[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Page 26459]
[FR Doc No: 2019-11874]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86008; File No. 013-00111]

Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period

June 3, 2019.
    On February 8, 2019, POSIT filed an initial Form ATS-N (``Form ATS-
N'') with the Securities and Exchange Commission (``Commission'').
Pursuant to Rule 304 under the Securities and Exchange Act of 1934
(``Act''), the Commission may, after notice and an opportunity for
hearing, declare an initial Form ATS-N ineffective no later than 120
days from the date of filing with the Commission, or, if applicable,
the extended review period. June 8, 2019 is 120 calendar days from the
date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the Commission may
extend the initial Form ATS-N review period for up to an additional 120
calendar days if the initial Form ATS-N is unusually lengthy or raises
novel or complex issues that require additional time for review.
    POSIT was operating pursuant to an initial operation report on Form
ATS on file with the Commission as of January 7, 2019.\1\ POSIT filed
an initial Form ATS-N on February 8, 2019. During the initial 120
calendar day review period, the Commission staff has been reviewing the
disclosures on POSIT's initial Form ATS-N. In addition, the staff has
been engaged in ongoing discussions with POSIT about its disclosures
and manner of operations, as well as the requirements of Form ATS-N, to
facilitate complete and comprehensible disclosures that reflect the
complexities of those operations.
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    \1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
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    Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and discussions with
Commission staff have revealed complexities about the operations of
Legacy NMS Stock ATSs including, among other things, matching
functionalities, means of order entry, order interaction and execution
procedures, conditional order processes, segmentation of orders, and
counterparty selection protocols. The Commission staff needs additional
time to review novel and complex issues such as these, which Commission
staff has discussed with POSIT. Extending the initial Form ATS-N
Commission review period for an additional 120 calendar days will
provide Commission staff an opportunity to continue its review of the
initial Form ATS-N disclosures and discussions with POSIT.
    In the conversations between POSIT and Commission staff about the
initial Form ATS-N disclosures and the ATS operations, Commission staff
and POSIT have discussed a potential amendment to update POSIT's
disclosures regarding the complexities of its operations. Extending the
review period will enable the NMS Stock ATS to amend its disclosures,
if appropriate, and allow Commission staff to conduct a thorough review
of amendments to the initial disclosures provided on the initial Form
ATS-N.
    For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by POSIT. Accordingly,
pursuant to Rule 304(a)(1)(iv)(B), October 6, 2019 is the date by which
the Commission may declare the initial Form ATS-N submitted by POSIT
ineffective.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11874 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


