80_FR_9489 80 FR 9454 - Proposed Information Collection Request; Comment Request; Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs and Projects

80 FR 9454 - Proposed Information Collection Request; Comment Request; Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs and Projects

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range9454-9456
FR Document2015-03577

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects'' (EPA ICR No. 2130.05, OMB Control No. 2060-0561) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR.

Federal Register, Volume 80 Issue 35 (Monday, February 23, 2015)
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9454-9456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03577]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0269; FRL-9923-38-OAR]


Proposed Information Collection Request; Comment Request; 
Transportation Conformity Determinations for Federally Funded and 
Approved Transportation Plans, Programs and Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Transportation 
Conformity Determinations for Federally Funded and Approved 
Transportation Plans, Programs, and Projects'' (EPA ICR No. 2130.05, 
OMB Control No. 2060-0561) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public 
comments on specific aspects of the proposed information collection as 
described below. This is a proposed extension of the ICR.

DATES: Comments must be submitted on or before April 24, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-0269 online using www.regulations.gov (our preferred method) or by 
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 
28221T, 1200

[[Page 9455]]

Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Astrid Larsen, Transportation and 
Climate Division, State Measures and Transportation Planning Center, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105; telephone number: 734-214-4812; fax number: 734-214-4052; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Supporting documents which explain in detail the information that 
the EPA will be collecting are available in the public docket for this 
ICR. The docket can be viewed online at www.regulations.gov or in 
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The telephone number for the Docket Center is 
202-566-1744. For additional information about EPA's public docket, 
visit www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) 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; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) 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. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: Transportation conformity is required under Clean Air Act 
section 176(c) (42 U.S.C. 7506(c)) to ensure that federally supported 
transportation activities are consistent with (``conform to'') the 
purpose of the state air quality implementation plan (SIP). 
Transportation activities include transportation plans, transportation 
improvement programs (TIPs), and federally funded or approved highway 
or transit projects. Conformity to the purpose of the SIP means that 
transportation activities will not cause or contribute to new air 
quality violations, worsen existing violations, or delay timely 
attainment of the relevant national ambient air quality standards 
(NAAQS or ``standards'') or interim milestones.
    Transportation conformity applies under EPA's conformity 
regulations at 40 CFR part 93, subpart A, to areas that are designated 
nonattainment, and those redesignated to attainment after 1990 
(``maintenance areas'' with plans developed under Clean Air Act section 
175A) for the following transportation-related criteria pollutants: 
ozone, particulate matter (PM2.5 and PM10), 
carbon monoxide (CO), and nitrogen dioxide (NO2). The EPA 
published the original transportation conformity rule on November 24, 
1993 (58 FR 62188), and subsequently published several revisions. EPA 
develops the conformity regulations in coordination with the Federal 
Highway Administration (FHWA) and Federal Transit Administration (FTA).
    Transportation conformity determinations are required before 
federal approval or funding is given to certain types of transportation 
planning documents as well as non-exempt highway and transit 
projects.\1\
---------------------------------------------------------------------------

    \1\ Some projects are exempt from all or certain conformity 
requirements; see 40 CFR 93.126, 93.127, and 93.128.
---------------------------------------------------------------------------

    EPA considered the following in renewing the existing ICR:
     Burden estimates for transportation conformity 
determinations (including both regional and project-level) in current 
nonattainment and maintenance areas for the ozone, PM2.5, 
PM10, CO, and NO2 NAAQS;
     Federal burden associated with EPA's adequacy review 
process for submitted SIP motor vehicle emissions budgets that are to 
be used in conformity determinations;
     Efficiencies in areas making conformity determinations for 
multiple NAAQS;
     Differences in conformity resource needs in large and 
small metropolitan areas and isolated rural areas;
     Burden estimates for the transition from MOVES2010 to 
MOVES2014:
     Reduced burden as a result of areas no longer determining 
conformity for the 1997 ozone NAAQS due to revocation \2\ anticipated 
in early 2015; and,
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    \2\ See 78 FR 34178 (June 3, 2013).
---------------------------------------------------------------------------

