2014. The additional paving
of an area of approximately 15,200 square yards in the northwest
section of the facility demonstrates a reduction of 0.04 tons of lead
per year which represents

a 29 percent reduction in lead emissions.

D. Modeling Results

    Exide's modeling report can be found in appendix A of the Kansas
attainment SIP. The modeling was conducted to determine the impacts of
the additive lead emissions of both the Exide and Metlcast facilities,
and the assumed area background of 0.01 [mu]g/m\3\ lead, on off-site
receptors including the air monitor and two nearby elementary schools.
    The results of the modeling demonstrate that with the control
strategy described above in paragraph V.C. above, the facilities will
attain the 2008 Lead NAAQS. At the point of maximum impact, which is
approximately 50 feet to the northeast of the ambient air monitor, the
model predicts a lead concentration of 0.137 [mu]g/m\3\. This is below
the 2008 Lead NAAQS of 0.15 [mu]g/m\3\. At the ambient air monitor, the
model predicts a lead concentration of 0.137 [mu]g/m\3\.
    By comparison, the ambient air monitoring data demonstrate that the
facility has measured lead concentrations below the 0.15 [mu]g/m\3\
lead standard since the rolling calendar quarter ending September of
2013. The average rolling quarterly lead level in ambient air from the
quarter ending September 2013 to the quarter ending May 2015 is 0.096
[mu]g/m\3\, which is less than the model-predicted lead level.
    Exide also modeled the lead concentrations at two nearby elementary
schools to ensure that there would be no unacceptable lead impacts. At
Schilling Elementary School, the ambient lead levels in air are
predicted to be 0.018 [mu]g/m\3\, and the predicted lead levels for
Coronado Elementary School are predicted to be 0.028 [mu]g/m\3\. The
predicted levels of lead in ambient air are less than 15 percent of the
standard; therefore, there is no concern for exceeding the standard at
either of these locations under the Federally-enforceable control
strategy described in paragraph V.C. above.
    EPA reviewed and independently verified the modeling conducted by
Exide. Based on EPA's analysis of the attainment modeling and its
outcomes, EPA believes that the Kansas control strategy will bring the
designated portions of Saline County, Kansas, into attainment of the
2008 Lead NAAQS.

E. Reasonably Available Control Measures (RACM) Including Reasonably
Available Control Technology (RACT) and Reasonable Further Progress
(RFP)

    Section 172(c)(1) of the CAA requires nonattainment areas to
implement all RACM, including emissions reductions through the adoption
of Reasonably Available Control Technologies (RACT), as expeditiously
as practicable. EPA interprets this as requiring all nonattainment
areas to consider all available controls and to implement all measures
that are determined to be reasonably available, except that measures
which will not assist the area to more expeditiously attain the
standard are not required to be implemented.\2\ In March 2012, EPA
issued guidance titled, ``Implementation of Reasonably Available
Control Measures (RACM) for Controlling Lead Emissions'' (RACM
Guidance).\3\
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    \2\ See 58 FR 67751, December 22, 1993, for a discussion of this
interpretation as it relates to lead.
    \3\ http://www.epa.gov/oar/lead/pdfs/2012ImplementationGuide.pdf.
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    Section 172(c)(2) of the CAA requires areas designated as
nonattainment for criteria pollutants to include a demonstration of
Reasonable Further Progress (RFP) in attainment demonstrations. Section
171(1) of the CAA defines RFP as annual incremental reductions in
emissions of the relevant air pollutants as required by part D, or
emission reductions that may reasonably be required by EPA to ensure
attainment of the applicable NAAQS by the applicable date. Part D does
not include specific RFP requirements for lead.
    EPA recommends a RACT analysis for facilities emitting 0.5 tpy lead
per year or more. (73 FR 66964). In 2011, Exide reported lead emissions
of 1.45 tons per year.\4\ Metlcast's annual emissions were
conservatively estimated based on its production to be approximately
0.004 tons of lead per year. Thus, only Exide exceeds the threshold for
determining RACT to comply with the 2008 Lead NAAQS. Page 12 of the
lead attainment SIP discusses the Kansas RACT/RACM analysis.
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    \4\ EPA's 2011 National Emissions Inventory (NEI) v.2, February
5, 2015.
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    Kansas determined that the ongoing emission control projects
detailed in appendix B of the attainment SIP document and listed above
in paragraph V.C. meet the requirements of EPA's RACM Guidance. As
stated in the final lead NAAQS rule, RFP is satisfied by the strict
adherence to a compliance schedule which is expected to periodically
yield significant emission reductions. The control measures described
in paragraph V.C. above have been modeled and demonstrated to achieve
the lead NAAQS and also comply with RACM and RFP.
    RFP is addressed by the control strategy occurring in a timeframe
consistent with the CAA. Upon implementation of the control strategy
and practices described above, ambient air quality concentrations are
expected to drop at or below attainment levels immediately. The
nonattainment area's ambient air quality monitor began reporting lead
concentrations below the 2008 lead NAAQS for the three-month rolling
average for July through September 2013.
    Based on the RACM analysis and the combined reduction in lead
emissions to meet the 2008 Lead NAAQS, which demonstrates RFP, EPA
proposes to approve the Kansas SIP as meeting the requirements of
sections 172(c)(1) and (c)(2) of the CAA.

