[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Page 38505]
[FR Doc No: 2023-12629]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1660-000]

Cleco Power LLC; Notice Shortening Comment Period

    1. On June 6, 2023, Cleco Power LLC (Cleco) filed an Unopposed
Second Motion for Extension of Comment Period and Limited Abeyance
(Motion). Cleco's Motion requests an extension of time from June 8,
2023 to June 29, 2023, to comment on its Request for Limited Waiver and
Expedited Consideration, requesting waiver of the Midcontinent
Independent System Operator, Inc.'s (MISO) Open Access Transmission,
Energy and Operating Reserve Markets Tariff to allow it to extend its
expected Commercial Operation Date under the MISO Generator Replacement
Process, filed on April 18, 2023, in the above-captioned proceeding.
Cleco requests that the Commission shorten the period for responses to
this motion to one business day.
    2. Upon consideration, notice is hereby given that the deadline for
filing answers to Cleco's June 6, 2023 Motion is shortened to 12:00
p.m., EST, on Thursday June 8, 2023.

    Dated: June 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-12629 Filed 6-12-23; 8:45 am]
BILLING CODE 6717-01-P


10/27/2021 Baseline WQS and Tribal Reserved Rights Meeting  -  Oklahoma Water Resources Board

 Introductions
 Jenn Brundage: Reserved Rights Presentation
 Mary Lou and James: Baseline Presentation
Q&A:
Q: How do you get geospatial data for Oklahoma, and how do you promulgate a rule without that information?
Q: What is the geospatial application of these rules in Oklahoma? Concerned about these rules coming out without geospatial data in OK.
Q: As a state we have taken the responsibility and accepted it to establish WQS across the state, and you (EPA) are confusing part of the authority we have as a state, by implementing the WQS rulemaking. Implementation occurs across the state as of right now. No one seems to know where the state standards do not apply in OK, as far as tribal lands.
Q: 305B type of report is used for information to Tribal leaders. The 303D is not used as much.
Q: Is permitting is going to have to go through a variety of authorities to get approval in cities/towns that have multiple authoritative entities. At some point is the City of Tulsa going to have to seek a permit both from the state and EPA?
Q: Creating tier 3 antidegradation status in culturally used waters can create a huge discrepancy in how permitting is currently done in OK. If you look at the way tribal lands are set across OK, there is no certainty in boundaries. Boundaries are going to begin to get set, and not knowing those boundaries to begin with will create some issues when they are set. Wants EPA to take time to let OK get settled in boundaries before it is implemented there.
Q: I (Rebecca Veiga) don't think it's too unsettled to move ahead, but strongly urge and request to not move forward without spatial data for OK.
Q: More thoughtfully consider the State of Oklahoma, seek additional legal and expert advice on the issues and difficulties in OK.
 Closing Remarks
 Implementation needs to be vetted while developing the framework
 Looking at the same language will help to continue the conversations


[Federal Register: March 13, 2009 (Volume 74, Number 48)]
[Proposed Rules]
[Page 10850-10853]
[DOCID:fr13mr09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0073]
RIN 1625-AA09

Drawbridge Operation Regulation; Perquimans River, Hertford, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of the US17 Bridge, at mile 12.0, across Perquimans River
at Hertford, NC. This proposal would allow the drawbridge to operate on
an advance notice basis during specific times of the year. The proposed
change would result in more efficient use of the bridge during months
of infrequent transit.

DATES: Comments and related material must reach the Coast Guard on or
before April 27, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0073 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Sandra S. Elliott, Bridge

Management Specialist, Fifth Coast Guard District, at<PHONE_NUMBER>.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the DocketManagement
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0073), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2009-0073)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA<PHONE_NUMBER>
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    The North Carolina Department of Transportation (NCDOT) is
responsible for the operation of the US17 Bridge, at mile 12.0, across
Perquimans River at Hertford, NC. NCDOT requested advance notification
for vessel openings during specific times of the year due to the
infrequency of requests for vessel openings of the drawbridge.
    The US17 Bridge has a vertical clearance of three feet above mean
high water in the closed-to-navigation position. The existing operating
regulation is set out in 33 CFR 117.835, which requires the draw to
open on signal from 8 a.m. to midnight from April 1 through September
30, and from 10 a.m. to 10 p.m. from October 1 through March 31. The
draw need not be opened at all other times.
    Bridge opening data, supplied by NCDOT, revealed a significant
decrease in yearly openings. In the past three years from 2006 to 2008,
the bridge opened for vessels 363, 451 and 266 times, respectively.
(See Table A)

