Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure, 50952-50953 [2012-20670]
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50952
Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
Boiler operating day means any 24hour period between 12:00 midnight
and the following midnight during
which any fuel is combusted at any of
the units identified in paragraph (f) of
this section.
Combustion controls shall mean new
low NOX burners, new overfire air, and/
or rotating overfire air.
Continuous emission monitoring
system or CEMS means the equipment
required by 40 CFR Part 75 to determine
compliance with this paragraph (f).
NOX means nitrogen oxides expressed
as nitrogen dioxide (NO2).
Owner/operator means any person
who owns or who operates, controls, or
supervises an EGU identified in
paragraph (f) of this section.
Unit means any of the EGUs identified
in paragraph (f) of this section.
Unit-wide means all of the EGUs
identified in paragraph (f) of this
section.
Valid data means data recorded when
the CEMS is not out-of-control as
defined by part 75 and which meets the
relative accuracy requirements of this
paragraph.
(2) Emission limitations—the total
discharge of NOx from Units 1, 2, and
3, expressed as NO2, shall not exceed
0.20 lb/MMBtu determined over a 30
successive boiler operating day period.
For each boiler operating day, hourly
emissions of NO2, in pounds of NO2, for
units 1, 2 and 3 for that day shall be
summed together. For each boiler
operating day, heat input, in millions of
BTU, for units 1, 2 and 3 for that day
shall be summed together. Each day the
30 successive boiler operating day NO2
emission rate, in lb/MMBtu, shall be
determined by adding together that day
and the preceding 29 boiler operating
days’ pounds of NO2 and dividing that
total pounds of NO2 by the sum of the
heat input during the same 30-day
period.
(3) Compliance date. The owners and
operators subject to this section shall
comply with the emissions limitations
and other requirements of this section
by January 1, 2015 and thereafter.
(4) Testing and monitoring. (i) At all
times after the compliance date
specified in paragraph (f)(3) of this
section, the owner/operator of each unit
shall maintain, calibrate, and operate a
CEMS, in full compliance with the
requirements found at 40 CFR part 75,
to accurately measure NOX, diluent, and
stack gas volumetric flow rate from each
unit. In addition to these requirements,
relative accuracy test audits shall be
performed for both the NO2 pounds per
hour measurement and the hourly heat
input measurement. Each such relative
accuracy test audit shall have a relative
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accuracy, as defined in 40 CFR part 60,
appendix F, section 2.6, of less than 20
percent. This testing shall be evaluated
each time the 40 CFR part 75 monitors
undergo relative accuracy testing.
Compliance with the emission limit for
NO2 shall be determined by using valid
data that is quality assured in
accordance with the requirements of
this paragraph. (ii) If a valid NOX
pounds per hour or heat input is not
available for any hour for a unit, that
heat input and NOX pounds per hour
shall not be used in the calculation of
the unit-wide rolling 30 successive
boiler operating day average. Each unit
shall obtain at least 90 percent hours of
data over each calendar quarter. 40 CFR
part 60 Appendix A Reference Methods
may be used to supplement the part 75
monitoring.
(iii) Upon the effective date of the
unit-wide NOX limit, the owner or
operator shall have installed CEMS
software that meets with the
requirements of this section for
measuring NO2 pounds per hour and
calculating the unit-wide 30 successive
boiler operating day average as required
in paragraph (f)(2) of this section.
(iv) Upon the completion of
installation of ammonia injection on any
of the three units, the owner or operator
shall install, and thereafter maintain
and operate, instrumentation to
continuously monitor and record levels
of ammonia consumption for that unit.
(5) Notifications. (i) The owner or
operator shall notify EPA within two
weeks after completion of installation of
combustion controls or ammonia
injection on any of the units subject to
this section.
(ii) The owner or operator shall also
notify EPA of initial start-up of any
equipment for which notification was
given in paragraph (f)(5)(i) of this
section.
(6) Equipment Operations. After
completion of installation of ammonia
injection on any of the three units, the
owner or operator shall inject sufficient
ammonia to minimize the NOX
emissions from that unit while
preventing excessive ammonia
emissions.