F. Attainment Demonstration

    CAA section 172 requires a state to submit a plan for each of its
nonattainment areas that demonstrates attainment of the applicable
ambient air quality standard as expeditiously as practicable, but no
later than the specified attainment date. This demonstration should
consist of four parts: (1) Technical analyses that locate, identify,
and quantify sources of emissions that are contributing to violations
of the lead NAAQS; (2) analyses of future year emissions reductions and
air quality improvement resulting from already-adopted national, state,
and local programs and from potential new state and local measures to
meet the RACT, RACM, and RFP requirements in the area; (3) adopted
emissions reduction measures with schedules for implementation; and (4)
contingency measures required under section 172(c)(9) of the CAA.
    The requirements for the first two parts are described in the
sections on emissions inventories, RACT/RACM and air quality above and
in the discussion of the attainment demonstration that follows
immediately below. Requirements for the third and fourth parts are
described in the sections on the control strategy and the contingency
measures, respectively.
    The dispersion modeling is the attainment demonstration used to
verify that the control strategies will bring the area into attainment
of the 2008 Lead NAAQS. In order to determine whether the emission
reduction strategies will result in continued attainment of the NAAQS,
the modeled maximum lead concentration in ambient air (based on a
rolling three-month average) is added to the calculated background lead
concentration of 0.01 [mu]g/m\3\, then compared to the 2008 Lead NAAQS,
which is 0.150 [mu]g/m\3\. As discussed above, the dispersion modeling
predicts that the cumulative impacts of both facilities, with the
addition of background lead levels, meet the 2008

Lead NAAQS. The predicted maximum three-month rolling average lead
concentration is 0.137 [mu]g/m\3\. Therefore, EPA proposes to approve
the Kansas attainment demonstration because the dispersion modeling
demonstrates attainment of the standard.

G. New Source Review (NSR)

    Within the CAA, section 172(c)(5) requires permits for construction
and operation of new and modified major sources located within the
nonattainment area. A special permitting process applies to such
sources, referred to as a nonattainment new source review program.
Section 173 of the CAA mandates nonattainment new source review and an
approved state SIP must meet the requirements of 40 CFR 51.165.
    Kansas Administrative Regulation (K.A.R.) 28-19-16 et seq. require
major stationary sources of air pollution emissions located within any
area that has been identified as not meeting a national ambient air
quality standard for the pollutant for which the source is major to
obtain a permit prior to construction or major modification. EPA
approved the Kansas nonattainment new source review regulations on
January 16, 1990, (55 FR 1420).
    K.A.R. 28-19-300(a)(1)(F) requires any person who proposes to
construct or modify a stationary source or emissions unit to obtain a
construction permit before commencing such construction or modification
if the potential-to-emit of the proposed stationary source or emissions
unit, or the increase in the potential-to-emit resulting from the
modification, equals or exceeds 0.6 tons per year of lead or lead
compound. In addition, K.A.R. 28-19-301(d) states that a construction
permit or approval shall not be issued if the air contaminant emissions
from the source will interfere with the attainment or maintenance of
any ambient air quality standard. EPA approved K.A.R. 28-19-300(a) and
K.A.R. 28-19-301(d) on July 17, 1995. (60 FR 36361).

