83 FR 29691 - Previously-Incurred Costs in the WIFIA Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 123 (June 26, 2018)
Federal Register Volume 83, Issue 123 (June 26, 2018)
| Page Range | 29691-29694 | |
| FR Document | 2018-13714 |
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)] [Rules and Regulations] [Pages 29691-29694] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13714] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 35 [EPA-HQ-OW-2016-0569; FRL-9979-90-OW] Previously-Incurred Costs in the WIFIA Program AGENCY: Environmental Protection Agency (EPA). ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: With this interim final rule Environmental Protection Agency (EPA) is amending the Water Infrastructure Finance and Innovation Act (WIFIA) regulations to clarify the process for, and conditions under which, a recipient of WIFIA credit assistance can include costs incurred, and the value of integral in-kind contributions made, before receipt of assistance in the calculation of total eligible costs, and can be reimbursed for certain of those costs by WIFIA loan proceeds. This interim final rule pertains to a matter involving a federal loan and loan guarantee program and is therefore exempt from the rulemaking requirements of the Administrative Procedure Act. As such, EPA is issuing this rule as interim final. DATES: This rule is effective on June 26, 2018. Comments must be received on or before August 27, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW- 2016-0569, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential [[Page 29692]] Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jordan Dorfman, Water Infrastructure Division, Office of Wastewater Management, Mail Code 4201C, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC, 20460; telephone number: (202) 564-0614; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action only applies to entities seeking credit assistance under the WIFIA program for the development and construction of a water infrastructure project. EPA has promulgated regulations to implement this program. A list of eligible entities and eligible projects can be found at 33 U.S.C. 3904 and 3905 and the Interim Final Rule at 40 CFR 35.10005. B. What should I consider as I prepare my comments for EPA? Submitting Confidential Business Information (CBI). Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk, CD-ROM, or flash drive that you mail to EPA, mark the outside of the disk, CD-ROM, or flash drive as CBI and then identify electronically within the disk, CD-ROM, or flash drive the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Tips for preparing your comments. When submitting comments, remember to:Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. Describe any assumptions and provide any technical information and/or data that you used. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. Provide specific examples to illustrate your concerns and suggest alternatives. Explain your views as clearly as possible. Make sure to submit your comments by the comment period deadline identified. II. Background A. What action is the Agency taking? Section 5008(c)(2) of the Water Infrastructure Improvements for the Nation Act, Public Law 114-322, added section 5029(b)(10) (33 U.S.C. 3908(b)(10)) to the WIFIA authorizing legislation. This section requires that any eligible project costs incurred, and the value of any integral in-kind contributions made, before receipt of assistance be credited toward the 51 percent of project costs to be provided by sources of funding other than a WIFIA loan. 33 U.S.C. 3908(b)(10). This section provides WIFIA borrowers the opportunity to include costs incurred prior to receipt of assistance and the value of integral in- kind contributions made before receipt of assistance, in the calculation of total eligible costs in order to calculate the size of the loan. However, it does not address what costs can be reimbursed. The size of the project is important in determining the amount of funding that may be awarded to the WIFIA borrower (``size of the loan'') because the statute, at 33 U.S.C. 3908(b)(2)(A), limits the size of the loan to 49 percent of the total reasonably anticipated eligible costs for the project. Instead of addressing the reimbursement of costs, 33 U.S.C. 3908(b)(10) uses the term ``credited'' and directs that certain costs be credited toward a category of costs, the 51 percent to be provided by a non-WIFIA source. Importantly, the statute does not prohibit the use of a WIFIA loan to reimburse eligible costs incurred prior to receipt of assistance. The WIFIA loan can therefore be used to reimburse any eligible cost, whether or not incurred prior to the receipt of assistance, except for the value of in-kind contributions which