(7) Recordkeeping. The owner or
operator shall maintain the following
records for at least five years: (i) For
each unit, CEMS data measuring NOX in
lb/hr, heat input rate per hour, the daily
calculation of the unit-wide 30
successive boiler operating day rolling
lb NO2/MMbtu emission rate as required
in paragraph (f)(2) of this section. (ii)
Records of the relative accuracy test for
NOX lb/hr measurement and hourly heat
input
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(iii) Records of ammonia consumption
for each unit, as recorded by the
instrumentation required in paragraph
(f)(4)(iv) of this section.
(8) Reporting. Reports and
notifications shall be submitted to the
Director of Enforcement Division, U.S.
EPA Region IX, at 75 Hawthorne Street,
San Francisco, CA 94105. Within 30
days of the end of each calendar quarter
after the effective date of this section,
the owner or operator shall submit a
report that lists the unit-wide 30
successive boiler operating day rolling
lb NO2/MMBtu emission rate for each
day. Included in this report shall be the
results of any relative accuracy test
audit performed during the calendar
quarter.
(9) Enforcement. Notwithstanding any
other provision in this implementation
plan, any credible evidence or
information relevant as to whether the
unit would have been in compliance
with applicable requirements if the
appropriate performance or compliance
test had been performed, can be used to
establish whether or not the owner or
operator has violated or is in violation
of any standard or applicable emission
limit in the plan.
[FR Doc. 2012–20503 Filed 8–22–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120312182–2239–02]
RIN 0648–XC166
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific sardine off the coasts
of Washington, Oregon and California.
This action is necessary because the
directed harvest allocation total for the
second seasonal period (July 1–
September 14) is projected to be reached
by the effective date of this rule. From
the effective date of this rule until
September 15, 2012, Pacific sardine may
be harvested only as part of the live bait
fishery or incidental to other fisheries;
the incidental harvest of Pacific sardine
is limited to 30-percent by weight of all
SUMMARY:
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
fish per trip. Fishing vessels must be at
shore and in the process of offloading at
12:01 a.m. Pacific Daylight Time,
August 23, 2012.
DATES: Effective 12:01 a.m. Pacific
Daylight Time (PDT) August 23, 2012,
through 11:59 p.m., September 14, 2012.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: This
document announces that based on the
best available information recently
obtained from the fishery and
information on past effort, the directed
fishing harvest allocation for the second
allocation period (July 1–September 14)
will be reached and therefore directed
fishing for Pacific sardine is being
closed until September 15, 2012.
Fishing vessels must be at shore and in
the process of offloading at the time of
closure. From 12:01 a.m., August 23,
through September 14, 2012, Pacific
sardine may be harvested only as part of
the live bait fishery or incidental to
other fisheries, with the incidental
harvest of Pacific sardine limited to 30percent by weight of all fish caught
during a trip.
NMFS manages the Pacific sardine
fishery in the U.S. exclusive economic
zone (EEZ) off the Pacific coast
(California, Oregon, and Washington) in
accordance with the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP). Annual specifications published
in the Federal Register establish the
harvest guideline (HG) and allowable
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harvest levels for each Pacific sardine
fishing season (January 1–December 31).
If during any of the seasonal allocation
periods the applicable adjusted directed
harvest allocation is projected to be
taken only incidental harvest is allowed,
and for the remainder of the period, any
incidental Pacific sardine landings will
be counted against that period’s
incidental set aside. In the event that an
incidental set-aside is projected to be
attained, all fisheries will be closed to
the retention of Pacific sardine for the
remainder of the period via appropriate
rulemaking.
Under 50 CFR 660.509, if the total HG
or these apportionment levels for Pacific
sardine are reached at any time, NMFS
is required to close the Pacific sardine
fishery via appropriate rulemaking and
it is to remain closed until it re-opens
either per the allocation scheme or the
beginning of the next fishing season. In
accordance with § 660.509 the Regional
Administrator shall publish a notice in
the Federal Register announcing the
date of the closure of the directed
fishery for Pacific sardine.
The above in-season harvest
restrictions are not intended to affect the
prosecution of the live bait portion of
the Pacific sardine fishery.
Classification
This action is required by 50 CFR
660.509 and is exempt from Office of
Management and Budget review under
Executive Order 12866.