For the reasons just noted, the EPA proposes to disagree with the
ACE Rule's conclusion that state plan compliance measures must always
correspond with the approach the EPA uses to set the BSER, where the
environmental outcomes of the emissions guidelines are not compromised
by a lack of alignment. Moreover, after reconsideration, the EPA also
proposes to reject the ACE Rule's interpretation that various
provisions in CAA section 111 limit the type of ``system'' that may
qualify as the BSER to inside-the-fenceline measures. 84 FR 32556, July
8, 2019. Thus, there could be no comparable inside-the-fenceline
statutory limitation on states' compliance flexibilities in developing
their state plans. The EPA proposes to agree with the part of the D.C.
Circuit's decision in American Lung Ass'n, 985 F.3d at 944-51, that
rejected the ACE Rule's inside-the-fenceline statutory interpretation.
    The EPA recognizes, however, that while the U.S. Supreme Court in
West Virginia expressly declined to address this part of the D.C.
Circuit's decision, it did impose limits, through the application of
the major questions doctrine, on the type of ``system'' that may
qualify as the BSER. 142 S. Ct. at 2615-16. The EPA does not propose in
this action to address the scope of those limits. Thus, the EPA is not
proposing in this action to address whether it could include trading or
averaging as part of the BSER--nor, for that matter, is it proposing to
identify any particular control mechanism that could or could not be
part of the BSER--in light of those limits. Instead, the EPA may
address further those limits, and their implications for the legality
of particular systems of emission reduction and state compliance
measures, in future emission guidelines.
    Under the EPA's proposed interpretation of CAA section 111, the
provision permits each state to adopt measures that allow its sources
to meet their emission limits in the aggregate, when the EPA
determines, in any particular emission guideline, that it is
appropriate to do so, given, inter alia, the pollutant, sources, and
standards of performance at issue. Thus, it is the EPA's proposed
position that CAA section 111(d) authorizes the EPA to approve state
plans, in particular emission guidelines, that achieve the requisite
emission limitation through the aggregate reductions from their
sources, including through trading or averaging, where appropriate for
a particular emission guideline and consistent with the intended
environmental outcomes of the guideline.
    We also note that the EPA has authorized trading or averaging as
compliance methods in several emission guidelines. In 1995, the EPA
authorized emissions trading in emission guidelines for municipal waste
combustors. 60 FR 65387, 65402 (December 19, 1995); see 40 CFR
60.33b(d)(2) (``A State plan may establish a program to allow owners or
operators of municipal waste combustor plants to engage in trading of
nitrogen oxides emission credits.''). In 2005, the EPA authorized
allowance trading in the Clean Air Mercury Rule, 70 FR 28606, 28617
(May 18, 2005). This rule was vacated by the D.C. Circuit on other
grounds. New Jersey v. EPA, 517 F.3d 574 (D.C. Cir. 2008). Moreover,
alongside the 2005 Mercury Rule, the EPA amended the CAA section 111
implementing regulations subpart B to provide that a state's
``[e]mission standards [may] be based on an allowance system,'' 70 FR
28649, May 18, 2005 (promulgating 40 CFR 60.24(b)(1) (2005)),
provisions that by their terms contemplated trading and that remained
in place until rescinded by the ACE Rule. In addition, the 2015 CPP
also authorized trading or averaging as a compliance strategy. 80 FR
64662, 64840 (October 23, 2015). Thus, the EPA has long interpreted CAA
section 111(d) as permitting, in appropriate circumstances, flexible
mechanisms to comply with the EPA's emission guidelines, and the EPA
now proposes to return to this interpretation.
    In addition, there is no provision in these implementing
regulations that precludes state plans from authorizing sources to
trade or average to demonstrate compliance with their standards. In
particular, the proposed revisions in the definition of ``standard of
performance'' in these regulations, described in section III.G.1.a of
this preamble, would not impose that limit. For example, states could
authorize their sources to comply with an ``allowable quantity . . . of
emissions'' by trading allowances or with an ``allowable rate . . . of
emissions'' by trading or averaging credits. It should be noted that in
promulgating particular emission guidelines, the EPA proposes that it
may preclude certain flexibilities, on the grounds, for example, that
for the particular source category or pollutant in question,
implementation of those flexibilities would undermine the amount of
emission reductions that the EPA designed the guidelines to achieve and
thus would not achieve equivalent emissions reductions.
2. Minor Amendments or Clarifications
    The EPA is proposing the following minor amendments to the
regulatory text in subpart Ba to address the following editorial and
other minor clarifications.
    i. The EPA is proposing to amend the applicability provision for
subpart Ba under 40 CFR 60.20a, to clarify that the provisions of
subpart Ba are applicable

