[Federal Register: September 26, 2005 (Volume 70, Number 185)]
[Notices]
[Page 56178]
[DOCID:fr26se05-50]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3250-EM]

Ohio; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Ohio (FEMA-3250-EM), dated September 13,
2005, and related determinations.

 DATES: Effective September 13, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 13, 2005, the President declared an emergency
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford
Act), as follows:

    I have determined that the emergency conditions in the State of
Ohio, resulting from the influx of evacuees from states impacted by
Hurricane Katrina beginning on August 29, 2005, and continuing, is
of sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act).
Therefore, I declare that such an emergency exists in the State of
Ohio.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act to save lives and protect public health and safety, or
to lessen or avert the threat of a catastrophe in the designated
areas. Specifically, you are authorized to provide emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program, at 100 percent
Federal funding. This assistance excludes regular time costs for
subgrantees' regular employees. In addition, you are authorized to
provide such other forms of assistance under Title V of the Stafford
Act as you may deem appropriate.
    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 emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
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 Acting Under Secretary for
Emergency Preparedness and Response, Department of Homeland Security,
under Executive Order 12148, as amended, Janet M. Odeshoo, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
emergency.
    I do hereby determine the following areas of the State of Ohio to
have been affected adversely by this declared emergency:

    All 88 counties in the State of Ohio for Public Assistance
Category B (emergency protective measures), including direct Federal
assistance, at 100 percent Federal funding.

(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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program-Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
 Acting Under Secretary, Emergency Preparedness and Response,
Department of Homeland Security.
[FR Doc. 05-19115 Filed 9-23-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Pages 56465-56466]
[FR Doc No: 2011-23326]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4019-DR; Docket ID FEMA-2011-0001]

North Carolina; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4019-DR), dated August 31, 2011,
and related determinations.

DATES: Effective Date: September 2, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of August 31, 2011.

    Currituck, Pitt, and Washington Counties for Individual
Assistance.
Onslow County for Individual Assistance (already designated for
Public Assistance).

(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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-23326 Filed 9-12-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Notices]
[Pages 35668-35669]
[FR Doc No: 2020-12631]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Agency Information Collection Activities: Announcement of the
Office of Management and Budget (OMB) Control Numbers Under the
Paperwork Reduction Act

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice; announcement of the Office of Management and Budget's
(OMB) approval of information collection requirements.

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

SUMMARY: The Occupational Safety and Health Administration (OSHA)
announces that OMB extended approval for information collection
requirements found in OSHA's standards and a new collection of
information pertaining to OSHA's Alliance Program outlined in this
notice. OSHA sought approval of these requirements under the Paperwork
Reduction Act of 1995 (PRA), and, as required by that Act, is
announcing the approval numbers and expiration dates for these
requirements and regulations.

DATES: Applicable June 11, 2020.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a series of Federal Register notices, the
agency provided 60-day comment periods for the public to respond to
OSHA's burden hour and cost estimates. The various information
collection (paperwork) requirements in the safety and health standards
pertain to general industry, construction, and maritime (i.e., 29 CFR
parts 1910, 1915, and 1926), and a collection of information pertaining
to OSHA's Alliance Program.
    In accordance with the PRA (44 U.S.C. 3501-3520), OMB approved
these information collection requirements. The table provides the
following information for each of these requirements approved by OMB:
The title of the Federal Register notice; the Federal Register citation
(date, volume, and leading page); OSHA docket number; OMB's Control
Number; and the new expiration date.
    In accordance with 5 CFR 1320.5(b), an agency cannot conduct,
sponsor, or require a response to a collection of information unless
the collection displays a valid OMB control number and the agency
informs respondents that they need not respond to the collection of
information.

