Air Pollution Control; Proposed Administrative Action on Clean Air Act Grant to the Puerto Rico Department of Natural and Environmental Resources, 49461-49462 [2023-16114]

Download as PDF Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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 https://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: Under the Clean Air Act (42 U.S.C. 7521 et seq.) manufacturers and 49461 importers of on-highway motorcycles must have a certificate of conformity issued by EPA covering any vehicle they intend to offer for sale in the United States. A certificate of conformity represents that the respective vehicle conforms to all applicable emissions requirements. In issuing a certificate of conformity, EPA reviews vehicle information and emissions test data to determine if the required testing has been performed and the required emissions levels have been demonstrated. After a certificate of conformity has been issued, the Agency may request additional information to verify that the product continues to meet its certified emissions standards throughout its useful life. Form Numbers: Current form No. Form title New or previous Highway Motorcycle HC+NOX Average Exhaust Emissions Model Year Report .................................................. Manufacturer Production Report for Engine/Equipment Manufacturers—Heavy-Duty, Nonroad, and Highway Motorcycles. List of Emissions Related Components .................................................................................................................. Catalyst Information ................................................................................................................................................ AECD Reporting Template ..................................................................................................................................... Previous ............... Previous ............... 5900–339 5900–90 New. Previous ............... New. 5900–464 Respondents/affected entities: Entities potentially affected by this action are on-highway motorcycle manufacturers and importers. Respondent’s obligation to respond: Mandatory (40 CFR part 86). Estimated number of respondents: 95 (total). Frequency of response: Annual, unless otherwise specified under 40 CFR part 86, subpart E. Total estimated burden: 5,832 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $1,124,869 (per year), includes $31,998 annualized capital and $342,565 operation & maintenance costs. Changes in estimates: There is an increase of 379 hours but a decrease of $63,760 in the total estimated cost from the previous ICR. This increase in hours but decrease in total estimated cost is primarily due to the inclusion of electric motorcycle manufacturers who must certify their engine families but are not subject to exhaust or evaporative emissions testing requirements. ENVIRONMENTAL PROTECTION AGENCY [EPA–R02–OAR–2023–0370; FRL–11172– 01–R2] Air Pollution Control; Proposed Administrative Action on Clean Air Act Grant to the Puerto Rico Department of Natural and Environmental Resources Environmental Protection Agency (EPA). ACTION: Proposed administrative action to revoke a grant; request for comments; and notice of opportunity for public hearing. AGENCY: Byron J. Bunker, Director, Compliance Division, Office of Transportation and Air Quality. The EPA is proposing to revoke the Fiscal Year 2019 Clean Air Act (CAA) section 105 grant awarded to the Puerto Rico Department of Natural and Environmental Resources (PRDNER) because it has failed to satisfy the statutory maintenance of effort (MOE) requirement for that year. The EPA is providing prior notice of its intent to revoke PRDNER’s Fiscal Year 2019 Clean Air Act section 105 grant. When the proposed action is final, PRDNER will be eligible to receive future CAA section 105 grants to support its air pollution control program. [FR Doc. 2023–16193 Filed 7–28–23; 8:45 am] DATES: BILLING CODE 6560–50–P VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 SUMMARY: Comments and/or requests for a public hearing must be received by EPA PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 at the address stated below by August 30, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R02– OAR–2023–0370 at https:// www.regulations.gov. For comments submitted at 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 Proprietary Business Information (PBI) or Confidential 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit E:\FR\FM\31JYN1.SGM 31JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 49462 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices https://www.epa.gov/dockets/ commenting-epa-dockets. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Carmen R. Guerrero Pe´rez, Director, Caribbean Environmental Protection Division, United States Environmental Protection Agency—Region 2, City View Plaza II—Suite 700, #48 Rd. 165 km 1.2, Guaynabo, PR 00968–8069. Telephone (787) 977–5802, Email Address: guerrero.carmen@epa.gov. SUPPLEMENTARY INFORMATION: Section 105 of the Clean Air Act (CAA) provides grant funding for the continuing air programs of eligible State, local, and Tribal agencies. In accordance with 40 CFR 35.145(a), the Regional Administrator may provide air pollution control agencies up to three-fifths of the approved costs of implementing programs for the prevention and control of air pollution. CAA section 105 grants require two types of cost share requirements, a match requirement and an MOE requirement. An eligible agency must meet a minimum 40% match. In addition, to remain eligible for CAA section 105 grants, an eligible agency must meet an MOE requirement under section 105(c)(1) of the CAA, 42 U.S.C. 7405(c)(1). Program activities relevant to the match consist of both recurring and non-recurring (unique, one-time only) expenses. The MOE provision requires that a state or local agency spend at least the same dollar level of funds as it did in the previous grant year, but only for the costs of recurring activities. Specifically, section 105(c)(1) of the CAA, 42 U.S.C. 7405(c)(1), provides that, ‘‘No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for air pollution control programs [maintenance of effort or MOE level] will be less than its expenditures were for such programs during the preceding fiscal year.’’ The EPA’s implementing regulations at 40 CFR 35.146(a) reiterate the CAA section 105(c)(1) MOE requirement. Although the PRDNER has successfully completed a portion of its Fiscal Year 2019 air pollution control program, PRDNER has faced challenges that have impacted its ability to meet the statutory MOE requirement for its Fiscal Year 2019 CAA section 105 grant. By letter to the EPA dated May 15, 2023, PRDNER explained that compliance VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 with the MOE has been a challenge due to natural events that affected Puerto Rico such as hurricanes and earthquakes and the interruptions to the operations of the Government of Puerto Rico due to the COVID–19 pandemic. The restrictions imposed by the Department of Health to prevent or reduce the risk of COVID–19 exposure affected PRDNER’s performance of grant workplan tasks. These factors combined with fiscal constraints and the lack of sufficient human resources to complete the grant workplan tasks created an MOE shortfall. Since PRDNER did not satisfy the statutory requirement for the maintenance of effort for Fiscal Year 2019, EPA intends to revoke PRDNER’s Fiscal Year 2019 CAA section 105 grant. Pursuant to section 105(e) of the CAA, the EPA is providing prior notice of its intent to revoke PRDNER’s Fiscal Year 2019 CAA section 105 grant. The proposed administrative action does not otherwise impact the air pollution control program already carried out by PRDNER during Fiscal Year 2019, which ended on September 30, 2019. This notice constitutes a request for public comment and an opportunity for public hearing as required by CAA section 105(e) and EPA’s implementing regulations at 40 CFR 35.148(b). All written comments received by August 30, 2023 on this proposal will be considered. EPA will conduct a public hearing on this proposal if EPA finds, based on written requests for a public hearing, that the issues raised are substantial or a significant degree of public interest in this proposal has been expressed; written requests for a hearing must be received by EPA at the address above by August 30, 2023. If no written request for a hearing is received or if EPA determines that the issues raised are insubstantial or no significant degree of public interest in this proposed action has been expressed, EPA will proceed to the final action on this grant. Lisa Garcia, Regional Administrator, Region 2. [FR Doc. 2023–16114 Filed 7–28–23; 8:45 am] BILLING CODE 6560–50–P FARM CREDIT ADMINISTRATION Sunshine Act Meetings 10:00 a.m., Thursday, August 10, 2023. PLACE: You may observe this meeting in person at 1501 Farm Credit Drive, McLean, Virginia 22102–5090, or virtually. If you would like to observe, at least 24 hours in advance, visit FCA.gov, select ‘‘Newsroom,’’ then TIME AND DATE: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 select ‘‘Events.’’ From there, access the linked ‘‘Instructions for board meeting visitors’’ and complete the described registration process. STATUS: This meeting will be open to the public. MATTERS TO BE CONSIDERED: The following matters will be considered: • Approval of Minutes for July 13, 2023 • Annual Report on the Farm Credit System’s Young, Beginning, and Small Farmers and Ranchers Mission Performance CONTACT PERSON FOR MORE INFORMATION: If you need more information or assistance for accessibility reasons, or have questions, contact Ashley Waldron, Secretary to the Board. Telephone: 703–883–4009. TTY: 703– 883–4056. Ashley Waldron, Secretary to the Board. [FR Doc. 2023–16370 Filed 7–27–23; 4:15 pm] BILLING CODE 6705–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meetings 11:16 a.m. on Thursday, July 27, 2023. PLACE: The meeting was held in the Board Room located on the sixth floor of the FDIC Building located at 550 17th Street NW, Washington, DC. STATUS: Closed. MATTERS TO BE CONSIDERED: The Board of Directors of the Federal Deposit Insurance Corporation met to consider matters related to the Corporation’s supervision, corporate, and resolution activities. In calling the meeting, the Board determined, on motion of Vice Chairman Travis J. Hill, seconded by Director Jonathan P. McKernan, and concurred in by Director Rohit Chopra (Director, Consumer Financial Protection Bureau), Director Michael J. Hsu (Acting Comptroller of the Currency), and Chairman Martin J. Gruenberg, that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b (c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B). CONTACT PERSON FOR MORE INFORMATION: Requests for further information concerning the meeting may be directed TIME AND DATE: E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49461-49462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16114]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R02-OAR-2023-0370; FRL-11172-01-R2]