to EGs published after July 8, 2019. The current language in this
provision states that subpart Ba also applies to EGs if implementation
of such guidelines is ongoing as of July 8, 2019. However, such EGs are
a null set,\52\ therefore the EPA is proposing to remove this text so
that it is clear that the provisions in subpart Ba only apply to final
EGs published after July 8, 2019. Emission guidelines issued prior to
July 8, 2019, are subject to the provisions of subpart B instead of
subpart Ba.
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    \52\ The Municipal Solid Waste Landfills EG, which is currently
being implemented, has its own applicability provisions and is
subject to subpart B.
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    ii. The EPA proposes to amend 40 CFR 60.21a(e), 60.22a(c),
60.24a(c), and 60.24a(n)(1) and (2) by deleting subpart C from the
provisions because EGs can be codified in other subparts of this part
and not only in subpart C of this part.
    iii. The EPA proposes to amend 40 CFR 60.27a(a) by replacing the
word ``shorten'' with ``amend''. The applicability provision at 40 CFR
60.20a(a)(1) states that ``each emission guideline may include specific
provisions in addition to or that supersede requirements of this
subpart.'' However, the provision in 40 CFR 60.27a(a) only provides for
the Administrator to ``shorten the period for submission of any plan or
plan revision or portion thereof''. To make these two provisions
consistent in light of the proposed timelines for plan submission
included in this action, the EPA is proposing to replace the word
``shorten'' with ``amend.''
    iv. The EPA is also proposing an editorial amendment to 40 CFR part
60 subpart A at 60.1(a) to add a reference to subpart Ba. The
applicability provision in 40 CFR 60.1(a) states that ``Except as
provided in subparts B and C, the provisions of this part apply to the
owner or operator of any stationary source which contains an affected
facility, the construction or modification of which is commenced after
the date of publication in this part of any standard (or, if earlier,
the date of publication of any proposed standard) applicable to that
facility''. We are proposing to amend this provision to include
reference to subpart Ba in addition to subparts B and C.
    The EPA solicits comment on the proposed clarifications as
described in section III.G.2 of this preamble. (Comment G2-1).
3. Submission of Emissions Data and Related Information
    The EPA proposes to amend 40 CFR 60.25a(a) by deleting reference to
40 CFR part 60 appendix D because the system specified for information
submittal by the appendix is no longer in use. The proposed amendments
clarify that the applicable EG will specify the system for submission
of the inventory of designated facilities, including emission data for
the designated pollutants and any additional required information.
4. State Permit and Enforcement Authority
    Questions have previously arisen as to whether states may establish
standards of performance and other plan requirements as part of state
permits and administrative orders. The EPA is not proposing a
regulatory amendment on this point but confirms that subpart Ba allows
for standards of performance and other state plan requirements to be
established as part of state permits and administrative orders, which
are then incorporated into the state plan. See 40 CFR 60.27a(g)(2)(ii).
    However, the EPA notes that the permit or administrative order
alone may not be sufficient to meet the requirements of an EG or the
implementing regulations, including the completeness criteria under 40
CFR 60.27a(g). For instance, a plan submittal must include supporting
material demonstrating the state's legal authority to implement and
enforce each component of its plan, including the standards of
performance. Id. at 40 CFR 60.27a(g)(2)(iii). In addition, the specific
EGs may also require demonstrations that may not be satisfied by terms
of a permit or administrative order. To the extent that these and other
requirements are not met by the terms of the incorporated permits and
administrative orders, states will need to include materials in a state
plan submission demonstrating how the plan meets those requirements. If
a state does choose to use permits or administrative orders to
establish standards of performance, it needs to demonstrate that it has
the legal authority to do so. The implementing regulations do not
themselves provide any independent or additional authority to issue
permits and administrative orders under states' EPA approved title I
and title V permitting programs. The EPA solicits comment on these
proposed clarifications to state permit and enforcement authority
(Comment G4-1).

IV. Statutory and Executive Order Reviews

    Additional information about these Statutory and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because it may
raise novel legal or policy issues arising out of legal mandates, the
President's priorities or the principles set forth in the Executive
Order. Any changes made in response to OMB recommendations have been
documented in the docket.
    This action proposes amendments to 40 CFR part 60, subpart Ba, the
general provisions that provide a framework for the development,
adoption, and submittal of state plans for implementation of CAA
section 111(d) EGs. The EGs provide for regulation of emissions of
designated pollutants from existing facilities within specific source
categories. The proposed amendments will only be applicable to EGs
promulgated after July 8, 2019, to the extent the EG does not supersede
the requirements of subpart Ba. The proposed amendments will not impact
legacy EGs subject to the requirements of 40 CFR part 60, subpart B.
    The impacts of the amendments proposed here on the benefits and
costs of a potential EG subject to subpart Ba can vary greatly
depending on the source category, number and location of designated
facilities, and the designated pollutant and potential controls
addressed. Additionally, the EPA may propose to supersede these general
provisions in a particular EG, as needed and with appropriate
justification. Emission guidelines are subject to notice and comment
rulemaking, providing the opportunity for stakeholders, including the
public, to consider the impacts of implementing or superseding these
amendments during those rule making actions.
    The EPA expects that the overall impacts of the implementation of
the amendments to subpart Ba being proposed in this action will improve
the implementation of EGs under CAA section 111(d). In particular, the
EPA expects that the timelines proposed in this action both
appropriately accommodate the process required by states and the EPA to
develop and evaluate plans to effectuate an EG and are consistent with
the objective of CAA section 111(d) to ensure that designated
facilities expeditiously control emissions of pollutants that the EPA
has determined may be reasonably anticipated to endanger public health
or welfare. The potential impacts of