----------------------------------------------------------------------------------------------------------------
                                                    Date of Federal Register
  Title of the information collection request     publication, Federal Register     OMB control     Expiration
                                                  citation, and OSHA docket No.         No.            date
----------------------------------------------------------------------------------------------------------------
Beryllium Standard for General Industry (29     February 3, 2020, 83 FR 5996,          1218-0267      05/31/2023
 CFR 1910.1024), Construction (29 CFR            Docket No. OSHA-2019-0010.
 1926.1124), and Maritime (29 CFR 1915.1024).
Cranes and Derricks in Construction (29 CFR     July 30, 2018, 83 FR 36507,            1218-0270      02/28/2022
 1926, Subpart CC): Operator Qualification.      Docket No. OSHA-2018-0009.
Occupational Noise Exposure (29 CFR 1910.95)..  November 21, 2019, 84 FR 64349,        1218-0048      04/30/2023
                                                 Docket No. OSHA-2010-0017.
Occupational Safety and Health Administration   June 21, 2018, 83 FR 28868,            1218-0274      02/28/2023
 Alliance Program.                               Docket No. OSHA-2018-0006.
Process Safety Management of Highly Hazardous   June 28, 2019, 84 FR 31119,            1218-0200      04/30/2023
 Chemicals (PSM) (29 CFR 1910.119, 1926.64).     Docket No. OSHA-2012-0039.
----------------------------------------------------------------------------------------------------------------

Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on June 5, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-12631 Filed 6-10-20; 8:45 am]
BILLING CODE 4510-26-P


<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">

<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.2900.5726" name=GENERATOR>

From: Herb, Nancy
Sent: Friday, September 14, 2007
9:21 AM
To: Mahinske, Jane
Subject: FW: James River Face and
Shenandoah Consultation

Hi
Jane - email below is confirmation that VA is not looking for additional
reduction/consultation from PA.

-----Original Message-----
From: McLeod,Doris
[mailto:damcleod@deq.virginia.gov]
Sent: Friday, September 14, 2007
8:47 AM
To: Herb, Nancy
Cc: Ballou,Thomas
Subject:
James River Face and Shenandoah Consultation

Hey
Nancy,

Sorry I didn’t get this
to you last night.

VA is not asking PA for
any additional reductions or for further consultation during this round of RH
since our analysis shows that maximum normalized contribution of any PA source
to Shenandoah or James River Face is <1%.  For Shenandoah, the highest
shown in the area of influence calculation is a facility called Cambria Cogen,
42-021-0046, with a calculated influence of 0.42%.  The highest shown in
the area of influence calculation for James River Face is a facility labeled
PADEP BAQ, 42-007-0032, with a calculated influence of 0.15%.  These calcs
are all based on estimated 2018 emissions.

Hope this helps,

Doris
McLeod

Air Quality Planner,
VDEQ

804-698-4197
(phone)

804-698-4510
(fax)

<A
href="mailto:damcleod<EMAIL_ADDRESS>
NOTE:
New Mailing Address

P.O.
Box
1105

Richmond,
VA
23218

-----Original
Message-----
From: Laura
Crowder<EMAIL_ADDRESS>
Sent: Thursday, September
13, 2007 10:07
AM
To: McLeod,Doris; Nancy Herb
Cc: Jane Mahinske; Fred Durham
Subject: RE: James
River Face and
Shenandoah

Nancy,

You are
correct,  we are not going to ask PA to make any additional reductions or
to consult further. Our analysis shows that PA sources contribute
5.26% to visibility impairment at Dolly Sods and the largest contribution from a
single unit is 0.58% from Allegheny's Hatfield Ferry Unit 32, with next
two largest contributors also being units at Hatfield Ferry, each with
a contribution of 0.57%.

Laura

Laura Mae
Crowder
Division of Air Quality
phone:<PHONE_NUMBER> ext.
1247
fax:<PHONE_NUMBER>
email: <A
href="mailto:lcrowder<EMAIL_ADDRESS>"Herb, Nancy"<EMAIL_ADDRESS>9/12/2007 9:06 AM
>>>

Hi Laura and
Doris,

I realized there
was one more item I wanted to follow up on with you.  I believe I may
have spoken to Doris about it before, but I wanted to confirm that Virginia
and West Virginia are not identifying Pennsylvania as an important contributor
to visibility impairment in their Class I areas and are not requesting that
Pennsylvania participate in their state-to-state consultation process for the
first round of regional haze SIPs.

Thanks
again,

Nancy

-----Original
  Message-----
From: Laura
  Crowder<EMAIL_ADDRESS>  style="FONT-WEIGHT: bold">Sent: Tuesday, September
  11, 2007
  8:41
  AM
To: Doris McLeod; Nancy Herb
Cc: Jane Mahinske
Subject: RE: James
  River Face and
  Shenandoah

Nancy,

Dolly Sods is
  representative of Otter Creek. (There is not a monitor at Otter
  Creek.)