Table A

                                            Bridge Openings for 2006
----------------------------------------------------------------------------------------------------------------
   JAN       FEB       MAR       APR       MAY       JUN      JUL      AUG      SEPT     OCT      NOV      DEC
----------------------------------------------------------------------------------------------------------------
    15         4        12        18        59        46        59       37       39       23       35       16
----------------------------------------------------------------------------------------------------------------

                                            Bridge Openings for 2007
----------------------------------------------------------------------------------------------------------------
   JAN       FEB       MAR       APR       MAY       JUN      JUL      AUG      SEPT     OCT      NOV      DEC
----------------------------------------------------------------------------------------------------------------
    12        10        14        18        34        79        94       50       45       42       17       36
----------------------------------------------------------------------------------------------------------------

                                            Bridge Openings for 2008
----------------------------------------------------------------------------------------------------------------
   JAN       FEB       MAR       APR       MAY       JUN      JUL      AUG      SEPT     OCT      NOV      DEC
----------------------------------------------------------------------------------------------------------------
     9        12        22        26        13        23        76       18       26       20       14        7
----------------------------------------------------------------------------------------------------------------

    Most of the businesses that previously brought materials in via
barges through this drawbridge have ceased to operate or they are
utilizing different forms of transportation to move their materials. As
such, this dramatic decrease in waterway traffic has resulted in much
less frequent openings of the draw itself.
    Due to the anticipated infrequency of requests for vessel openings
of the drawbridge, NCDOT requested to change the current operating
regulation

by requiring the draw of the bridge to open on signal from May 1 to
September 30 from 8 a.m. to 10 p.m., and from October 1 to April 30
from 10 a.m. to 8 p.m., if two hours notice is given. The draw need not
be opened at all other times.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.835, by revising the
paragraph to read that the draw of the US17 bridge, mile 12.0 at
Hertford, NC, shall open on signal from 8 a.m. to 10 p.m. from May 1
through September 30; and from 10 a.m. to 8 p.m. from October 1 through
April 30, if two hours notice is given. The draw need not be opened at
all other times.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridge. Mariners can plan their trips in accordance with the proposed
scheduled bridge openings, to minimize delays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would not have a significant economic impact on
a substantial number of small entities because the rule only adds
minimal restrictions to the movement of navigation, and mariners who
plan their transits in accordance with the proposed scheduled bridge
openings can minimize delay.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District,<PHONE_NUMBER>. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action.Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency

provides Congress, through the Office of Management and Budget, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraph 32(e), of the
Instruction because it simply promulgates the operating regulations or
procedures for drawbridges. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.835 to read as follows:

Sec.  117.835  Perquimans River

    The draw of the US17 Bridge, mile 12.0, at Hertford, NC shall open
on signal from 8 a.m. to 10 p.m. from May 1 through September 30; and
from 10 a.m. to 8 p.m. from October 1 through April 30, if two hours
notice is given. The draw need not be opened at all other times.

    Dated: February 17, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E9-5408 Filed 3-12-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Page 54229]
[FR Doc No: 2022-19040]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4664-DR; Docket ID FEMA-2022-0001]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-4664-DR), dated August 2,
2022, and related determinations.

DATES: The declaration was issued August 2, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 2, 2022, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from a severe storm, straight-line winds,
tornadoes, and flooding during the period of June 11 to June 14,
2022, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Alana B. Kuhn, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Butte, Haakon, Jackson, Jones, McPherson, and Spink Counties for
Public Assistance.
    All areas within the State of South Dakota are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-19040 Filed 9-1-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60771-60773]
[FR Doc No: 2021-23376]

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

40 CFR Part 52

[EPA-R09-OAR-2021-0524; FRL-8808-02-R9]

Air Plan Approval; California; Eastern Kern Air Pollution Control
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Eastern Kern Air Pollution Control
District (EKAPCD) portion of the California State Implementation Plan
(SIP). This revision concerns EKAPCD's demonstration regarding
reasonably available control technology (RACT) requirements and
negative declarations for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS or ``standards'') in the portion of the Kern
County nonattainment area under the jurisdiction of EKAPCD.

DATES: This rule will be effective on December 6, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0524. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, 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 https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 25, 2021 (86 FR 47435), the EPA proposed to approve the
California Air Resources Board's (CARB) August 9, 2017 submittal of the
Eastern Kern Air Pollution Control District Reasonable Available
Control Technology (RACT) State Implementation Plan (SIP) for the 2008
Ozone National Ambient Air Quality Standards (NAAQS) (``2017 RACT
SIP'').