     Reduced burden as a result of areas completing 20 years of 
maintenance for the PM10 and CO NAAQS, at which time 
transportation conformity is no longer required.
    This ICR does not include burden associated with the general 
development of transportation planning and air quality planning 
documents for meeting other federal requirements.
    Form numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are metropolitan planning organizations, local transit 
agencies, state departments of transportation, and state and local air 
quality agencies. Federal agencies potentially affected by this action 
include FHWA, FTA, and EPA.
    Respondent's obligation to respond: Mandatory pursuant to Clean Air 
Act section 176(c) (42 U.S.C. 7506(c)) and 40 CFR part 51 and 93.
    Estimated number of respondents: EPA estimates that 126 MPOs will 
be subject to conformity requirements during the period covered by this 
ICR and that EPA Regional Offices, the FHWA, and FTA will be involved 
in interagency consultation, and review of transportation-related 
conformity determinations performed by MPOs during this process. EPA 
also estimates that similar consultation will occur for projects in 
isolated rural areas.
    Frequency of response: The information collections described in 
this ICR must be completed before a transportation plan, TIP, or 
project conformity determination is made. The Clean Air Act requires 
conformity to be determined for transportation plans and TIPs every 
four years. Conformity determinations on projects in metropolitan and 
isolated rural areas are required on as as-needed bases.
    Total estimated burden: 63,237 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $3,768,668 (per year), includes zero 
annualized capital or operation and maintenance costs.
    Changes in estimates: There is a decrease of 136,200 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This decrease is due to less burden associated with 
decreased conformity analysis for PM10, CO and 1997 ozone 
NAAQS, the transition from MOVES2010 to MOVES2014, decreased

[[Page 9456]]

project-level conformity analyses, and decreased EPA adequacy findings.

    Dated: February 12, 2015.
Karl Simon,
Director, Transportation and Climate Division, Office of Transportation 
and Air Quality.
[FR Doc. 2015-03577 Filed 2-20-15; 8:45 am]
BILLING CODE 6560-50-P



                                               9454                         Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

