Guidance on the Preparation of Clean Air Act Section 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions, 1105-1106 [2021-00026]
Download as PDF
Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Notices
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact FERC at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the ‘‘eFile’’ link at https://www.ferc.gov.
In lieu of electronic filing, you may
submit a paper copy. Submissions sent
via the U.S. Postal Service must be
addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room
1A, Washington, DC 20426.
Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
Dated: December 31, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020–29326 Filed 1–6–21; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2019–0668; FRL–10019–17–
OAR]
Guidance on the Preparation of Clean
Air Act Section 179B Demonstrations
for Nonattainment Areas Affected by
International Transport of Emissions
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
Notice is hereby given that
the Environmental Protection Agency
(EPA) has posted on its website a final
guidance document titled, ‘‘Guidance
on the Preparation of Clean Air Act
Section 179B Demonstrations for
Nonattainment Areas Affected by
International Transport of Emissions.’’
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this final
guidance document, please contact
Gobeail McKinley, U.S. EPA, Office of
Air Quality Planning and Standards, Air
Quality Policy Division, C539–04,
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:12 Jan 06, 2021
Jkt 253001
Research Triangle Park, NC 27711,
telephone (919) 541–5246, email at
mckinley.gobeail@epa.gov. For
questions about the technical issues
discussed in Section 6 of this guidance,
please contact Barron Henderson, U.S.
EPA, Office of Air Quality Planning and
Standards, Air Quality Assessment
Division, Research Triangle Park, NC
27711, telephone (919) 541–2760, email
at henderson.barron@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
How can I get copies of this guidance
document and other related
information?
Docket: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2019–0668. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically through https://
www.regulations.gov.
Agency Website: The EPA has
established the EPA Guidance Portal
website for posting of all active final
guidance documents. The EPA
Guidance Portal can be accessed at the
following website: https://epa.gov/
guidance/.
The EPA has a website to house
information related to the international
transport of air pollution at: https://
www.epa.gov/ground-level-ozonepollution/international-transport-airpollution. The website includes the
EPA’s draft and final Clean Air Act
(CAA) section 179B guidance
documents, a recording of and the slides
presented during the public webinar
held on February 12, 2020, and other
technical information and resources
related to the international transport of
air pollution. The website provides
related information that the public may
find useful.
What’s the purpose of the EPA’s
guidance?
The purpose of this new final
guidance document is to assist state,
local, and tribal air agencies that are
considering the development of a
demonstration, under section 179B of
the CAA, that a nonattainment area
would be able to attain, or would have
attained, the relevant National Ambient
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
1105
Air Quality Standard (NAAQS) but for
air pollutant emissions emanating from
outside the United States. The guidance
describes and provides examples of the
kinds of information and analyses that
the U.S. Environmental Protection
Agency (EPA) recommends air agencies
consider including in a CAA section
179B demonstration. The guidance also
describes a weight of evidence approach
that the EPA intends to use when
evaluating CAA section 179B
demonstrations. This nonbinding
guidance is intended to assist air
agencies considering the preparation of
a CAA section 179B demonstration but
does not limit the types of information
or analyses that could be provided as
part of any such demonstration under
the CAA.
The EPA has the authority under CAA
section 179B to assess such an
international transport demonstration
when evaluating a state implementation
plan (SIP) submitted in response to a
nonattainment designation or
reclassification of an area, or when the
EPA determines whether a
nonattainment area has or has not failed
to attain the standard by the attainment
date (and thus would become subject to
additional CAA requirements). If the
EPA determines that such a
demonstration is approvable, the EPA
will provide certain regulatory relief as
described in CAA section 179B. If the
EPA approves a CAA section 179B
demonstration showing that an area in
the future would attain the relevant
NAAQS but for international emissions,
then the air agency would not be subject
to the SIP requirement to provide an
attainment demonstration. If the EPA
approves a CAA section 179B
demonstration showing that a
nonattainment area would have attained
the relevant NAAQS based on past air
quality data but for international
emissions, then the nonattainment area
would not be subject to reclassification
to a higher classification and would not
be subject to additional regulatory
requirements that come with a higher
classification.
In addition to describing the kinds of
information and analyses that may be
helpful to include in a CAA section
179B demonstration, this guidance
provides:
• A review of the existing regulatory
framework for considering CAA section
179B demonstrations;
• A review of other existing
regulatory mechanisms that may be
more appropriate alternatives to CAA
section 179B in certain situations;
• Recommended timeframes for the
CAA section 179B demonstration
development and submittal process; and
E:\FR\FM\07JAN1.SGM
07JAN1
1106
Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Notices
• Background on the nature of
intracontinental and intercontinental
transport of air pollution.
The EPA accepted comments on the
draft guidance from January 9, 2020,
through March 10, 2020. The EPA
received comments from 15 entities. All
comments received by the EPA are
included in the docket for this guidance.
The EPA thoroughly considered the
points raised in the comments in the
development of this final guidance.
1. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is a significant guidance
document that was submitted to the
Office of Management and Budget
(OMB) for review. Any changes made in
response to OMB recommendations
have been documented in the docket.
2. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not considered an
Executive Order 13771 deregulatory or
regulatory action. This action is
considered a significant guidance
action. There are no quantified cost
estimates for this guidance because it
does not create regulatory requirements
for states. To the extent the
clarifications in the guidance influence
the behaviors of states, this guidance
could help a state develop an
approvable CAA section 179B
demonstration, which in turn would be
expected to reduce the state’s burden
associated with implementing
nonattainment area requirements.
3. Executive Order 13609: Promoting
International Regulatory Cooperation
This guidance does not impact
regulatory cooperation because it is not
a regulation.
4. Executive Order 13777: Enforcing the
Regulatory Reform Agenda
jbell on DSKJLSW7X2PROD with NOTICES
This guidance is not being issued as
a result of the agency’s regulatory
reform agenda or through a
recommendation from the Agency’s
Regulatory Reform Task Force because it
is not a regulation.
5. Executive Order 13891: Promoting the
Rule of Law Through Improved Agency
Guidance Documents
This guidance complies with all the
requirements of Executive Order 13891.
VerDate Sep<11>2014
18:12 Jan 06, 2021
Jkt 253001
Dated: December 18, 2020.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
I. General Information
II. What is MOVES3?
III. SIPs and MOVES3
IV. Transportation Conformity and MOVES3
[FR Doc. 2021–00026 Filed 1–6–21; 8:45 am]
I. General Information
BILLING CODE 6560–50–P
A. Does this action apply to me?
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10016–84–OAR]
Official Release of the MOVES3 Motor
Vehicle Emissions Model for SIPs and
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing the
availability of the MOtor Vehicle
Emission Simulator model (MOVES3)
for official purposes outside of
California. MOVES3 is the latest stateof-the art upgrade to EPA’s modeling
tools for estimating emissions from cars,
trucks, buses, and motorcycles based on
the latest data and regulations. MOVES3
is available for use in state
implementation plans (SIPs) and
transportation conformity analyses
outside of California. This notice starts
a two-year grace period before MOVES3
will need to be used as the latest EPA
emissions model in new regional
emissions analyses and a two-year grace
period before MOVES3 will need to be
used in new hot-spot analyses for
transportation conformity
determinations outside of California.
DATES: EPA’s announcement of the
MOVES3 emissions model for SIPs and
transportation conformity analyses in
states other than California is effective
January 7, 2021. This announcement
starts a two-year transportation
conformity grace period that ends on
January 9, 2023. After this date,
MOVES3 will need to be used as the
latest EPA emissions model in both
regional emissions analyses and in hotspot analysis for new transportation
conformity analyses outside of
California.
FOR FURTHER INFORMATION CONTACT: For
technical model questions regarding the
official release or use of MOVES3,
please email EPA at mobile@epa.gov.
For questions about SIPs, contact Rudy
Kapichak at Kapichak.Rudolph@
epa.gov, 734–214–4574. For
transportation conformity questions,
contact Astrid Terry at Terry.Astrid@
epa.gov, 734–214–4812.
SUPPLEMENTARY INFORMATION: The
contents of this notice are as follows:
Entities potentially impacted by the
approval of MOVES3 are those that
adopt, approve, or fund transportation
plans, transportation improvement
programs (TIPs), or projects under title
23 U.S.C. or title 49 U.S.C. Chapter 53
and those that develop and submit SIPs
to EPA. Regulated categories and
entities affected by today’s action
include:
Category
SUMMARY:
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Local government.
State government.
Federal government.
Examples of regulated
entities
Local air quality and transportation agencies, including metropolitan planning
organizations (MPOs).
State air quality and transportation agencies.
Department of Transportation (Federal Highway
Administration (FHWA)
and Federal Transit Administration (FTA)).
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by the release of MOVES. Other
entities not listed in the table could also
be affected. To determine whether your
organization is affected by this action,
you should carefully examine the
transportation conformity applicability
requirements in 40 CFR 93.102. If you
have questions regarding the
applicability of this action to a
particular entity, consult the persons
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. How can I get copies of MOVES3 and
other related information?
The official version of the MOVES3
model, along with user guides and
supporting documentation, are available
on EPA’s MOVES website:
www.epa.gov/moves. Individuals who
wish to receive EPA announcements
related to the MOVES3 model should
subscribe to the EPA–MOBILENEWS
email listserv, which can be done at
EPA’s website at: www.epa.gov/moves/
forms/epa-mobilenews-listserv.
Available guidance on how to apply
MOVES3 for SIPs and transportation
conformity purposes can be found on
EPA’s transportation conformity
website, www.epa.gov/state-and-localtransportation/policy-and-technicalguidance-state-and-local-
E:\FR\FM\07JAN1.SGM
07JAN1
Agencies
[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Notices]
[Pages 1105-1106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00026]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2019-0668; FRL-10019-17-OAR]
Guidance on the Preparation of Clean Air Act Section 179B
Demonstrations for Nonattainment Areas Affected by International
Transport of Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has posted on its website a final guidance document
titled, ``Guidance on the Preparation of Clean Air Act Section 179B
Demonstrations for Nonattainment Areas Affected by International
Transport of Emissions.''