Laura

Laura Mae
  Crowder
Division of Air Quality
phone:<PHONE_NUMBER> ext.
  1247
fax:<PHONE_NUMBER>
email: <A
  href="mailto:lcrowder<EMAIL_ADDRESS>  "Herb, Nancy"<EMAIL_ADDRESS>9/11/2007 7:34 AM >>>

Hi
  Doris,

Thanks so much for getting this to me so quickly!  I really
  appreciate it.  I added information to our SIP about the IMPROVE monitor
  locations, natural background and baseline conditions for Dolly Sods, Otter
  Creek, Shenandoah, and James River Face.  Some of the information I got
  from your powerpoint, some from the VIEWS database.  Would you prefer
  that I cite VIEWS as the source or correspondence with you?  I think the
  FLMs might also ask us to include calculations of the uniform rate of progress
  for these 4 VISTAS areas.

And, just to confirm, the Dolly Sods
  monitor is the representative monitor for Otter Creek, correct?

Thanks
  again,

Nancy

-----Original Message-----
From: McLeod,Doris
  [<A
  href="mailto:damcleod<EMAIL_ADDRESS>
  Monday, September
  10, 2007
  9:48
  AM
To: Herb,
  Nancy
Cc: Mahinske, Jane; Laura Crowder
Subject: James River Face and Shenandoah

Hey
  Nancy,

First off, I apologize for the size of this file.  VISTAS
  does much of
their information sharing using PPT charts and graphs, and I
  think this
file has the most recent data available for the VA sites.
  We are using
the new improve equation, and there are graphs showing new vs
  old, as
well as the changes to the natural condition numbers.

VISTAS
  has a large number of Class I's, so they lumped the Class I's
into groups
  by geography and other similarities.  Since Shen and JRF are
lumped
  into an Appalachian region in VISTAS, the presentation also has
Dolly Sods
  info in it.  I am still going through the torture of
reasonable
  progress, and I know Laura has a jump on me with the SIP
development, so I
  think she can tell both of us if these are indeed the
most recent numbers.

Let me see what else I can dig up for you.

On a related note,
  have you guys made any changes to your 2018 SO2
inventory based on the
  controls you may be expecting due to your Hg
regulation?  I asked
  Arleen Shulman about this a while back, and it
sounded like you guys
  haven't made any changes to your 2018 inventory.
Just wanted to double
  check, though.

Doris McLeod
Air Quality Planner,
  VDEQ
804-698-4197 (phone)
804-698-4510
<EMAIL_ADDRESS> New Mailing
  Address
P.O.
  Box
  1105
Richmond, VA  23218

-----Original Message-----
From: Herb, Nancy
  [<A href="mailto:nherb<EMAIL_ADDRESS>
Sent:
  Monday, September
  10, 2007
  8:05
  AM
To:
  McLeod,Doris
Cc: Mahinske, Jane
Subject: regional haze

Hi
  Doris,

We are still working on the regional haze SIP.  We had a
  conference call
with the FLMs at the end of August.  They asked us to
  add information
for Virginia and West Virginia Class I areas that our emission might
affect.
  For example, our draft SIP included a table of MANE-VU Class I
areas and
  the IMPROVE monitors that represent them.  The next table
contains 20%
  Best and 20% Worst visibility conditions for Baseline and
Natural
  Conditions.  I can get most of the data from VIEWS, but when I
got to
  that 2nd table, I realized that I don't know what adjustments you
made to
  natural conditions or if you are using the default or
alternative
  methods.

I'm attaching the 2 tables in a word document, so you
  can see what I'm
talking about.  Do you have this information easily
  available, or could
you point me to a VISTAS report?

Also, I tried
  to find Fred Durham's email address to ask him about WV's
areas but
  couldn't find it.  The WV website doesn't seem to be working
right
  now.  Do you have it?

Thanks for your
  help!

Nancy

<<RH.Tables.doc>>


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65739-65740]
[FR Doc No: 2011-27473]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1998-DR; Docket ID FEMA-2011-0001]

Iowa; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1998-DR), dated June 27, 2011, and related
determinations.

DATES: Effective Date: October 18, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Iowa is hereby amended to include the Individual
Assistance program for the following areas among those areas determined
to have been adversely affected by the event declared a major disaster
by the President in his declaration of June 27, 2011.

Fremont, Harrison, Mills, Monona, and Pottawattamie Counties for
Individual Assistance (already designated for Public Assistance,
including direct Federal assistance).