do not represent out-of-pocket costs to a borrower and are not costs for which a borrower would typically seek reimbursement or payment. For these reasons, EPA is clarifying current regulations by adding to 40 CFR 35.10010(c) the clause ``value of any integral in-kind contributions made'' to allow these costs to be included in the calculation of eligible project costs and by changing ``prior to a project sponsor's submission of an application for credit assistance'' to ``before receipt of credit assistance'' to ensure that all such costs and integral in-kind contributions are included. EPA is also adding the clause, ``such costs, excluding the value of any integral in-kind contributions, are payable from the proceeds of the WIFIA credit instrument'' to ensure that such costs may be reimbursed from WIFIA loan proceeds. Crediting prior costs and the value of integral in-kind contributions to the project increases the size of the project and, by extension, may increase the size of the WIFIA loan. For example, if a borrower has incurred $110 million in costs prior to the receipt of assistance, and anticipates incurring $90 million in costs after receipt of assistance, the size of the project would be $200 million. Looking at 33 U.S.C. 3908(b)(2)(A) in isolation, EPA could potentially fund up to 49 percent of that $200 million, or $98 million. However, by further directing that the costs incurred and contributions made prior to receipt of assistance be credited toward the 51 percent of project costs to be provided by sources of funding other than WIFIA, 3908(b)(10) serves to limit the size of the loan if the borrower has completed a substantial portion of the overall project. In this example project, the size of the loan would be limited to $90 million because the $110 million of costs incurred prior to receipt of assistance must be credited to the 51 percent category of costs to be provided by non- WIFIA sources of funding, leaving only $90 million to be funded by WIFIA. Costs and in-kind contributions must be directly related to the development or execution of the project including, for example, preliminary design, right-of-way acquisition, National Environmental Policy Act (NEPA) compliance related costs, and construction related costs. The WIFIA program retains the right to ask for appropriate documentation as evidence of such costs and in-kind contributions for sizing of the WIFIA loan and, in the [[Page 29693]] case of incurred costs, for reimbursement. In addition, 40 CFR 35.10010(c) is amended by removing ``[i]n addition, applicants shall not include application charges or any other expenses associated with the application process (such as charges associated with obtaining the required preliminary rating opinion letter) among the eligible project costs.'' This sentence is redundant because 40 CFR 35.10005 provides a definition of eligible project costs from which the determination of eligibility of a cost can be determined. It causes confusion because it implies that fees charged by the WIFIA program cannot be included as an eligible project cost even though they are specifically allowed to be financed as part of a WIFIA loan by statute at 33 U.S.C. 3908(b)(7)(B). Furthermore, EPA has determined that the cost of obtaining rating opinion letters is eligible under 33 U.S.C. 3906(4) which states that ``capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction'' are eligible costs. B. What is the Agency's authority for taking this action? This interim final rule is issued under the authority of 33 U.S.C. 3908(b)(10) and 3911. III. Statutory and Executive Orders Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action. B. Executive Order 13771 This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. C. Paperwork Reduction Act This action does not impose an information collection burden under the PRA because this rule merely establishes the process for, and conditions under which, a recipient of WIFIA credit assistance can include costs incurred, and the value of integral in-kind contributions made, before receipt of assistance in the calculation of total eligible costs, and can be reimbursed for certain of those costs by WIFIA loan proceeds. D. Regulatory Flexibility Act I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. With this interim final rule, the EPA is amending the WIFIA regulations to clarify the process for, and conditions under which, a recipient of WIFIA credit assistance can include costs incurred, and the value of integral in-kind contributions made, before receipt of assistance in the calculation of total eligible costs, and can be reimbursed for certain of those costs by WIFIA loan proceeds. This interim final rule does not impose costs on small entities applying for a WIFIA loan. I have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. While a tribal government, or a consortium of tribal governments may apply for WIFIA credit assistance, this action does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because environmental health or safety risks are not addressed by this action. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not a ``significant energy action'' because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. This rulemaking simply establishes the process for, and conditions under which, a recipient of WIFIA credit assistance can include costs incurred, and the value of integral in- kind contributions made, before receipt of assistance in the calculation of total eligible costs, and can be reimbursed for certain of those costs by WIFIA loan proceeds. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. L. National Environmental Policy Act Each project obtaining assistance under this program is required to adhere to the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4370). This rulemaking simply establishes the process for, and conditions under which, a recipient of WIFIA credit assistance can include costs incurred, and the value of integral in-kind contributions made, before receipt of assistance in the calculation of total eligible costs, and can be reimbursed for certain of those costs by WIFIA loan proceeds; therefore, by itself, this rulemaking will not have any effect on the quality of the environment. List of Subjects in 40 CFR Part 35 Environmental protection, Reporting and recordkeeping requirements, and Water finance. [[Page 29694]] Dated: June 18, 2018. E. Scott Pruitt, Administrator. For the reasons set forth in the preamble, 40 CFR part 35 is amended as follows: PART 35--STATE AND LOCAL ASSISTANCE 0 1. The authority citation for part 35 continues to read as follows: Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200. 0 2. Amend Sec. 35.10010 by revising paragraph (c) to read as follows: Sec. 35.10010 Limitations on assistance. * * * * * (c) Costs incurred, and the value of any integral in-kind contributions made, before receipt of credit assistance may be considered in calculating eligible project costs only upon approval of the Administrator. Such costs and integral in-kind contributions must be directly related to the development or execution of the project and must be eligible project costs as defined in Sec. 35.10005. In addition, such costs, excluding the value of any integral in-kind contributions, are payable from the proceeds of the WIFIA credit instrument and shall be considered incurred costs for purposes of paragraph (f) of this section. Capitalized interest on the WIFIA credit instrument is not eligible for calculating eligible project costs. * * * * * [FR Doc. 2018-13714 Filed 6-25-18; 8:45 am] BILLING CODE 6560-50-P
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C. Collection of Information 1 of DHS Instruction Manual 023–01– (4) Vessel operators desiring to enter
This rule will not call for a new 001–01, Rev. 01. A Record of or operate within the safety zone shall
collection of information under the Environmental Consideration contact the Captain of the Port Buffalo
Paperwork Reduction Act of 1995 (44 supporting this determination is or his on-scene representative to obtain
U.S.C. 3501–3520). available in the docket where indicated permission to do so. The Captain of the
under ADDRESSES. Port Buffalo or his on-scene
D. Federalism and Indian Tribal representative may be contacted via
Governments G. Protest Activities
VHF Channel 16. Vessel operators given
A rule has implications for federalism The Coast Guard respects the First permission to enter or operate in the
under Executive Order 13132, Amendment rights of protesters. safety zone must comply with all
Federalism, if it has a substantial direct Protesters are asked to contact the directions given to them by the Captain
effect on the States, on the relationship person listed in the FOR FURTHER of the Port Buffalo, or his on-scene
between the national government and INFORMATION CONTACT section to representative.
the States, or on the distribution of coordinate protest activities so that your
message can be received without Dated: June 20, 2018.
power and responsibilities among the Joseph S. Dufresne,
various levels of government. We have jeopardizing the safety or security of
people, places or vessels. Captain, U.S. Coast Guard, Captain of the
analyzed this rule under that Order and Port Buffalo.
have determined that it is consistent List of Subjects in 33 CFR Part 165 [FR Doc. 2018–13600 Filed 6–25–18; 8:45 am]
with the fundamental federalism
Harbors, Marine safety, Navigation BILLING CODE 9110–04–P
principles and preemption requirements
(water), Reporting and recordkeeping
described in Executive Order 13132.