                                               ENVIRONMENTAL PROTECTION                                Washington, DC 20460; telephone                       to obtain or retain a benefit (40 CFR
                                               AGENCY                                                  number: 703–308–5477; fax number:                     parts 266 and 279).
                                                                                                       703–308–8433; email address:                            Estimated number of respondents:
                                               [EPA–HQ–RCRA–2014–0694; FRL—9922–
                                                                                                       vyas.peggy@epa.gov.                                   134,280.
                                               67–OEI]
                                                                                                       SUPPLEMENTARY INFORMATION:                              Frequency of response: Occasionally.
                                               Information Collection Request                          Supporting documents, which explain                     Total estimated burden: 679,354
                                               Submitted to OMB for Review and                         in detail the information that the EPA                hours per year. Burden is defined at 5
                                               Approval; Comment Request;                              will be collecting, are available in the              CFR 1320.03(b)
                                               Requirements and Exemptions for                         public docket for this ICR. The docket                  Total estimated cost: $44,737,952 (per
                                               Specific RCRA Wastes (Renewal)                          can be viewed online at                               year), includes $10,015,823 annualized
                                                                                                       www.regulations.gov or in person at the               capital or operation & maintenance
                                               AGENCY: Environmental Protection                        EPA Docket Center, EPA WJC, Room                      costs.
                                               Agency (EPA).                                           3334, 1301 Constitution Ave. NW.,                       Changes in the Estimates: There is an
                                               ACTION: Notice.                                         Washington, DC. The telephone number                  increase of 28,189 hours in the total
                                                                                                       for the Docket Center is 202–566–1744.                estimated respondent burden compared
                                               SUMMARY:   The Environmental Protection                                                                       with the ICR currently approved by
                                                                                                       For additional information about EPA’s
                                               Agency has submitted an information                                                                           OMB. This increase is due to updating
                                                                                                       public docket, visit http://www.epa.gov/
                                               collection request (ICR), ‘‘Requirements                                                                      the current Universe and Mixed Waste
                                                                                                       dockets.
                                               and Exemptions for Specific RCRA                                                                              estimates.
                                                                                                          Abstract: In 1995, EPA promulgated
                                               Wastes (Renewal)’’ (EPA ICR No.
                                                                                                       regulations at 40 CFR part 273 that                   Courtney Kerwin,
                                               1597.11, OMB Control No. 2050–0145)
                                                                                                       govern the collection and management                  Acting Director, Collection Strategies
                                               to the Office of Management and Budget
                                                                                                       of widely-generated hazardous wastes                  Division.
                                               (OMB) for review and approval in
                                                                                                       known as ‘‘Universal Wastes.’’ Part 273               [FR Doc. 2015–03541 Filed 2–20–15; 8:45 am]
                                               accordance with the Paperwork
                                                                                                       regulations are designed to ensure
                                               Reduction Act (44 U.S.C. 3501 et seq.).                                                                       BILLING CODE 6560–50–P
                                                                                                       facilities collect and properly manage
                                               This is a proposed extension of the ICR,
                                                                                                       these wastes. EPA needs to collect
                                               which is currently approved through
                                                                                                       notifications of Universal Waste                      ENVIRONMENTAL PROTECTION
                                               February 28, 2015. Public comments
                                                                                                       management to obtain general                          AGENCY
                                               were previously requested via the
                                                                                                       information on handlers and to facilitate
                                               Federal Register (79 FR 65652) on                                                                             [EPA–HQ–OAR–2007–0269; FRL–9923–38–
                                                                                                       enforcement of the part 273 regulations,
                                               November 5, 2014 during a 60-day                                                                              OAR]
                                                                                                       to ensure that Universal Waste is being
                                               comment period. This notice allows for
                                                                                                       accumulated responsibly, to collect                   Proposed Information Collection