H. Contingency Measures

    As required by CAA section 172(c)(9), the SIP submittal includes
contingency measures to be implemented if the area has failed to make
RFP or if the area fails to attain the NAAQS by December 2016. If the
air quality data for any three-month rolling period after the
implementation of the control measures identified in the construction
permit for Exide exceed the 0.15 [mu]g/m\3\ three-month rolling average
lead standard, the facility shall implement the contingency measures
set forth in sections X and XI of the construction permit which are
found in appendix C of the attainment SIP.
    The Exide construction permit contains the following contingency
measures described below.
    (1) Within 60 days after the effective date of the permit, Exide
shall develop and submit to the Kansas Department of Environmental
Health (KDHE) for approval, compliance plans that shall be implemented
in accordance with section XII of the construction permit and include:
    a. An analysis of site conditions and operations that potentially
may impact, directly or indirectly, KDHE ambient air monitors,
including, but not limited to a root cause analysis and corrective/
preventive action process for attaining and maintaining the 0.15 [mu]g/
m\3\ standard, start up and shut down procedures, and other
improvements or optimizations that may become evident based on
identified potential sources of lead emissions. Each measure is to be
assigned a timeline for implementation and to be ranked with regard to
ease of implementation, cost and effectiveness;
    b. A fugitive dust control plan that shall include an
implementations timeline for each measures. The plan may include, but
not be limited to new enclosures or improvements to existing
enclosures, work practices for minimizing fugitive emissions during
maintenance activities, and countermeasures during period of adverse
meteorological conditions and/or agricultural conditions and practices
on grounds surrounding the plant that may affect fugitive dust impact
on KDHE ambient monitors;
    c. Identification and prioritization of measures, as developed in
a. and b. above that shall be implemented immediately upon notification
by KDHE of the first lead NAAQS violation. The contingent list of
measures may be modified upon approval by KDHE of more effective
measures identified by the root cause analysis.
    The compliance plan found in appendix F of the SIP was placed on
public notice on November 20, 2014. No comments were received. KDHE
submitted Exide's compliance plan for approval as an enforceable part
of the attainment SIP.
    (2) Within 30 days after KDHE notification, for each NAAQS
violation or for failure to maintain reasonable further progress (RFP),
Exide shall develop and submit to KDHE a root cause analysis which
shall include but not be limited to: The investigation of production/
operations performance, including startup, shutdown, malfunction and
maintenance periods and the resulting data and discussion;
meteorological data for the site and surrounding area; Exide's
fenceline site monitoring data; and any other conditions or events that
may be relevant to lead emissions and/or that may influence or impact
KDHE ambient air monitor results. Exide shall develop and submit to
KDHE documentation of corrective actions taken for each occurrence for
which there is found to be a controllable or preventable contributing
factor or root cause.
    (3) In addition to the root cause analysis described above and
corrective/preventative action process, Exide shall implement selected
and approved contingency measures as outlined in the compliance plan
developed by Exide described in paragraph (1) above. Exide shall submit
to KDHE documentation of implemented measures, including identification
of measures and timeline for implementation and effect.
    (4) Exide shall compile analyses and results from the contingency
measures described above in paragraphs (2) and (3) and shall implement
further contingency measures identified in the KDHE-approved compliance
plan.
    (5) Exide shall implement measures from the compliance plan for
control of fugitive dust and submit to KDHE the documentation from
implementation of these measures, the timeline for implementation and
effect.
    (6) Exide shall conduct stack testing on an increased frequency as
determined by KDHE. The scope and frequency will be based on KDHE's
evaluation of the root cause analysis required by paragraph (2) above.
    (7) Exide shall submit to KDHE for approval a revised attainment
demonstration with new modeling of emissions rates and/or work
practices, or other proposed changes, for attainment of the 2008 lead
NAAQS. The demonstration shall include the timeline for implementation.
    These additional contingency measures will also be subject to EPA
approval as part of the SIP. Any future changes to contingency measures
would require a public hearing at the state level and EPA approval as a
formal SIP revision. Until such time as EPA approves any substitute
measure, the measures included in the approved SIP will be the
enforceable measure. EPA does not intend to approve any substitutions
that cannot be implemented in the same timeframe as the original
measure. These measures will help ensure compliance with the 2008 lead
NAAQS as well as meet the requirements of section 172(c)(9) of the CAA.
EPA proposes to approve Kansas's SIP as meeting the requirements of
section 172(c)(9) of the CAA.