Also, this rule does not have tribal requirements, Security measures,
implications under Executive Order Waterways. ENVIRONMENTAL PROTECTION
13175, Consultation and Coordination For the reasons discussed in the AGENCY
with Indian Tribal Governments, preamble, the Coast Guard amends 33
because it does not have a substantial CFR part 165 as follows: 40 CFR Part 35
direct effect on one or more Indian [EPA–HQ–OW–2016–0569; FRL–9979–90–
PART 165—REGULATED NAVIGATION
tribes, on the relationship between the OW]
AREAS AND LIMITED ACCESS AREAS
Federal Government and Indian tribes,
or on the distribution of power and ■ 1. The authority citation for part 165 Previously-Incurred Costs in the WIFIA
responsibilities between the Federal continues to read as follows: Program
Government and Indian tribes. If you AGENCY: Environmental Protection
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
believe this rule has implications for 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Agency (EPA).
federalism or Indian tribes, please Department of Homeland Security Delegation ACTION: Interim final rule.
contact the person listed in the FOR No. 0170.1.
FURTHER INFORMATION CONTACT section ■ 2. Add § 165.T09–0567 to read as SUMMARY: With this interim final rule
above. follows: Environmental Protection Agency (EPA)
E. Unfunded Mandates Reform Act is amending the Water Infrastructure
§ 165.T09–0567 Safety Zone; Bay Village Finance and Innovation Act (WIFIA)
The Unfunded Mandates Reform Act Independence Day Fireworks; Lake Erie,
regulations to clarify the process for,
of 1995 (2 U.S.C. 1531–1538) requires Bay Village, OH.
and conditions under which, a recipient
Federal agencies to assess the effects of (a) Location. This zone will of WIFIA credit assistance can include
their discretionary regulatory actions. In encompass all U.S waterways within a costs incurred, and the value of integral
particular, the Act addresses actions 560 foot radius of the fireworks launch in-kind contributions made, before
that may result in the expenditure by a site located at position 41°29′23.9″ N, receipt of assistance in the calculation
State, local, or tribal government, in the 081°55′44.5″ W, Bay Village, OH (NAD of total eligible costs, and can be
aggregate, or by the private sector of 83). reimbursed for certain of those costs by
$100,000,000 (adjusted for inflation) or (b) Enforcement period. This
WIFIA loan proceeds. This interim final
more in any one year. Though this rule regulation is effective and will be
rule pertains to a matter involving a
will not result in such an expenditure, enforced on July 4, 2018 from 9:45 p.m.
federal loan and loan guarantee program
we do discuss the effects of this rule until 10:45 p.m.
(c) Regulations. (1) In accordance with and is therefore exempt from the
elsewhere in this preamble.
the general regulations in § 165.23 of rulemaking requirements of the
F. Environment Administrative Procedure Act. As such,
this part, entry into, transiting, or
We have analyzed this rule under anchoring within this safety zone is EPA is issuing this rule as interim final.
Department of Homeland Security prohibited unless authorized by the DATES: This rule is effective on June 26,
Directive 023–01 and Commandant Captain of the Port Buffalo or his 2018. Comments must be received on or
Instruction M16475.1D, which guide the designated on-scene representative. before August 27, 2018.
Coast Guard in complying with the (2) This safety zone is closed to all ADDRESSES: Submit your comments,
National Environmental Policy Act of vessel traffic, except as may be identified by Docket ID No. EPA–HQ–
1969 (42 U.S.C. 4321–4370f), and have permitted by the Captain of the Port OW–2016–0569, at http://
determined that this action is one of a Buffalo or his designated on-scene www.regulations.gov. Follow the online
sradovich on DSK3GMQ082PROD with RULES
category of actions that do not representative. instructions for submitting comments.
individually or cumulatively have a (3) The ‘‘on-scene representative’’ of Once submitted, comments cannot be
significant effect on the human the Captain of the Port Buffalo is any edited or removed from Regulations.gov.