                                               an additional 30 days for public
                                                                                                       information on illegal Universal Waste                Request; Comment Request;
                                               comments. A fuller description of the
                                                                                                       shipments, and lastly to help ensure                  Transportation Conformity
                                               ICR is given below, including its
                                                                                                       that Universal Waste is being properly                Determinations for Federally Funded
                                               estimated burden and cost to the public.
                                                                                                       treated, recycled, and/or disposed. In                and Approved Transportation Plans,
                                               An Agency may not conduct or sponsor
                                                                                                       2001, EPA promulgated regulations in                  Programs and Projects
                                               and a person is not required to respond
                                                                                                       40 CFR part 266 that provide increased
                                               to a collection of information unless it                                                                      AGENCY: Environmental Protection
                                                                                                       flexibility to facilities managing wastes
                                               displays a currently valid OMB control                                                                        Agency (EPA).
                                                                                                       commonly known as ‘‘Mixed Waste.’’
                                               number.
                                                                                                       Section 266.345(a) requires that                      ACTION: Notice.
                                               DATES: Additional comments may be                       generators or treaters notify EPA or the
                                               submitted on or before March 25, 2015.                  Authorized State that they are claiming               SUMMARY:   The Environmental Protection
                                               ADDRESSES: Submit your comments,                        the Transportation and Disposal                       Agency (EPA) is planning to submit an
                                               referencing Docket ID No. EPA–HQ–                       Conditional Exemption prior to the                    information collection request (ICR),
                                               RCRA–2014–0694, to (1) EPA online                       initial shipment of a waste to a LLRW                 ‘‘Transportation Conformity
                                               using www.regulations.gov (our                          disposal facility. Finally, the regulations           Determinations for Federally Funded
                                               preferred method), by email to rcra-                    at 40 CFR part 279 establish streamlined              and Approved Transportation Plans,
                                               docket@epa.gov, or by mail to: EPA                      procedures for notification, testing,                 Programs, and Projects’’ (EPA ICR No.
                                               Docket Center, Environmental                            labeling, and recordkeeping including                 2130.05, OMB Control No. 2060–0561)
                                               Protection Agency, Mail Code 28221T,                    an approach for tracking off-site                     to the Office of Management and Budget
                                               1200 Pennsylvania Ave. NW.,                             shipments that allow used oil handlers                (OMB) for review and approval in
                                               Washington, DC 20460, and (2) OMB via                   to use standard business practices (e.g.,             accordance with the Paperwork
                                               email to oira_submission@omb.eop.gov.                   invoices, bill of lading). Used oil                   Reduction Act (44 U.S.C. 3501 et seq.).
                                               Address comments to OMB Desk Officer                    transporters must comply with all                     Before doing so, EPA is soliciting public
                                               for EPA.                                                applicable packaging, labeling, and                   comments on specific aspects of the
                                                 EPA’s policy is that all comments                     placarding requirements of 49 CFR parts               proposed information collection as
                                               received will be included in the public                 173, 178, and 179. In addition, used oil              described below. This is a proposed
                                               docket without change including any                     transporters must report discharges of                extension of the ICR.
                                               personal information provided, unless                   used oil according to existing 49 CFR                 DATES: Comments must be submitted on
                                               the comment includes profanity, threats,                part 171 and 33 CFR part 153                          or before April 24, 2015.
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                                               information claimed to be Confidential                  requirements.                                         ADDRESSES: Submit your comments,
                                               Business Information (CBI) or other                        Form Numbers: None.                                referencing Docket ID No. EPA–HQ–
                                               information whose disclosure is                            Respondents/affected entities: Private             OAR–2007–0269 online using
                                               restricted by statute.                                  Sector and State, Local, or Tribal                    www.regulations.gov (our preferred
                                               FOR FURTHER INFORMATION CONTACT:                        Governments.                                          method) or by mail to: EPA Docket
                                               Peggy Vyas, Environmental Protection                       Respondent’s obligation to respond:                Center, Environmental Protection
                                               Agency, 1200 Pennsylvania Ave. NW.,                     Mandatory (40 CFR part 273), required                 Agency, Mail Code 28221T, 1200