I. Enforceability

    As specified in section 172(c)(6) and section 110(a)(2)(A) of the
CAA, and 57 FR 13556, all measures and other elements in the SIP must
be enforceable by the state and EPA. The enforceable document included
in the Kansas SIP submittal is the construction permit dated August 18,
2014. The construction permit contains all control and contingency
measures with enforceable dates for implementation. Upon EPA approval
of the SIP submission, Exide's construction permit will become state
and Federally enforceable, and enforceable by citizens under section
304 of the CAA.
    EPA proposes to approve the Kansas SIP as meeting the requirements
of sections 172(c)(6) and 110(a)(2)(A) of the CAA, and 57 FR 13556.

VI. Proposed Action

    EPA is proposing to grant full approval of the Kansas attainment
demonstration SIP for the Saline County 2008 lead NAAQS nonattainment
area. EPA believes that the SIP submitted by the state satisfies the
applicable requirements of the CAA identified in EPA's Final Rule (73
FR 66964, October 15, 2008), and will result in attainment of the 0.15
[mu]g/m\3\ standard in the Saline County, Kansas, area.

Incorporation by Reference

    In this rule, 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 proposed amendments to 40 CFR part 52 set forth below.
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

VII. 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. 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 proposed action
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This proposed 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 April 29, 2016. Filing a petition for
reconsideration by the Administrator of this proposed rule does not
affect the finality of this rulemaking 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
future rule or action. This proposed 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: February 17, 2016.
Mark Hague,
Regional Administrator, Region 7.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart R--Kansas

0
2. Amend Sec.  52.870 by:
0
a. Revising paragraph (d) by adding new entry (5) at the end of the
table; and
0
b. Revising paragraph (e) by adding entry (43) at the end of the table.
    The revisions read as follows:

Sec.  52.870  Identification of plan.

    (d) * * *

                                EPA-Approved Kansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                    Permit or case  State effective
          Name of source                 No.              date         EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(5) Exide Technologies...........         1690035          8/18/14   2/29/16 [Insert
                                                                      Federal Register
                                                                      citation]

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

* * * * *
    (e) * * *

                                                      EPA-Approved Kansas Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Applicable geographic or    State submittal
 Name of nonregulatory SIP provision        nonattainment area             date          EPA approval date                    Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
(43) Attainment plan for 2008 lead     Salina......................          2/3/15   2/29/16 [Insert Federal  [EPA-R07-OAR-2015-0708].
 NAAQS.                                                                                Register citation].

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

[FR Doc. 2016-04080 Filed 2-26-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26241-26242]
[FR Doc No: 2014-10423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-160]

Alabama Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Non-project use of project lands and
waters.
    b. Project No: 2146-160.
    c. Date Filed: March 25, 2014.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Coosa River Project.
    f. Location: The project is located on the Coosa River, in
Cherokee, Etowah, Calhoun, St. Clair, Talladega, Shelby, Coosa,
Chilton, and Elmore counties, Alabama, and Floyd County, Georgia. The
proposed action would occur on the Logan Martin Development, in Lincoln
(Talladega County), Alabama.
    g. Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.
    h. Applicant Contact: Mr. Matthew J. Akin, Alabama Power Company,
600 18th Street North, Birmingham, AL 35203, telephone<PHONE_NUMBER>.
    i. FERC Contact: Mr. Lorance Yates at<PHONE_NUMBER> or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments and/or motions: May 30, 2014.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2146-160) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Application: Alabama Power Company proposes to
permit Cathy Harris to use project land and waters for development of
the England Isles RV park/campground by installing two new docks for
common use: One (1) dock with 4 slips and 16 cleats, accommodating no
more than 8 vessels; one (1) courtesy dock 50' in length with 2 cleats
and accommodating no more than 2 vessels. Additionally eleven (11) RV
lots will be platted out with water, sewer and power provided to each
lot. Each RV lot will have a gravel pad and one 50' pier. The RV

sites will be rented by the year and will have a full time manager.
Each RV will be placed on a gravel pad on natural ground and there will
be no grading or other dirt work.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits (P-2146)
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 30, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-10423 Filed 5-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35292-35293]
[FR Doc No: 2019-15526]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0713; Airspace Docket No. 18-AWP-10]
RIN 2120-AA66