environment. This rule establishes a Coast Guard commissioned, warrant or The EPA may publish any comment
temporary safety zone. It is categorically petty officer who has been designated received to its public docket. Do not
excluded from further review under by the Captain of the Port Buffalo to act submit electronically any information
paragraph L60(a) of Appendix A, Table on his behalf. you consider to be Confidential
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case of incurred costs, for under the RFA. In making this H. Executive Order 13045: Protection of
reimbursement. determination, the impact of concern is Children From Environmental Health
In addition, 40 CFR 35.10010(c) is any significant adverse economic Risks and Safety Risks
amended by removing ‘‘[i]n addition, impact on small entities. An agency may
applicants shall not include application certify that a rule will not have a This action is not subject to Executive
charges or any other expenses significant economic impact on a Order 13045 because it is not
associated with the application process substantial number of small entities if economically significant as defined in
(such as charges associated with the rule relieves regulatory burden, has Executive Order 12866, and because
obtaining the required preliminary environmental health or safety risks are
no net burden or otherwise has a
rating opinion letter) among the eligible not addressed by this action.
positive economic effect on the small
project costs.’’ This sentence is
redundant because 40 CFR 35.10005 entities subject to the rule. With this I. Executive Order 13211: Actions
provides a definition of eligible project interim final rule, the EPA is amending Concerning Regulations That
costs from which the determination of the WIFIA regulations to clarify the Significantly Affect Energy Supply,
eligibility of a cost can be determined. process for, and conditions under Distribution, or Use
It causes confusion because it implies which, a recipient of WIFIA credit
assistance can include costs incurred, This action is not a ‘‘significant
that fees charged by the WIFIA program
and the value of integral in-kind energy action’’ because it is not likely to
cannot be included as an eligible project
contributions made, before receipt of have a significant adverse effect on the
cost even though they are specifically
allowed to be financed as part of a assistance in the calculation of total supply, distribution or use of energy.
WIFIA loan by statute at 33 U.S.C. eligible costs, and can be reimbursed for This rulemaking simply establishes the
3908(b)(7)(B). Furthermore, EPA has certain of those costs by WIFIA loan process for, and conditions under
determined that the cost of obtaining which, a recipient of WIFIA credit
proceeds. This interim final rule does
rating opinion letters is eligible under assistance can include costs incurred,
not impose costs on small entities
33 U.S.C. 3906(4) which states that and the value of integral in-kind
applying for a WIFIA loan. I have
‘‘capitalized interest necessary to meet contributions made, before receipt of
therefore concluded that this action will
market requirements, reasonably assistance in the calculation of total
have no net regulatory burden for all
required reserve funds, capital issuance eligible costs, and can be reimbursed for
directly regulated small entities. certain of those costs by WIFIA loan
expenses, and other carrying costs
during construction’’ are eligible costs. E. Unfunded Mandates Reform Act proceeds.
(UMRA) J. National Technology Transfer and
B. What is the Agency’s authority for
taking this action? This action does not contain an Advancement Act (NTTAA)
This interim final rule is issued under unfunded mandate of $100 million or This rulemaking does not involve
the authority of 33 U.S.C. 3908(b)(10) more as described in UMRA, 2 U.S.C. technical standards.
and 3911. 1531–1538, and does not significantly or
uniquely affect small governments. The K. Executive Order 12898: Federal
III. Statutory and Executive Orders
action imposes no enforceable duty on Actions To Address Environmental
Reviews
any state, local, or tribal governments or Justice in Minority Populations and
A. Executive Order 12866: Regulatory the private sector. Low-Income Populations
Planning and Review and Executive
Order 13563: Improving Regulation and F. Executive Order 13132: Federalism This action is not subject to Executive
Regulatory Review Order 12898 (59 FR 7629, February 16,
This action does not have federalism 1994) because it does not establish an
This action is not a significant implications. It will not have substantial environmental health or safety standard.
regulatory action. direct effects on the states, on the
B. Executive Order 13771 relationship between the national L. National Environmental Policy Act
government and the states, or on the Each project obtaining assistance
This rule is not an E.O. 13771
regulatory action because this rule is not distribution of power and under this program is required to adhere
significant under E.O. 12866. responsibilities among the various to the National Environmental Policy
levels of government. Act of 1969, as amended (42 U.S.C.