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                                                                            Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices                                                 9455

                                               Pennsylvania Ave. NW., Washington,                      176(c) (42 U.S.C. 7506(c)) to ensure that                • Reduced burden as a result of areas
                                               DC 20460.                                               federally supported transportation                    no longer determining conformity for
                                                  EPA’s policy is that all comments                    activities are consistent with (‘‘conform             the 1997 ozone NAAQS due to
                                               received will be included in the public                 to’’) the purpose of the state air quality            revocation 2 anticipated in early 2015;
                                               docket without change including any                     implementation plan (SIP).                            and,
                                               personal information provided, unless                   Transportation activities include                        • Reduced burden as a result of areas
                                               the comment includes profanity, threats,                transportation plans, transportation                  completing 20 years of maintenance for
                                               information claimed to be Confidential                  improvement programs (TIPs), and                      the PM10 and CO NAAQS, at which time
                                               Business Information (CBI) or other                     federally funded or approved highway                  transportation conformity is no longer
                                               information whose disclosure is                         or transit projects. Conformity to the                required.
                                               restricted by statute.                                  purpose of the SIP means that                            This ICR does not include burden
                                               FOR FURTHER INFORMATION CONTACT:                        transportation activities will not cause              associated with the general
                                               Astrid Larsen, Transportation and                       or contribute to new air quality                      development of transportation planning
                                               Climate Division, State Measures and                    violations, worsen existing violations, or            and air quality planning documents for
                                               Transportation Planning Center,                         delay timely attainment of the relevant               meeting other federal requirements.
                                               Environmental Protection Agency, 2000                   national ambient air quality standards                   Form numbers: None.
                                               Traverwood Drive, Ann Arbor, MI                         (NAAQS or ‘‘standards’’) or interim                      Respondents/affected entities: Entities
                                               48105; telephone number: 734–214–                       milestones.                                           potentially affected by this action are
                                               4812; fax number: 734–214–4052; email                      Transportation conformity applies                  metropolitan planning organizations,
                                               address: larsen.astrid@epa.gov.                         under EPA’s conformity regulations at                 local transit agencies, state departments
                                               SUPPLEMENTARY INFORMATION:                              40 CFR part 93, subpart A, to areas that              of transportation, and state and local air
                                                  Supporting documents which explain                   are designated nonattainment, and those               quality agencies. Federal agencies
                                               in detail the information that the EPA                  redesignated to attainment after 1990                 potentially affected by this action
                                               will be collecting are available in the                 (‘‘maintenance areas’’ with plans                     include FHWA, FTA, and EPA.
                                               public docket for this ICR. The docket                  developed under Clean Air Act section                    Respondent’s obligation to respond:
                                               can be viewed online at                                 175A) for the following transportation-               Mandatory pursuant to Clean Air Act
                                               www.regulations.gov or in person at the                 related criteria pollutants: ozone,                   section 176(c) (42 U.S.C. 7506(c)) and 40
                                               EPA Docket Center, WJC West, Room                       particulate matter (PM2.5 and PM10),                  CFR part 51 and 93.
                                               3334, 1301 Constitution Ave. NW.,                       carbon monoxide (CO), and nitrogen                       Estimated number of respondents:
                                               Washington, DC. The telephone number                    dioxide (NO2). The EPA published the                  EPA estimates that 126 MPOs will be
                                               for the Docket Center is 202–566–1744.                  original transportation conformity rule               subject to conformity requirements
                                               For additional information about EPA’s                  on November 24, 1993 (58 FR 62188),                   during the period covered by this ICR
                                               public docket, visit www.epa.gov/                       and subsequently published several                    and that EPA Regional Offices, the
                                               dockets.                                                revisions. EPA develops the conformity                FHWA, and FTA will be involved in
                                                  Pursuant to section 3506(c)(2)(A) of                 regulations in coordination with the                  interagency consultation, and review of
                                               the PRA, EPA is soliciting comments                     Federal Highway Administration                        transportation-related conformity
                                               and information to enable it to: (i)                    (FHWA) and Federal Transit                            determinations performed by MPOs
                                               Evaluate whether the proposed                           Administration (FTA).                                 during this process. EPA also estimates
                                               collection of information is necessary                     Transportation conformity                          that similar consultation will occur for
                                               for the proper performance of the                       determinations are required before                    projects in isolated rural areas.
                                               functions of the Agency, including                      federal approval or funding is given to                  Frequency of response: The
                                               whether the information will have                       certain types of transportation planning              information collections described in this
                                               practical utility; (ii) evaluate the                    documents as well as non-exempt                       ICR must be completed before a
                                               accuracy of the Agency’s estimate of the                highway and transit projects.1                        transportation plan, TIP, or project
                                               burden of the proposed collection of                       EPA considered the following in                    conformity determination is made. The
                                               information, including the validity of                  renewing the existing ICR:                            Clean Air Act requires conformity to be
                                               the methodology and assumptions used;                      • Burden estimates for transportation              determined for transportation plans and
                                               (iii) enhance the quality, utility, and                 conformity determinations (including                  TIPs every four years. Conformity
                                               clarity of the information to be                        both regional and project-level) in                   determinations on projects in
                                               collected; and (iv) minimize the burden                 current nonattainment and maintenance                 metropolitan and isolated rural areas are
                                               of the collection of information on those               areas for the ozone, PM2.5, PM10, CO,                 required on as as-needed bases.
                                               who are to respond, including through                   and NO2 NAAQS;                                           Total estimated burden: 63,237 hours
                                                                                                          • Federal burden associated with                   (per year). Burden is defined at 5 CFR
                                               the use of appropriate automated
                                                                                                       EPA’s adequacy review process for                     1320.03(b).
                                               electronic, mechanical, or other
                                                                                                       submitted SIP motor vehicle emissions                    Total estimated cost: $3,768,668 (per
                                               technological collection techniques or
                                                                                                       budgets that are to be used in                        year), includes zero annualized capital
                                               other forms of information technology,
                                                                                                       conformity determinations;                            or operation and maintenance costs.
                                               e.g., permitting electronic submission of
                                                                                                          • Efficiencies in areas making                        Changes in estimates: There is a
                                               responses. EPA will consider the
                                                                                                       conformity determinations for multiple                decrease of 136,200 hours in the total
                                               comments received and amend the ICR
                                                                                                       NAAQS;                                                estimated respondent burden compared
                                               as appropriate. The final ICR package
                                                                                                          • Differences in conformity resource               with the ICR currently approved by
                                               will then be submitted to OMB for
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                                                                                                       needs in large and small metropolitan                 OMB. This decrease is due to less
                                               review and approval. At that time, EPA
                                                                                                       areas and isolated rural areas;                       burden associated with decreased
                                               will issue another Federal Register                        • Burden estimates for the transition
                                               notice to announce the submission of                                                                          conformity analysis for PM10, CO and
                                                                                                       from MOVES2010 to MOVES2014:                          1997 ozone NAAQS, the transition from
                                               the ICR to OMB and the opportunity to
                                               submit additional comments to OMB.                        1 Some projects are exempt from all or certain
                                                                                                                                                             MOVES2010 to MOVES2014, decreased
                                                  Abstract: Transportation conformity is               conformity requirements; see 40 CFR 93.126,
                                               required under Clean Air Act section                    93.127, and 93.128.                                     2 See   78 FR 34178 (June 3, 2013).