(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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-27473 Filed 10-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Notices]
[Page 66425-66426]
[DOCID:fr28oc10-90]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2010-0124]

Pipeline Safety: Request for Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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

SUMMARY: Pursuant to the Federal Pipeline Safety Laws, PHMSA is
publishing this notice of a special permit request we have received
from Gulf South Pipeline Company, LP, a natural gas pipeline operator,
seeking relief from compliance with certain requirements in the Federal
Pipeline Safety Regulations. This notice seeks public comments on this
request, including comments on any safety or environmental impacts. At
the conclusion of the 30-day comment period, PHMSA will evaluate the
request and determine whether to grant or deny a special permit.

DATES: Submit any comments regarding this special permit request by
November 29, 2010.

ADDRESSES: Comments should reference the docket number for this
specific special permit request and may be submitted in the following
ways:
     E-Gov Web Site: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

    Note:  Comments are posted without changes or edits to http://
www.Regulations.gov, including any personal information provided.
There is a privacy statement published on http://
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT:
    General: Dana Register by telephone at<PHONE_NUMBER>; or, e-mail at
<EMAIL_ADDRESS>    Technical: Ken Lee by telephone at<PHONE_NUMBER>; or, e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    PHMSA has received this request for a special permit from Gulf
South Pipeline Company, LP (GSPC) seeking relief from compliance with
certain pipeline safety regulations. GSPC's request includes a
technical analysis. This request can be found at http://
www.Regulations.gov, under docket number PHMSA-2010-0124. We invite
interested persons to participate by reviewing this special permit
request at http://www.Regulations.gov, and by submitting written
comments, data or other views. Please include any comments on potential
environmental impacts that may result if this special permit is
granted.
    Before acting on this special permit request, PHMSA will evaluate
all comments received on or before the comments closing date. Comments
will be evaluated after this date if it is possible to do so without
incurring additional expense or delay. PHMSA will consider each
relevant comment we receive in making our decision to grant or deny a
request.
    PHMSA has received the following special permit request:

----------------------------------------------------------------------------------------------------------------
          Docket No.                Requester          Regulation              Nature of special permit
----------------------------------------------------------------------------------------------------------------
PHMSA-2010-0124...............  Gulf South         49 CFR 192.611...  To authorize GSPC to engage in an
                                 Pipeline                              alternative approach to conduct risk
                                 Company, LP.                          control activities based on Integrity
                                                                       Management Program principles rather than
                                                                       lowering the Maximum Allowable Operating
                                                                       Pressure (MAOP) or replacing the subject
                                                                       pipe segment. This application is for
                                                                       three segments of GSPC Line TPL-880 in
                                                                       Mobile County, Alabama. These segments
                                                                       have changed from Class 1 and 2 locations
                                                                       to Class 3. The pipeline is 30-inches in
                                                                       diameter and has a MAOP of 1,073 psig.
                                                                       The segments that have changed Class
                                                                       Locations are 2,763 feet in length. The
                                                                       three segments are located at Station
                                                                       Number 318+78 ft. to Station Number
                                                                       322+14 ft., Station Number 435+63 ft. to
                                                                       Station Number 454+65 ft., and Station
                                                                       Number 455+85 ft. to Station Number
                                                                       461+08 ft.
----------------------------------------------------------------------------------------------------------------

    Authority:  49 U.S.C. 60118 (c)(1) and 49 CFR 1.53.

    Issued in Washington, DC on October 20, 2010.
Linda Daugherty,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2010-27238 Filed 10-27-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22135-22137]
[FR Doc No: 2022-07922]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0773; FRL-9219-02-R9]

Air Plan Approval; Arizona: Maricopa County Air Quality
Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) portion of the Arizona State Implementation Plan
(SIP). These revisions concern emissions of particulate matter (PM)
from wood burning devices. We are approving local rules that regulate
these emission sources under the Clean Air Act (CAA or the Act).