C. Paperwork Reduction Act
G. Executive Order 13175: Consultation 4321–4370). This rulemaking simply
This action does not impose an establishes the process for, and
and Coordination With Indian Tribal
information collection burden under the conditions under which, a recipient of
Governments
PRA because this rule merely WIFIA credit assistance can include
establishes the process for, and This action does not have tribal costs incurred, and the value of integral
conditions under which, a recipient of implications as specified in Executive in-kind contributions made, before
WIFIA credit assistance can include Order 13175. While a tribal government, receipt of assistance in the calculation
costs incurred, and the value of integral or a consortium of tribal governments of total eligible costs, and can be
in-kind contributions made, before may apply for WIFIA credit assistance, reimbursed for certain of those costs by
receipt of assistance in the calculation this action does not have substantial WIFIA loan proceeds; therefore, by
of total eligible costs, and can be
sradovich on DSK3GMQ082PROD with RULES
direct effects on one or more Indian itself, this rulemaking will not have any
reimbursed for certain of those costs by
tribes, on the relationship between the effect on the quality of the environment.
WIFIA loan proceeds.
Federal Government and Indian tribes,
D. Regulatory Flexibility Act List of Subjects in 40 CFR Part 35
or on the distribution of power and
I certify that this action will not have responsibilities between the Federal Environmental protection, Reporting
a significant economic impact on a Government and Indian tribes. and recordkeeping requirements, and
substantial number of small entities Water finance.
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![29694 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
Dated: June 18, 2018. Montana’s October 14, 2016 submittal III. Final Action
E. Scott Pruitt, revises their prevention of significant We are taking final action to approve
Administrator. deterioration (PSD) regulations. This changes to Montana’s SIP—in particular
For the reasons set forth in the action is being taken under section 110 the revisions to ARM 17.8.818(7)(a)(iii),
preamble, 40 CFR part 35 is amended as of the Clean Air Act (CAA) (Act). which removes the phrase ‘‘averaged
follows: DATES: This final rule is effective on July over a 24-hour period’’—as submitted
26, 2018. on October 14, 2016. We are taking final
PART 35—STATE AND LOCAL ADDRESSES: The EPA has established a action to approve this change, as it is
ASSISTANCE docket for this action under Docket ID consistent with the CAA and the EPA
No. EPA–R08–OAR–2018–0136. All regulations as follows:
■ 1. The authority citation for part 35 1. CAA section 110(a)(2)(C), which
continues to read as follows: documents in the docket are listed on
the http://www.regulations.gov website. requires each state plan to include ‘‘a
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. Although listed in the index, some program to provide for . . . the
1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. regulation of the modification and
6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.
information is not publicly available,
e.g., confidential business information construction of any stationary source
2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L.
104–134, 110 Stat. 1321, 1321–299 (1996); (CBI) or other information whose within the areas covered by the plan as
Pub. L. 105–65, 111 Stat. 1344, 1373 (1997), disclosure is restricted by statute. necessary to assure that [the NAAQS]
2 CFR 200. Certain other material, such as are achieved, including a permit
copyrighted material, is not placed on program as required in parts C and D of
■ 2. Amend § 35.10010 by revising this subchapter’’;
paragraph (c) to read as follows: the internet and will be publicly
available only in hard copy form. 2. CAA section 110(a)(2)(A), requires
§ 35.10010 Limitations on assistance. Publicly available docket materials are that SIPs contain enforceable emissions
* * * * * available electronically through http:// limitations and other control measures.
(c) Costs incurred, and the value of www.regulations.gov, or please contact Under section CAA section 110(a)(2),
any integral in-kind contributions made, the person identified in the FOR FURTHER the enforceability requirement in
before receipt of credit assistance may INFORMATION CONTACT section for section 110(a)(2)(A) applies to all plans
be considered in calculating eligible additional information. submitted by a state. Montana’s
project costs only upon approval of the regulations in ARM 17.8 create
FOR FURTHER INFORMATION CONTACT:
Administrator. Such costs and integral enforceable obligations for sources;
Kevin Leone, Air Program, U.S.