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
final guidance document, please contact Gobeail McKinley, U.S. EPA,
Office of Air Quality Planning and Standards, Air Quality Policy
Division, C539-04, Research Triangle Park, NC 27711, telephone (919)
541-5246, email at [email protected]. For questions about the
technical issues discussed in Section 6 of this guidance, please
contact Barron Henderson, U.S. EPA, Office of Air Quality Planning and
Standards, Air Quality Assessment Division, Research Triangle Park, NC
27711, telephone (919) 541-2760, email at [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
How can I get copies of this guidance document and other related
information?
Docket: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2019-0668. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically through https://www.regulations.gov.
Agency Website: The EPA has established the EPA Guidance Portal
website for posting of all active final guidance documents. The EPA
Guidance Portal can be accessed at the following website: https://epa.gov/guidance/.
The EPA has a website to house information related to the
international transport of air pollution at: https://www.epa.gov/ground-level-ozone-pollution/international-transport-air-pollution. The
website includes the EPA's draft and final Clean Air Act (CAA) section
179B guidance documents, a recording of and the slides presented during
the public webinar held on February 12, 2020, and other technical
information and resources related to the international transport of air
pollution. The website provides related information that the public may
find useful.
What's the purpose of the EPA's guidance?
The purpose of this new final guidance document is to assist state,
local, and tribal air agencies that are considering the development of
a demonstration, under section 179B of the CAA, that a nonattainment
area would be able to attain, or would have attained, the relevant
National Ambient Air Quality Standard (NAAQS) but for air pollutant
emissions emanating from outside the United States. The guidance
describes and provides examples of the kinds of information and
analyses that the U.S. Environmental Protection Agency (EPA) recommends
air agencies consider including in a CAA section 179B demonstration.
The guidance also describes a weight of evidence approach that the EPA
intends to use when evaluating CAA section 179B demonstrations. This
nonbinding guidance is intended to assist air agencies considering the
preparation of a CAA section 179B demonstration but does not limit the
types of information or analyses that could be provided as part of any
such demonstration under the CAA.
The EPA has the authority under CAA section 179B to assess such an
international transport demonstration when evaluating a state
implementation plan (SIP) submitted in response to a nonattainment
designation or reclassification of an area, or when the EPA determines
whether a nonattainment area has or has not failed to attain the
standard by the attainment date (and thus would become subject to
additional CAA requirements). If the EPA determines that such a
demonstration is approvable, the EPA will provide certain regulatory
relief as described in CAA section 179B. If the EPA approves a CAA
section 179B demonstration showing that an area in the future would
attain the relevant NAAQS but for international emissions, then the air
agency would not be subject to the SIP requirement to provide an
attainment demonstration. If the EPA approves a CAA section 179B
demonstration showing that a nonattainment area would have attained the
relevant NAAQS based on past air quality data but for international
emissions, then the nonattainment area would not be subject to
reclassification to a higher classification and would not be subject to
additional regulatory requirements that come with a higher
classification.
In addition to describing the kinds of information and analyses
that may be helpful to include in a CAA section 179B demonstration,
this guidance provides:
A review of the existing regulatory framework for
considering CAA section 179B demonstrations;
A review of other existing regulatory mechanisms that may
be more appropriate alternatives to CAA section 179B in certain
situations;
Recommended timeframes for the CAA section 179B
demonstration development and submittal process; and
[[Page 1106]]
Background on the nature of intracontinental and
intercontinental transport of air pollution.
The EPA accepted comments on the draft guidance from January 9,
2020, through March 10, 2020. The EPA received comments from 15
entities. All comments received by the EPA are included in the docket
for this guidance. The EPA thoroughly considered the points raised in
the comments in the development of this final guidance.
1. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant guidance document that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket.
2. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not considered an Executive Order 13771 deregulatory
or regulatory action. This action is considered a significant guidance
action. There are no quantified cost estimates for this guidance
because it does not create regulatory requirements for states. To the
extent the clarifications in the guidance influence the behaviors of
states, this guidance could help a state develop an approvable CAA
section 179B demonstration, which in turn would be expected to reduce
the state's burden associated with implementing nonattainment area
requirements.
3. Executive Order 13609: Promoting International Regulatory
Cooperation
This guidance does not impact regulatory cooperation because it is
not a regulation.
4. Executive Order 13777: Enforcing the Regulatory Reform Agenda
This guidance is not being issued as a result of the agency's
regulatory reform agenda or through a recommendation from the Agency's
Regulatory Reform Task Force because it is not a regulation.
5. Executive Order 13891: Promoting the Rule of Law Through Improved
Agency Guidance Documents
This guidance complies with all the requirements of Executive Order
13891.
Dated: December 18, 2020.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2021-00026 Filed 1-6-21; 8:45 am]
BILLING CODE 6560-50-P