Amendment of Multiple Air Traffic Service (ATS) Routes; Western
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies two jet routes (J-65 and J-110) and two
domestic VHF Omnidirectional Range (VOR) Federal airways (V-23 and V-
230) in the Western United States. The modifications are necessary due
to the planned decommissioning of Clovis, CA, VOR portion of the VOR/
Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which
provides navigation guidance for portions of the affected air traffic
service (ATS) routes. The Clovis, CA, VOR is being decommissioned as
part of the FAA's VOR Minimum Operational Network (MON) program.
Federal airway V-165, published in the Notice of Proposed Rulemaking,
requires more coordination and is removed from this rule.

DATES: Effective date 0901 UTC, October 10, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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 it supports amending the air traffic service route
structure in the western United States to maintain the efficient flow
of air traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2018-0713 in the Federal Register (83 FR 55308; November 5, 2018),
amending 2 jet routes (J-65 and J-110) and 3 Domestic VOR Federal
airways (V-23, V-165 and V-230) in the Western United States.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    This rule has a change from the NPRM. The NPRM proposed to amend
route V-165. Due to additional coordination required for flight check
satisfaction, V-165 will not be included in this final rule, but will
be finalized at a later date.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying jet routes J-65 and J-110 and domestic VOR Federal
airways V-23 and V-230. The route changes are outlined below.
    J-65: J-65 currently extends between the San Antonio, TX, VORTAC to
the Seattle, WA, VORTAC. The FAA is removing the segments between the
Shafter, CA, VORTAC and the Sacramento, CA, VORTAC, causing a gap in
the route. The route stops at the Shafter, CA, VORTAC and resumes at
the Sacramento, CA, VORTAC. The unaffected portion of the existing
route will remain as charted.
    J-110: J-110 currently extends between the Oakland, VA, VOR/DME to
the Coyle, NJ, VORTAC. The airway segment between the Oakland, CA, VOR/
DME and the Boulder City, NV, VORTAC is removed. The route now starts
at the Boulder City, NV, VORTAC and extends to the Coyle, NJ, VORTAC.
The unaffected portion of the existing route will remain as charted.
    V-23: V-23 currently extends between the Mission Bay, CA, VORTAC
and the Whatcom, WA, VORTAC and then to the Canadian Border
(approximately 7 miles northwest of the Whatcom, WA, VORTAC). The FAA
removed the sections between the Shafter, CA, VORTAC and the Linden,
CA, VOR/DME. The route now stops at the FRAME intersection (INT Shafter

338[deg] and Panoche 096[deg] radials) and resumes at the EBTUW
intersection (INT Panoche 035[deg] and Linden 141[deg] radials) causing
a gap in the route. The unaffected portion of the existing route will
remain as charted.
    V-230: V-230 currently extends between the intersection of the Big
Sur, CA, VORTAC 325[deg] and the Salinas, CA, VORTAC 281[deg] radials
to the Mina, NV, VORTAC. The FAA amended the route between the Panoche,
CA, VORTAC and the Friant, CA, VORTAC. The new route proceeds from the
Panoche, CA, VORTAC to the BLEAR intersection (Panoche 077[deg] and
Friant 239[deg] radials) to the Friant, CA, VORTAC. The unaffected
portion of the existing route will remain as charted.
    All radials in the route descriptions are unchanged and stated in
True degrees.
    Jet routes are published in paragraph 2004 and domestic VOR Federal
airways are published in paragraph 6010(a), of FAA Order 7400.11C dated
August 13, 2018, and effective September 15, 2018, which is
incorporated by reference in 14 CFR 71.1. The jet routes and domestic
VOR Federal airways listed in this document will be subsequently
published in the Order.

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
Department of Transportation (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 of modifying two jet routes
(J-65 and J-110) and two domestic VOR Federal airways (V-23 and V-230)
qualifies for categorical exclusion under the National Environmental
Policy Act and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F--Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to cause any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, this action has been reviewed for factors
and circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis, and
it is determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List 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 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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 2004 Jet Routes.