amendments associated with timelines is addressed in more detail below.
    As described in detail in section III.A.1 of this preamble, the EPA
is proposing 15 months for state plan submissions after publication of
a final EG. The EPA expects the additional time proposed for subpart Ba
compared with the 9 months provided in subpart B will better
accommodate the process required by states and the EPA to develop plans
to effectuate the applicable EG. Under the proposed state plan
submission timeframe, the costs of developing the plans may be spread
over 6 additional months. These additional 6 months also provide for
the time needed by states to meet the proposed requirements associated
with meaningful engagement and RULOF. As discussed in sections III.A.1
and III.A.3 of this preamble, the EPA does not interpret the ALA
court's direction to require a quantitative measure of impact, but
rather consideration of the importance of the public health and welfare
goals when determining appropriate deadlines for implementation of
regulations under CAA section 111(d). In proposing the state plan
submittal timeline, the EPA is allowing states sufficient time to
develop feasible implementation plans for their designated facilities
that adequately address public health and environmental objectives. By
allowing sufficient time for states to develop their state plans, the
EPA has considered the importance of the public health and welfare
goals as the proposed state planning process timing ultimately helps
ensure timelier implementation of an EG, and therefore achievement of
actual emission reductions, than would an unattainable deadline that
may result in the failure of states to submit plans and require the
development and implementation of a Federal plan. In addition, a
successful submittal of approvable state plans will avoid an attendant
expenditure of Federal resources associated with the development of a
Federal plan.
    As described in detail in sections III.A.3 and III.A.4 of this
preamble, the EPA is proposing 12 months for the EPA to take final
action on a state plan after a submission is found to be complete and
12 months for the EPA to promulgate a Federal plan either after the
state plan deadline, if a state has failed to submit a complete plan,
or after the EPA's disapproval of a state plan submission. The EPA is
further proposing to streamline the timeframe for the EPA's
determination of completeness on a state plan submission from six
months to 60 days from receipt of the state plan submission (see
section III.A.2 of this preamble). As described in detail in section
III of this preamble, because these proposed timeframes provide for the
administrative time reasonably necessary for EPA to accomplish such
actions in an expeditious manner, the EPA expects these timeframes will
minimize the impacts on public health and welfare while ensuring that
an EG is expeditiously implemented.
    As described in detail in section III.A.5 of this preamble, the EPA
is proposing to require that state plans include increments of progress
if the plan requires final compliance with standards of performance
later than 16 months after the plan submission deadline. The EPA
expects the additional time of 4 months provided in the proposed
amendments, compared to the requirement in subpart B, provides a
reasonable time period for owners or operators of designated facilities
to initiate actions associated with the increments of progress, thus
ensuring a successful implementation of the increments of progress. Any
specific requirements associated with increments of progress would be
included in the EG, as these are dependent on the source type,
pollutant, and control strategy addressed.
    The EPA is also proposing amendments to subpart Ba to enhance
requirements for reasonable notice and opportunity for public
participation. In particular, the EPA is proposing to require that
states, as part of the state plan development or revision process or if
invoking RULOF provisions, undertake outreach and meaningful engagement
with a broad range of pertinent stakeholders. Pertinent stakeholders
include communities most affected by and vulnerable to the impacts of
the plan or plan revision (see section III.C of this preamble).
    Overall, the EPA expects these amendments will benefit the states
in the development of approvable state plans. The EPA expects that the
proposed requirements associated with meaningful engagement with
pertinent stakeholders and RULOF would potentially increase the amount
of information the states can use in designing standards, which may
increase both the level of resources states will need to employ in the
development of an approvable plan, as well as the resulting health and
welfare benefits of the standards. At the same time, there are benefits
of engaging with stakeholders and receiving pertinent information as a
state plan is being developed. Such engagement may improve the record
for the state's plan and reduce the amount of comments received when
the state plan is proposed to the public, which would reduce the amount
of effort employed after proposal to address issues raised by the
public and stakeholders.
    There is a lot of variation and uncertainty in determining the
magnitude of impacts, both to states and the public, resulting from
amendments associated with meaningful engagement in any particular EG.
The impacts of conducting meaningful engagement will be highly
dependent on the number and location of designated facilities addressed
by an EG, as well as on the type of health or environmental impacts of
the associated emissions. If stakeholder and public involvement
required by the proposed amendments does not generate a large number of
specific and unique comments, data, or other considerations, then the
level of effort states will employ to review them will be lower in
comparison to when meaningful engagement comments are voluminous. Also,
to the extent that states already employ significant engagement with
pertinent stakeholders, the proposed meaningful engagement amendments
would not result in additional costs, while other states that do not
have engagement procedures already in place may be required to increase
their level of effort to engage with pertinent stakeholders. The burden
and benefits of meaningful engagement for the pertinent stakeholders
will also be highly dependent on the EG and associated variables such
as, but not limited to, the geographical distribution of the facilities
and communities impacted, available modes of participation for those
areas, the pollutants addressed, and the range of options available to
the state and facilities for meeting the EG standards. The burden and
benefits to pertinent stakeholders may be difficult to quantify, but
overall, their engagement will be voluntary and is anticipated to
result in feedback that may improve the resulting health and welfare
benefits of the standards as perceived and experienced, particularly by
those in communities most affected by and vulnerable to the impacts of
the plan.
    The EPA is proposing revisions to the RULOF provision in subpart
Ba. The amendments included in this proposed action are intended to
provide clarity and consistency for states and the EPA in considering
RULOF when applying standards of performance to individual sources,
while still fulfilling the statutory purpose of CAA section 111(d) (see
section III.E of this preamble).
    The magnitude of impacts, both to states and the public, resulting
from amendments associated with the