DATES: These rules will be effective on May 16, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0773. 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: Christine Vineyard, 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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 14, 2021 (86 FR 70994), the EPA proposed to approve the
following rules into the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
                                  Rule No.
        Local agency           Ordinance No.               Rule title                 Revised        Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD......................  Ordinance P-26...  Residential Woodburning                 10/23/19        11/20/19
                                                 Restriction.
MCAQD......................  Rule 314.........  Outdoor Fires and Commercial/           10/23/19        11/20/19
                                                 Institutional Solid Fuel
                                                 Burning.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action and
Technical Support Document (TSD) contain more information on the rules
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 one comment from a private citizen.
    Comment: The commenter raises the concern that the revisions to the
Arizona State Implementation Plan (SIP) ``do not go far enough to
reduce the risks of wildfires and particulate matter emissions.'' The
comment emphasizes the need to ``uphold the highest air quality
standards of the Clean Air Act'' and ``strongly regulat[e] fires in
Maricopa County'' to reduce the impacts

on environmental and human health from woodburning and seasonal
wildfires, including those impacts that are exacerbated by the COVID-19
pandemic.
    The commenter ultimately ``oppose[s] the conditional approval''
from the EPA's proposal and requests that Maricopa County ``further
revise these provisions within their State Implementation Plan to meet
the strongest of air quality standards regarding particulate matter.''
    EPA's Response: We note that we proposed to fully approve, not
conditionally approve, revisions to MCAQD Ordinance P-26 and Rule 314.
    As we explained in our proposed action and TSD, during Maricopa
County's implementation of earlier versions of Ordinance P-26 and Rule
314 (i.e., those that were previously approved into the SIP), the MCAQD
found that certain sections of Rule 314 were unclear and confusing to
the public. Therefore, the MCAQD revised the rules to clarify which
types of residential fires are subject to Rule 314 and which types of
residential fires are subject to Ordinance P-26. The EPA's finalization
of our proposed action to approve the submitted revisions to Ordinance
P-26 and Rule 314 will add clarity to the SIP and improve
implementation.
    Further, Rule 314 was revised to reduce emissions from outdoor
fires for cooking by defining cooking, restricting the size of fires
used for cooking, and requiring that fires ignited for cooking during a
restricted burn period be extinguished once the food is suitable for
human consumption. And to reduce total annual emissions from
fireplaces, woodstoves, and chimineas at commercial and institutional
establishments and outdoor fires, the rules were revised to require the
use of seasoned wood, which contains no more than 20 percent moisture.
These revisions will directly reduce particulate matter emissions and
contribute to the area's compliance with the 2012 National Ambient Air
Quality Standard for fine particulate matter.\1\
---------------------------------------------------------------------------

    \1\ Rule 314-SIP Revision Package p. 37-38, Docket ID: EPA-R09-
OAR-2021-0773-0002.
---------------------------------------------------------------------------

    Under the CAA, EPA is required to approve a SIP submission that
complies with the provisions of the CAA and applicable federal
regulations.\2\ In reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. Thus,
we are approving MCAQD Ordinance P-26 and Rule 314 because they
strengthen the SIP and comply with all requirements for SIP revisions
under the Clean Air Act.
---------------------------------------------------------------------------

    \2\ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
---------------------------------------------------------------------------

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the Arizona SIP. The October 23, 2019 version of Ordinance P-26
and Rule 314 will replace the previously approved versions of these
rules in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the MCAQD
rules described in Section I. of this preamble and set forth below in
the amendments to 40 CFR part 52. Therefore, these materials have been
approved by the EPA for inclusion in the SIP, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\3\ The EPA has
made, and will continue to make, these documents available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 June 13, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 7, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart D--Arizona

0
2. Section 52.120, paragraph (c), Table 4, under the heading ``Post-
July 1988 Rule Codification'', is amended by:
0
a. Revising the entry for Rule 314 under the table heading ``Regulation
III--Control of Air Contaminants''; and
0
b. Adding a heading for ``Maricopa County Ordinances'' and an entry for
``Ordinance P-26'' under the table heading ``Appendices to Maricopa
County Air Pollution Control Rules and Regulations'' after the entry
for ``Appendix F''.
    The revision and addition read as follows.

Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         County citation             Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Rule 314........................  Outdoor Fires and   October 23, 2019..  [INSERT Federal     Submitted on
                                   Commercial/                             Register            November 20,
                                   Institutional                           CITATION], April    2019.
                                   Solid Fuel                              14, 2022.
                                   Burning.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    Appendices to Maricopa County Air Pollution Control Rules and Regulations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Maricopa County Ordinances
----------------------------------------------------------------------------------------------------------------
Ordinance P-26..................  Residential         October 23, 2019..  [INSERT Federal     Submitted on
                                   Woodburning                             Register            November 20,
                                   Restriction.                            CITATION], April    2019.
                                                                           14, 2022.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-07922 Filed 4-13-22; 8:45 am]
BILLING CODE 6560-50-P