J-65 [Amended]

    From San Antonio, TX, INT San Antonio 323[deg] and Abilene, TX,
180[deg] radials; Abilene; Chisum, NM; Truth or Consequences, NM;
Phoenix, AZ; INT Phoenix 272[deg] and Blythe CA, 096[deg] radials;
Blythe; Palmdale, CA; INT Palmdale 310[deg] and Shafter, CA,
140[deg] radials; to Shafter, CA. From Sacramento, CA; Red Bluff,
CA; Klamath Falls, OR; to Seattle, WA.
* * * * *

J-110 [Amended]

    From Boulder City, NV; Rattlesnake, NM; Alamosa, CO; Garden
City, KS; Butler, MO; St. Louis, MO; Brickyard, IN; Bellaire, OH; to
Coyle, NJ.
* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

V-23 [Amended]

    From Mission Bay, CA; Oceanside, CA; 24 miles, six miles wide,
Seal Beach, CA; six miles wide, INT Seal Beach 287[deg] and Los
Angeles, 138[deg] radials; Los Angeles; Gorman, CA; Shafter, CA; to
INT Shafter 338[deg] and Panoche 096[deg] radials. From INT Panoche
035[deg] and Linden 141[deg] radials; Linden, CA; Sacramento, CA;
INT Sacramento 346[deg] and Red Bluff, CA, 158[deg] radials; Red
Bluff; 58 miles, 95 MSL, Fort Jones, CA; Rogue Valley, OR; Eugene,
OR; Battle Ground, WA; INT Battle Ground 350[deg] and Seattle, WA,
197[deg] radials; 21 miles, 45 MSL, Seattle; Paine, WA; Whatcom, WA;
via INT Whatcom 290[deg] radial to the United States/Canadian
border.
* * * * *

V-230 [Amended]

    From INT Big Sur, CA, 325[deg] and Salinas, CA, 281[deg]
radials; Salinas; Panoche, CA; INT Panoche 077[deg] and Friant
239[deg] radials; Friant, CA; to Mina, NV. The portion outside the
United States has no upper limit.

    Issued in Washington, DC, on July 16, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-15526 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3712-3714]
[FR Doc No: 2020-00886]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2019-0021; OMB No. 1660-NW75]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Facility Access Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a new
information collection. In accordance with the Paperwork Reduction Act
of 1995, this

notice seeks comments concerning the Facility Access Request forms. The
purpose of the forms is to apply for access to a FEMA controlled
facility. This information is used to create a profile in the Physical
Access Control System. The personally identifiable information is used
to authenticate the identity of Federal employees, contractors, and
visitors who have entry authorization, and in the event of an
emergency, to contact individuals.

DATES: Comments must be submitted on or before March 23, 2020.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2019-0021. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: J'son Tyson; Chief, Identity
Credential and Access Management; FEMA/OCSO/FOD;<PHONE_NUMBER>;
exception occurred on : 2020-00886.htm
exception occurred on : 2020-00886.htm
j'[email protected]. You may contact the Information Management
Division for copies of the proposed collection of information at email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) requires all new FEMA employees, contractors, and visitors to
complete a Facility Access Request, FEMA Form 121-3-1-3A, prior to
accessing any FEMA facility. In addition, for certain facilities
designated as high security, current FEMA employees, contractors, and
visitors will be required to fill out a separate Facility Access
Request, FEMA Form 121-3-1-3B. The collection of personally
identifiable information (PII) on both Facility Access Request forms
will be used to create a profile in the Physical Access Control System
(PACS) and authenticate the identity of Federal employees, contractors,
and visitors who request entry authorization.
    FEMA will use the information to run a background check through the
National Crime Information Center (NCIC) on non-Federal visitors and
individuals accessing high security facilities. NCIC is a computerized
database administered by the Federal Bureau of Investigation (FBI) that
provides ready access to law enforcement agencies for making inquiries
about an individual's criminal history. This check verifies that the
individual does not have any outstanding warrants for criminal
activities indicating a risk to the Department.
    All non-FEMA employees and contractors are visitors. Visitors who
are employed by the U.S. Government or government contractors working
for an agency other than FEMA must present a valid employee
identification card issued by their employing agency and an on-site
FEMA-employed sponsor must confirm the visit through the Facility
Access Request. The visitor's first and last name, agency of
employment, and armed status are recorded in PACS as well as the first
and last name of the sponsor. This information may be provided in
advance or, if no notice of the visit is given, at time of entry.
    U.S. citizens who are not employed by the U.S. Government or
government contractors who intend to visit a FEMA facility are subject
to a background check using the NCIC system. As with non-FEMA U.S.
Government employees and contractors, all prospective visitors falling
under the non-Federal U.S. citizen category must be sponsored by an on-
site FEMA employee who serves as the primary point of contact for the
Office of the Chief Security Officer (OCSO) during the screening
process. Sponsors initiate the screening process for non-Federal U.S.
citizens by contacting the FEMA Access Control office to communicate
their intention to host one or more visitors.
    To begin the screening process, FEMA OCSO collects PII from
prospective visitors using FEMA Form 121-3-1-3A or FEMA Form 121-3-1-
3B, Facility Access Request, depending on the security level of the
facility that the employee, contractor, or visitor requires access.
    OCSO grants or denies access based on the information provided by
NCIC. The determination to grant or deny access is communicated back to
the sponsor and recorded in the visitor management module of the PACS
along with the date the NCIC search was conducted.
    Visitor management is governed by DHS Instruction Manual 121-01-
011-01, Visitor Management for DHS Headquarters and DHS Component
Headquarters Facilities; FEMA Directive 121-1, Personal Identification
Standard; FEMA Directive 121-3, Facility Access; and FEMA Instruction
121-3-1, Credential and Access Reference.