in-kind contributions must be directly 3. CAA section 110(i) (with certain
Environmental Protection Agency
related to the development or execution limited exceptions) prohibits states from
(EPA), Region 8, Mailcode 8P–AR, 1595
of the project and must be eligible modifying SIP requirements for
Wynkoop Street, Denver, Colorado
project costs as defined in § 35.10005. In stationary sources except through the
80202–1129, (303) 312–6227,
addition, such costs, excluding the SIP revision process. As described in
leone.kevin@epa.gov.
value of any integral in-kind our proposed rulemaking, Montana
SUPPLEMENTARY INFORMATION: fulfilled this requirement;
contributions, are payable from the
proceeds of the WIFIA credit instrument I. What is the EPA taking final action 4. CAA section 110(l), provides that
and shall be considered incurred costs to approve? the EPA cannot approve a SIP revision
for purposes of paragraph (f) of this that interferes with any applicable
The EPA is taking final action to requirement of the Act. The revisions to
section. Capitalized interest on the
approve a revision to Montana’s PSD ARM 17.8.818 would not interfere with
WIFIA credit instrument is not eligible
regulations as submitted by the State of sections 110(a)(2) and 110(i) of the Act,
for calculating eligible project costs.
Montana on October 14, 2016. We are as they are in compliance with current
* * * * * taking final action to approve the federal regulations;
[FR Doc. 2018–13714 Filed 6–25–18; 8:45 am] following revision to Administrative 5. CAA section 161, which requires a
BILLING CODE 6560–50–P Rules of Montana (ARM) SIP to contain emission limitations to
17.8.818(7)(a)(iii): Removing the phrase prevent significant deterioration of air
‘‘averaged over a 24-hour period.’’ quality in regions designated as
ENVIRONMENTAL PROTECTION We provided a detailed background in attainment or unclassifiable; and
AGENCY our proposed rulemaking, published on 6. Montana’s SIP revision complies
April 27, 2018. See 83 FR 18494. We with the requirements of 40 CFR 51.166
40 CFR Part 52 invited comment on all aspects of our as the plan imposes the regulatory
[EPA–R08–OAR–2018–0136; FRL–9979– proposal and provided a 30-day requirements on individual sources, as
76—Region 8] comment period. The comment period required by the regulatory provisions.
ended on May 29, 2018.
Approval and Promulgation of Air In this action, we are responding to IV. Incorporation by Reference
Quality Implementation Plans; State of the comments we received and taking In this action, the EPA is taking final
Montana; Revisions to PSD Permitting final rulemaking action on the State’s action to include in a final EPA rule
Rules October 14, 2016 submittal. regulatory text that includes
AGENCY: Environmental Protection incorporation by reference. In
II. Response to Comments
Agency (EPA). accordance with requirements of 1 CFR
sradovich on DSK3GMQ082PROD with RULES
ACTION: Final rule. We received two comments during 51.5, the EPA is taking final action to
the public comment period. After incorporate by reference a change to the
SUMMARY: The Environmental Protection reviewing the comments, the EPA has State of Montana’s SIP removing
Agency (EPA) is taking final action to determined that the comments are ‘‘averaged over a 24-hour period’’ from
fully approve the State Implementation outside the scope of our proposed action ARM 17.8.818(7)(a)(iii). The EPA has
Plan (SIP) revision submitted by the or fail to identify any material issue made, and will continue to make, these
State of Montana on October 14, 2016. necessitating a response. materials generally available through
VerDate Sep<11>2014 16:05 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1](https://thefederalregister.org/doc/83_FR_29814/page/4.svg)
Document Created: 2018-06-26 00:51:20
Document Modified: 2018-06-26 00:51:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This rule is effective on June 26, 2018. Comments must be received on or before August 27, 2018. | |
| Contact | Jordan Dorfman, Water Infrastructure Division, Office of Wastewater Management, Mail Code 4201C, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, | |
| FR Citation | 83 FR 29691 | |
| CFR Associated | Environmental Protection; Reporting and Recordkeeping Requirements and Water Finance |
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