----------------------------------------------------------------------------------------------------------------
             Local agency                              Document                     Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD...............................  Eastern Kern Air Pollution Control           05/11/2017       08/09/2017
                                        District Reasonable Available Control
                                        Technology (RACT) State Implementation
                                        Plan (SIP) for the 2008 Ozone National
                                        Ambient Air Quality Standards (NAAQS)
                                        (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this submittal because we determined that it
complies with the relevant Clean Air Act (``Act'') requirements. Our
proposed action contains more information on the submittal and our
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    This action is one of three EPA actions on the EKAPCD 2017 RACT SIP
submittal. The other two actions are as follows:

    (1) On January 14, 2021 (86 FR 3816), the EPA approved EKAPCD's
negative declaration for the Control Techniques Guidelines (CTG)
category associated with the Oil and Natural Gas Industry (EPA-453/
B-16-001). We assessed internet sites for California's Department of
Conservation Geologic Energy Management Division's (CalGEM) Well
Finder, CARB's pollution mapping tool, and the California Energy
Commission's California Natural Gas Pipelines and determined there
were no oil and gas operations within EKAPCD's jurisdiction convered
by the Oil and Natural Gas CTG.\1\
---------------------------------------------------------------------------

    \1\ Technical Support Document for EPA's Clean Air Act
Rulemaking for the California State Implementation Plan Eastern Kern
County Air Pollution Control District Negative Declaration for
Control Techniques Guidelines for the Oil and Natural Gas Industry,
dated August 2020 and prepared by Sina Schwenk-Mueller.
---------------------------------------------------------------------------

    (2) The amended rules for major source oxides of nitrogen
(NOX) were submitted separately on May 23, 2018, and
August 22, 2018. These rules and the RACT certification

for major source NOX will be addressed in a separate
---------------------------------------------------------------------------
action.

    This action addresses the remainder of the 2017 RACT SIP
submission. Additional details about the submission and the EPA's
separate actions thereon are available in the proposed action (86 FR
47435) and the technical support document (TSD).
    No comments were submitted on the proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
2017 RACT SIP into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 the 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, the SIP 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 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. The EPA will submit a report containing this 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 3, 2022. 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: October 20, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(503)(ii)(A)(2) to
read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (503) * * *
    (ii) * * *
    (A) * * *
    (2) Reasonable Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 Ozone National Ambient Air
Quality Standards (NAAQS) except the portion addressing the Negative
Declaration for the Oil and Natural Gas CTG, as adopted on May 11,
2017.
* * * * *

0
3. Section 52.222 is amended by revising paragraph (a)(16)(i) to read
as follows:

Sec.  52.222  Negative declarations.

    (a) * * *
    (16) * * *
    (i) The following negative declarations for the 2008 ozone standard
were adopted by the District on May 11, 2017 and submitted to the EPA
on August 9, 2017:

                    Table 16 to Paragraph (a)(16)(i)
------------------------------------------------------------------------
         EPA document No.                           Title
------------------------------------------------------------------------
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans.

EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Coils.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Paper.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Fabrics.
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Automobiles, and Light-Duty
                                     Trucks.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-026..................  Control of Hydrocarbons from Tank
                                     Truck Gasoline Loading Terminals.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-77-035..................  Control of Volatile Organic
                                     Emissions from Bulk Gasoline
                                     Plants.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-77-037..................  Control of Volatile Organic
                                     Emissions from Use of Cutback
                                     Asphalt.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.
EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts-
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/2-78-047..................  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Control of Volatile Organic Compound
                                     Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry.
EPA-450/4-91-031..................  Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
EPA-453/R-06-001..................  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
EPA-453/R-06-002..................  Control Technology Guidelines for
                                     Offset Lithographic Printing and
                                     Letterpress Printing.
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Technique Guidelines for
                                     Flat Wood Paneling Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     Paper Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     Film Coatings.
EPA-453/R-07-003..................  Control Techniques Guidelines for
                                     Foil Coatings.
EPA-453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA-453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA-453/R-08-004..................  Control Techniques Guidelines for
                                     Fiberglass Boat Manufacturing
                                     Materials.
EPA-453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA-453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-duty Truck
                                     Assembly Coatings.
EPA-453/R-94-032..................  Alternative Control Technology
                                     Document--Surface Coating
                                     Operations at Shipbuilding and Ship
                                     Repair Facilities and Control
                                     Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating), see
                                     the Federal Register of 8/27/96.
EPA-453/B-16-001..................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-23376 Filed 11-3-21; 8:45 am]
BILLING CODE 6560-50-P