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                                               9456                         Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

                                               project-level conformity analyses, and                  Federal Register, pursuant to section                 the petitioner in accordance with a
                                               decreased EPA adequacy findings.                        307(b) of the Act.                                    settlement agreement reached on
                                                 Dated: February 12, 2015.                             ADDRESSES: You may review copies of                   January 22, 2015 between the Petitioner
                                               Karl Simon,                                             the final Orders, the petitions, and other            and the EPA.
                                                                                                       supporting information at EPA Region 6,                  The claims are described in detail in
                                               Director, Transportation and Climate
                                               Division, Office of Transportation and Air              1445 Ross Avenue, Dallas, Texas 75202–                Section IV of the Order. In summary, the
                                               Quality.                                                2733.                                                 issues raised are that: (1) the
                                               [FR Doc. 2015–03577 Filed 2–20–15; 8:45 am]                For Information: Please contact Brad               Compliance Assurance Monitoring
                                                                                                       Toups at (214) 665–7258, email address:               (CAM) provisions in the Martin Lake,
                                               BILLING CODE 6560–50–P
                                                                                                       toups.brad@epa.gov or the above EPA,                  Monticello and Big Brown permits do
                                                                                                       Region 6 address, to view copies of the               not assure compliance with the
                                               ENVIRONMENTAL PROTECTION                                final Orders, petitions, and other                    applicable particulate matter (PM)
                                               AGENCY                                                  supporting information. You may view                  emission limit during periods of startup,
                                                                                                       the hard copies Monday through Friday,                shutdown, maintenance and
                                               [FRL–9923–16–Region 6]                                  from 9:00 a.m. to 3:00 p.m., excluding                malfunction; (2) the record supporting
                                                                                                       Federal holidays. If you wish to                      the CAM opacity indicator ranges for
                                               Clean Air Act Operating Permit                          examine these documents, you should                   PM for Monticello Units 1, 2 and 3 is
                                               Program; Petitions for Objection to                     make an appointment at least 24 hours                 deficient and not based on reliable data;
                                               State Operating Permits for Luminant                    before the visiting day. Additionally, the            and (3) the Big Brown permit must be
                                               Generating Company, LLC Steam                           final January 23, 2015 Order is available             revised to ensure that any credible
                                               Electric Generating Stations Martin                     electronically at: http://www.epa.gov/                evidence may be used to demonstrate
                                               Lake, Monticello, and Big Brown in                      region07/air/title5/petitiondb/petitions/             noncompliance with applicable
                                               Texas                                                   luminant_response2014.pdf.                            requirements.
                                               AGENCY: Environmental Protection                        SUPPLEMENTARY INFORMATION: The CAA                       Due to significant overlap in the
                                               Agency (EPA).                                           affords the EPA a 45-day period to                    issues raised in the Petitions and the
                                                                                                       review, and object, as appropriate, to a              similarity of the relevant permit
                                               ACTION: Notice of final action.
                                                                                                       title V operating permit proposed by a                conditions in each of the three permits,
                                               SUMMARY:   Pursuant to Clean Air Act                    state permitting authority. Section                   the EPA is responding to the identified
                                               (CAA) Section 505(b)(2) and 40 CFR                      505(b)(2) of the CAA authorizes any                   portion of all three Petitions in this
                                               70.8(d), the EPA Administrator signed                   person to petition the EPA                            Order on January 23, 2015. The EPA’s
                                               an Order, dated January 23, 2015,                       Administrator, within 60 days after the               rationale for denying the addressed
                                               denying in part three petitions asking                  expiration of this review period, to                  claims is described in the Order.
                                               the EPA to object to operating permits                  object to a title V operating permit if the             Dated: February 9, 2015.
                                               issued by the Texas Commission on                       EPA has not done so. Petitions must be                Ron Curry,