proposed RULOF amendments, will vary depending on the particular EG to
which the proposed provisions would apply. If a state does not invoke
RULOF in their state plan, then the proposed amendments will not result
in additional costs. If a state does invoke RULOF in their state plan,
then the proposed amendments could result in an increased level of
effort to develop standards of performance for certain sources. As
such, the EPA expects the RULOF proposed amendments will potentially
increase the level of resources states will need to employ in the
development of an approvable plan. However, because the proposed
amendments clarify what the EPA considers to be a satisfactory plan,
the amendments would reduce the uncertainty of states and designated
facilities in the development of such standards. This in turn could
result in a decrease in the amount of time that a state that wished to
invoke RULOF would need, relative to a situation where the requirements
were less defined, by avoiding significant back and forth with EPA and
the sources in the state during state plan development. Overall, the
EPA expects the RULOF amendments will benefit the states in the
development of approvable state plans and in the resulting benefits to
public health and welfare.
    Finally, the EPA expects proposed amendments for electronic
submittal and for the availability of optional regulatory mechanisms
will improve flexibility and efficiency in the call for and submission,
review, approval, and implementation of state plans, and thus will
overall result in benefits to the states, EPA, designated facilities,
and public health and welfare. In addition, the EPA expects the
proposed amendments for electronic submittal will increase the ease and
efficiency of data submittal and data accessibility and benefit the
states and EPA. Electronic submittal will also improve the Agency's
efficiency and effectiveness in the receipt and review of state plans.
    While specific analysis of cost and benefit impacts will be
addressed through individual EGs and associated notice and comment
rulemaking, we request comments throughout this preamble more generally
on the potential impacts associated with the amendments to subpart Ba
being proposed in this action.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the Paperwork Reduction Act. The requirements in subpart Ba do not
themselves require any reporting and recordkeeping activities, and no
Information Collection Request (ICR) was submitted in connection with
the original promulgation of the Ba subpart or the amendments we are
proposing at this time. Any recordkeeping and reporting requirements
are imposed only through the incorporation of specific elements of the
Ba in the individual Emission Guidelines, which have their own ICRs.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities. This proposed rule
will not impose any requirements on small entities. Specifically, this
action addresses processes related to state plans for implementation of
EGs established under CAA section 111(d).

D. 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. This proposed
action does not contain a Federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate or the private sector in any 1 year.
    This proposed action is also not subject to the requirements of
section 203 of UMRA because, as described in 2 U.S.C. 1531-38, it
contains no regulatory requirements that might significantly or
uniquely affect small governments. This action imposes no enforceable
duty on any local, or tribal governments or the private sector.
However, this action imposes enforceable duties on states. This action
does not meaningfully require additional mandates on states beyond what
is already required of them and will not impose a burden in excess of
$100 million.

E. 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. The EPA
believes, however, that this action may be of significant interest to
state governments.
    Subpart Ba requirements apply to states in the development and
submittal of state plans pursuant to emission guidelines promulgated
under CAA section 111(d) after July 8, 2019, to the extent that an EG
does not supersede the requirements of subpart Ba. This action proposes
amendments to certain requirements for development, submission, and
approval processes of state plans under CAA section 111(d). In
particular, the proposed amendments associated to state plan submission
deadlines, RULOF provisions, meaningful engagement, and regulatory
mechanisms may be of significant interest to state governments. In
section IV.A. of this preamble, the EPA describes the potential impacts
of the implementation of the amendments to subpart Ba being proposed in
this action. Overall, the EPA expects these amendments will benefit the
states in the development of approvable state plans.
    The EPA notes that notice and comment procedures required for the
promulgation of individual EGs will provide opportunity for states to
address issues related to federalism based on specific application of
subpart Ba requirements to that particular EG.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It would not impose substantial direct
compliance costs on tribal governments that have designated facilities
located in their area of Indian country. Tribes are not required to
develop plans to implement the guidelines under CAA section 111(d) for
designated facilities. This action also will not have substantial
direct costs or impacts 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, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to the action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it will
not have a significant adverse effect on the supply, distribution or
use of energy. Specifically, this action addresses the submission and
adoption of state plans for implementation of EGs established under CAA
section 111(d).