Collection of Information

    Title: Facility Access Request.
    Type of Information Collection: New information collection.
    OMB Number: 1660-NW75.
    FEMA Forms: FEMA Form 121-3-1-3A and 121-3-1-3B.
    Abstract: The purpose of these forms is to apply for access to all
FEMA controlled facilities. This information is used to create a
profile in the PACS. The PII is used to authenticate the identity of
Federal employees, contractors, and visitors who have entry
authorization, and in the event of an emergency, to contact
individuals. Respondents are typically all occupations.
    Affected Public: Federal Government & State, local or Tribal
Government.
    Estimated Number of Respondents: 20,500.
    Estimated Number of Responses: 20,500.
    Estimated Total Annual Burden Hours: 3,485.
    Estimated Total Annual Respondent Cost: $127,098.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $23,027.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology,

e.g., permitting electronic submission of responses.

Maile Arthur,
Acting Records Management Branch Chief, Mission Support, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2020-00886 Filed 1-21-20; 8:45 am]
 BILLING CODE 9111-19-P


[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52645-52646]
[FR Doc No: 2014-20971]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-97-000]

Public Service Company of Colorado; Notice of Petition for
Declaratory Order

    Take notice that on August 26, 2014, pursuant to Rule 207(a) of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207(a)(2), Public Service Company of Colorado
filed a petition for an order declaring: (i) The attempt of the City of
Boulder, Colorado

to condemn (PSCo's) transmission facilities and associated substations
requires prior approval by the Commission under Federal Power Act
section 203, 16 U.S.C. 824b; (ii) the Commission, when exercising its
section 203 jurisdiction, will apply its longstanding criteria that
consider, inter alia, the effect of the proposed transfer on rates,
regulation and other relevant factors; and (iii) the Commission's
exercise of its section 203 jurisdiction does not diminish the
authority of the Colorado Public Utilities Commission with respect to
the condemnation.
    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 Petitioner.
    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.
    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 email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 25, 2014.

    Dated: August 27, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-20971 Filed 9-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]
[Page 19390-19391]
[DOCID:fr14ap10-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0246; FRL-8820-9]

Cydia Pomonella Granulovirus; Product Cancellation Order for a
Pesticide Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order of a product
containing the pesticide, Cydia pomonella granulovirus, pursuant to
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows the December 31,
2009, expiration of a conditional, time-limited registration. This is
not the last Cydia pomonella granulovirus product registered for use in
the United States. Any distribution, sale, or use of the Cydia
pomonella granulovirus product subject to this cancellation order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.

DATES: The cancellation of the product listed in Table 1 of Unit II.
was effective December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0246. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency Taking?

    This notice announces the expiration of a Cydia pomonella
granulovirus end-use product registered under section 3 of FIFRA.
Furthermore, this notice serves as a cancellation order and provides
terms governing the distribution, sale, and use of existing stocks of
the affected product. This registration is listed in Table 1 of this
unit.