NMFS finds good cause to waive the
requirement to provide prior notice and
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50953
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) for the closure of the
directed harvest of Pacific sardine. For
the reasons set forth below, notice and
comment procedures are impracticable
and contrary to the public interest. For
the same reasons, NMFS also finds good
cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for this
action. This measure responds to the
best available information and is
necessary for the conservation and
management of the Pacific sardine
resource. A delay in effectiveness would
cause the fishery to exceed the in-season
harvest level. These seasonal harvest
levels are important mechanisms in
preventing overfishing and managing
the fishery at optimum yield. The
established directed and incidental
harvest allocations are designed to allow
fair and equitable opportunity to the
resource by all sectors of the Pacific
sardine fishery and to allow access to
other profitable CPS fisheries, such as
squid and Pacific mackerel.
Many of the same fishermen who
harvest Pacific sardine rely on these
other fisheries for a significant portion
of their income.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 17, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–20670 Filed 8–17–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50952-50953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20670]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120312182-2239-02]
RIN 0648-XC166
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine off
the coasts of Washington, Oregon and California. This action is
necessary because the directed harvest allocation total for the second
seasonal period (July 1-September 14) is projected to be reached by the
effective date of this rule. From the effective date of this rule until
September 15, 2012, Pacific sardine may be harvested only as part of
the live bait fishery or incidental to other fisheries; the incidental
harvest of Pacific sardine is limited to 30-percent by weight of all
[[Page 50953]]
fish per trip. Fishing vessels must be at shore and in the process of
offloading at 12:01 a.m. Pacific Daylight Time, August 23, 2012.
DATES: Effective 12:01 a.m. Pacific Daylight Time (PDT) August 23,
2012, through 11:59 p.m., September 14, 2012.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: This document announces that based on the
best available information recently obtained from the fishery and
information on past effort, the directed fishing harvest allocation for
the second allocation period (July 1-September 14) will be reached and
therefore directed fishing for Pacific sardine is being closed until
September 15, 2012. Fishing vessels must be at shore and in the process
of offloading at the time of closure. From 12:01 a.m., August 23,
through September 14, 2012, Pacific sardine may be harvested only as
part of the live bait fishery or incidental to other fisheries, with
the incidental harvest of Pacific sardine limited to 30-percent by
weight of all fish caught during a trip.
NMFS manages the Pacific sardine fishery in the U.S. exclusive
economic zone (EEZ) off the Pacific coast (California, Oregon, and
Washington) in accordance with the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). Annual specifications published in the
Federal Register establish the harvest guideline (HG) and allowable
harvest levels for each Pacific sardine fishing season (January 1-
December 31). If during any of the seasonal allocation periods the
applicable adjusted directed harvest allocation is projected to be
taken only incidental harvest is allowed, and for the remainder of the
period, any incidental Pacific sardine landings will be counted against
that period's incidental set aside. In the event that an incidental
set-aside is projected to be attained, all fisheries will be closed to
the retention of Pacific sardine for the remainder of the period via
appropriate rulemaking.
Under 50 CFR 660.509, if the total HG or these apportionment levels
for Pacific sardine are reached at any time, NMFS is required to close
the Pacific sardine fishery via appropriate rulemaking and it is to
remain closed until it re-opens either per the allocation scheme or the
beginning of the next fishing season. In accordance with Sec. 660.509
the Regional Administrator shall publish a notice in the Federal
Register announcing the date of the closure of the directed fishery for
Pacific sardine.
The above in-season harvest restrictions are not intended to affect
the prosecution of the live bait portion of the Pacific sardine
fishery.
Classification
This action is required by 50 CFR 660.509 and is exempt from Office
of Management and Budget review under Executive Order 12866.
NMFS finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) for the closure of the directed harvest of
Pacific sardine. For the reasons set forth below, notice and comment
procedures are impracticable and contrary to the public interest. For
the same reasons, NMFS also finds good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in effectiveness for this action. This
measure responds to the best available information and is necessary for
the conservation and management of the Pacific sardine resource. A
delay in effectiveness would cause the fishery to exceed the in-season
harvest level. These seasonal harvest levels are important mechanisms
in preventing overfishing and managing the fishery at optimum yield.
The established directed and incidental harvest allocations are
designed to allow fair and equitable opportunity to the resource by all
sectors of the Pacific sardine fishery and to allow access to other
profitable CPS fisheries, such as squid and Pacific mackerel.
Many of the same fishermen who harvest Pacific sardine rely on
these other fisheries for a significant portion of their income.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 17, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-20670 Filed 8-17-12; 4:15 pm]
BILLING CODE 3510-22-P