                                               Environmental Quality (TCEQ) to                         based only on objections to the permit                Regional Administrator, Region 6.
                                               Luminant Generating Company, LLC                        that were raised with reasonable                      [FR Doc. 2015–03583 Filed 2–20–15; 8:45 am]
                                               (Luminant) relating to three coal fired                 specificity during the public comment                 BILLING CODE 6560–50–P
                                               steam electric generating stations (SES)                period provided by the state, unless the
                                               located in East and Northeast Texas.                    petitioner demonstrates that it was
                                               Title V operating permit number O53                     impracticable to raise these issues                   ENVIRONMENTAL PROTECTION
                                               was issued by the TCEQ to Luminant for                  during the comment period or unless                   AGENCY
                                               the Martin Lake SES located in Rusk                     the grounds for the issue arose after this
                                               County, Texas. Title V operating permit                 period.                                               [FRL–9923–31–Region 2]
                                               number O64 was issued to Luminant for                      The EPA received three petitions from
                                                                                                                                                             Clean Water Act Section 303(d):
                                               the Monticello SES located in Titus                     the Petitioners, one dated February 26,
                                                                                                                                                             Availability of List Decisions
                                               County, Texas, while title V operating                  2014 for the Martin Lake permit, and
                                               permit number O65 was issued to                         one each dated March 3, 2014 for the                  AGENCY: Environmental Protection
                                               Luminant for the Big Brown SES located                  Monticello and Big Brown permits, to                  Agency (EPA).
                                               in Freestone County, Texas. The EPA’s                   object to operating permits issued to                 ACTION: Notice and request for
                                               January 23, 2015 Order responds to the                  Luminant Generating Company, LLC                      comments.
                                               three petitions submitted by the                        relating respectively to facilities located
                                               Environmental Integrity Project (EIP)                   in Rusk, Titus, and Freestone counties,               SUMMARY:   This notice announces EPA’s
                                               representing themselves and on behalf                   Texas.                                                decision to identify certain water
                                               of Sierra Club (collectively, the                          The Order issued on January 23, 2015               quality limited waters and the
                                               Petitioners): the petition addressing the               responds to claim V.A of the Martin                   associated pollutant to be listed
                                               Martin Lake permit was received on                      Lake Petition (pp. 5–9), the Monticello               pursuant to the Clean Water Act Section
                                               February 26, 2014, while the petitions                  Petition (pp. 5–11) and the Big Brown                 303(d)(2) on New York’s list of impaired
                                               addressing the Monticello permit and                    Petition (pp. 7–14) raised by EIP, the                waters, and requests public comment.
                                               Big Brown permit were both received on                  Sierra Club having withdrawn all of                   Section 303(d)(2) requires that States
                                               March 4, 2014. Sections 307(b) and                      their objections prior to the issuance of             submit, and EPA approve or disapprove,
                                               505(b)(2) of the Act provide that a                     the order. The EIP requested that the                 lists of waters for which existing
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                                               petitioner may ask for judicial review of               Administrator object to the proposed                  technology-based pollution controls are
                                               those portions of the Orders that deny                  operating permits issued by the TCEQ to               not stringent enough to attain or
                                               objections raised in the petitions by the               Luminant on several bases. The three                  maintain State water quality standards
                                               United States Court of Appeals for the                  petitions did not raise identical claims;             and for which total maximum daily
                                               appropriate circuit. Any petition for                   however, three common claims are                      loads (TMDLs) must be prepared.
                                               review shall be filed within 60 days                    addressed in the issued order. The                       On January 13, 2015, EPA
                                               from the date this notice appears in the                remaining issues are to be withdrawn by               disapproved New York’s decision to


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Document Created: 2015-12-18 13:28:28
Document Modified: 2015-12-18 13:28:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before April 24, 2015.
ContactAstrid Larsen, Transportation and Climate Division, State Measures and Transportation Planning Center, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4812; fax number: 734-214-4052; email
FR Citation80 FR 9454 

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