Air Pollution Control; Proposed Administrative Action on Clean 
Air Act Grant to the Puerto Rico Department of Natural and 
Environmental Resources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed administrative action to revoke a grant; request for 
comments; and notice of opportunity for public hearing.

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

SUMMARY: The EPA is proposing to revoke the Fiscal Year 2019 Clean Air 
Act (CAA) section 105 grant awarded to the Puerto Rico Department of 
Natural and Environmental Resources (PRDNER) because it has failed to 
satisfy the statutory maintenance of effort (MOE) requirement for that 
year. The EPA is providing prior notice of its intent to revoke 
PRDNER's Fiscal Year 2019 Clean Air Act section 105 grant. When the 
proposed action is final, PRDNER will be eligible to receive future CAA 
section 105 grants to support its air pollution control program.

DATES: Comments and/or requests for a public hearing must be received 
by EPA at the address stated below by August 30, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2023-0370 at https://www.regulations.gov. For comments submitted at 
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 
Proprietary Business Information (PBI) or Confidential 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, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit

[[Page 49462]]

https://www.epa.gov/dockets/commenting-epa-dockets. If you need 
assistance in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Carmen R. Guerrero P[eacute]rez, 
Director, Caribbean Environmental Protection Division, United States 
Environmental Protection Agency--Region 2, City View Plaza II--Suite 
700, #48 Rd. 165 km 1.2, Guaynabo, PR 00968-8069. Telephone (787) 977-
5802, Email Address: [email protected].

SUPPLEMENTARY INFORMATION: Section 105 of the Clean Air Act (CAA) 
provides grant funding for the continuing air programs of eligible 
State, local, and Tribal agencies. In accordance with 40 CFR 35.145(a), 
the Regional Administrator may provide air pollution control agencies 
up to three-fifths of the approved costs of implementing programs for 
the prevention and control of air pollution. CAA section 105 grants 
require two types of cost share requirements, a match requirement and 
an MOE requirement. An eligible agency must meet a minimum 40% match. 
In addition, to remain eligible for CAA section 105 grants, an eligible 
agency must meet an MOE requirement under section 105(c)(1) of the CAA, 
42 U.S.C. 7405(c)(1).
    Program activities relevant to the match consist of both recurring 
and non-recurring (unique, one-time only) expenses. The MOE provision 
requires that a state or local agency spend at least the same dollar 
level of funds as it did in the previous grant year, but only for the 
costs of recurring activities. Specifically, section 105(c)(1) of the 
CAA, 42 U.S.C. 7405(c)(1), provides that, ``No agency shall receive any 
grant under this section during any fiscal year when its expenditures 
of non-Federal funds for recurrent expenditures for air pollution 
control programs [maintenance of effort or MOE level] will be less than 
its expenditures were for such programs during the preceding fiscal 
year.'' The EPA's implementing regulations at 40 CFR 35.146(a) 
reiterate the CAA section 105(c)(1) MOE requirement.
    Although the PRDNER has successfully completed a portion of its 
Fiscal Year 2019 air pollution control program, PRDNER has faced 
challenges that have impacted its ability to meet the statutory MOE 
requirement for its Fiscal Year 2019 CAA section 105 grant. By letter 
to the EPA dated May 15, 2023, PRDNER explained that compliance with 
the MOE has been a challenge due to natural events that affected Puerto 
Rico such as hurricanes and earthquakes and the interruptions to the 
operations of the Government of Puerto Rico due to the COVID-19 
pandemic. The restrictions imposed by the Department of Health to 
prevent or reduce the risk of COVID-19 exposure affected PRDNER's 
performance of grant workplan tasks. These factors combined with fiscal 
constraints and the lack of sufficient human resources to complete the 
grant workplan tasks created an MOE shortfall. Since PRDNER did not 
satisfy the statutory requirement for the maintenance of effort for 
Fiscal Year 2019, EPA intends to revoke PRDNER's Fiscal Year 2019 CAA 
section 105 grant. Pursuant to section 105(e) of the CAA, the EPA is 
providing prior notice of its intent to revoke PRDNER's Fiscal Year 
2019 CAA section 105 grant. The proposed administrative action does not 
otherwise impact the air pollution control program already carried out 
by PRDNER during Fiscal Year 2019, which ended on September 30, 2019.
    This notice constitutes a request for public comment and an 
opportunity for public hearing as required by CAA section 105(e) and 
EPA's implementing regulations at 40 CFR 35.148(b). All written 
comments received by August 30, 2023 on this proposal will be 
considered. EPA will conduct a public hearing on this proposal if EPA 
finds, based on written requests for a public hearing, that the issues 
raised are substantial or a significant degree of public interest in 
this proposal has been expressed; written requests for a hearing must 
be received by EPA at the address above by August 30, 2023. If no 
written request for a hearing is received or if EPA determines that the 
issues raised are insubstantial or no significant degree of public 
interest in this proposed action has been expressed, EPA will proceed 
to the final action on this grant.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2023-16114 Filed 7-28-23; 8:45 am]
BILLING CODE 6560-50-P
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