      Table 1.-- Cydia pomonella granulovirus Product Cancellation
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
72898-3                                     VirosoftCP4
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit.

             Table 2.-- Registrant of the Cancelled Product
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
72898                                       Biotepp, Incorporated
                                            575 Viewridge Drive
                                            Angwin, CA 94508
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the expiration of
the Cydia pomonella granulovirus registration identified in Table 1 of
Unit II. The Agency considers the expiration of a conditional, time-
limited registration to be a cancellation under section 3 of FIFRA, for
purposes of section 6(a)(1) of FIFRA. Any distribution, sale, or use of
existing stocks of the cancelled product identified in Table 1 of Unit
II. in a manner inconsistent with any of the Provisions for Disposition
of Existing Stocks set forth in Unit IV. will be considered a violation
of FIFRA.

IV. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of a registered pesticide product
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stock provisions:
    1. The registrant may continue to sell or distribute existing
stocks of the Cydia pomonella granulovirus product identified in Table
1 of Unit II. with previously approved labeling until June 30, 2011.
     2. Persons other than the registrant may continue to sell or
distribute existing stocks of the Cydia pomonella granulovirus product
listed in Table 1 of Unit II. with previously approved labeling until
such stocks are exhausted.
     3. Persons other than the registrant may use existing stocks of
the Cydia pomonella granulovirus product listed in Table 1 of Unit II.
until existing stocks are exhausted. Any use of existing stocks must be
in a manner consistent with the previously approved labeling for that
product.

List of Subjects

    Environmental protection, Pesticides and pests, Cancellation order.

    Dated: April 6, 2010.
 W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. 2010-8521 Filed 4-13-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: August 7, 2006 (Volume 71, Number 151)]
[Notices]
[Page 44682-44683]
[DOCID:fr07au06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1971-079]

Idaho Power Company; Notice of Availability of the Draft
Environmental Impact Statement for the Hells Canyon Hydroelectric
Project

July 28, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for license for the
Hells Canyon Project (FERC No. 1971), located on the Snake River in
Washington and Adams, Counties, Idaho, and Wallowa and Baker Counties,
Oregon, and has prepared a Draft Environmental Impact Statement (draft
EIS) for the project. About 5,270 acres of Federal lands administered
by the Forest Service (Payette and Wallowa-Whitman National Forests and
Hells Canyon National Recreational Area) and the Bureau of Land
Management are included within the project boundary.
    The draft EIS contains staff evaluations of the Idaho Power
Company's proposal and the alternatives for relicensing the Hells
Canyon Project. The draft EIS documents the views of governmental
agencies, non-governmental organizations, affected Indian tribes, the
public, the license applicant, and Commission staff.
    A copy of the draft EIS is available for review in the Commission's
Public Reference Branch, Room 2A, located at 888 First Street, NE.,
Washington, DC 20426, 1-866-208-3676,

<EMAIL_ADDRESS>The draft EIS also may be viewed on the
Commission's Web site at http://www.ferc.gov under the eLibrary link.

Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    CD versions of the draft EIS have been mailed to everone on the
mailing list for the project. Copies of the CD, as well as a limited
number of paper copies, are available from the Public Reference Room
identified above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Comments should be filed with Magalie R. Salas, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. All comments must be filed by October 3, 2006, and should
reference Project No. 1971-079. Comments may be filed electronically
via the Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and instructions on
the Commission's Web site at http://www.ferc.gov under the eLibrary

link.
    Anyone may intervene in this proceeding based on this draft EIS (18
CFR 380.10). You must file your request to intervene as specified
above.\1\ You do not need intervenor status to have your comments
considered.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    In addition to or in lieu of sending written comments, you are
invited to attend public meetings that will be held to receive comments
on the draft EIS. Two meetings have been scheduled for Thursday night,
September 7, and Friday morning, September 8, 2006, in Boise, Idaho.
Details of these public meetings, and other meetings yet to be
scheduled, will be included in a separate notice, as well as posted on
the Commission's Web site (http://www.ferc.gov).

    For further information, contact Alan Mitchnick at<PHONE_NUMBER>,

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12717 Filed 8-4-06; 8:45 am]

BILLING CODE 6450-01-P