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA believes that this action will advance protection for these
communities by specifying requirements for balanced stakeholder
outreach and meaningful public engagement as described in section III.C
and section III.E.8 of this action.

K. Determination Under Section CAA 307(d)

    Pursuant to CAA section 307(d)(1)(V), the Administrator determines
that this action is subject to the provisions of CAA section 307(d).
Section 307(d)(1)(V) of the CAA provides that the provisions of CAA
section 307(d) apply to ``such other actions as the Administrator may
determine.''

Michael S. Regan,
Administrator.
[FR Doc. 2022-27557 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Notices]
[Pages 14022-14023]
[FR Doc No: 2014-05303]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-85-000]

Equitrans, L.P.; Notice of Application

    Take notice that on February 18, 2014 Equitrans, L.P. (Equitrans),
at 625 Liberty Avenue, Suite 1700, Pittsburgh, Pennsylvania 15222,
filed an application in Docket No. CP14-85-000 pursuant to section 7(b)
of the Natural Gas Act (NGA) and Part 157 of the Commission's
regulations to abandon certain gathering facilities located in West
Virginia. Specifically, Equitrans proposes to abandon approximately 4.5
miles of the certificated M-90 gathering line and any appurtenant
facilities located in Tyler and Doddridge Counties, West Virginia.
Equitrans states will not affect its ability to render jurisdictional
services, all as more fully set forth in the application, which is on
file with the Commission and open to public inspection. This filing is
accessible on-line at http://www.ferc.gov, using the ``eLibrary'' link
and is available for review in the Commission's Public Reference Room
in Washington, DC. There is an ``eSubscription'' link on the Web site
that enables subscribers to receive email notification when a document
is added to a subscribed docket(s). For assistance with any FERC Online
service, please email<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Any questions regarding this application should be directed to Paul
W. Diehl, Senior Counsel--Midstream, EQT Corporation, 625 Liberty Ave.,
Suite 1700, Pittsburgh, Pennsylvania, or by calling<PHONE_NUMBER>
(telephone), or fax<PHONE_NUMBER>, or email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's

environmental mailing list, will receive copies of the environmental
documents, and will be notified of meetings associated with the
Commission's environmental review process. Environmental commentors
will not be required to serve copies of filed documents on all other
parties. However, the non-party commentors will not receive copies of
all documents filed by other parties or issued by the Commission
(except for the mailing of environmental documents issued by the
Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on March 26, 2014.

    Dated: March 5, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-05303 Filed 3-11-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Page 44372]
[FR Doc No: 2015-18268]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4227-DR; Docket ID FEMA-2015-0002]

Wyoming; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Wyoming (FEMA-4227-DR), dated July 7, 2015, and
related determinations.

DATES: Effective Date: July 15, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Wyoming is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 7, 2015.

    Albany and Platte Counties for Public Assistance.
    Johnson and Niobrara Counties for Public Assistance (already
designated for Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-18268 Filed 7-24-15; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: August 16, 2010 (Volume 75, Number 157)]
[Notices]
[Page 49923-49925]
[DOCID:fr16au10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 3, 2010.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER06-1409-005; ER06-1408-005; ER06-1407-005; ER06-
1413-005; ER08-577-006; ER08-578-003; ER08-579-007; ER08-1443-003.
    Applicants: Noble Wethersfield Windpark, LLC, Noble Chateaugay
Windpark, LLC, Noble Bellmont Windpark, LLC, Noble Ellenburg Windpark,
LLC, Noble Bliss Windpark, LLC, Noble Clinton Windpark I, LLC, Noble
Altona Windpark, LLC, Noble Great Plains Windpark, LLC.
    Description: Noble Wethersfield Windpark, LLC, et al. submits
amended Quarterly Land Acquisition Report for the third quarter of
2009.
    Filed Date: 07/30/2010.
    Accession Number: 20100730-5262.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-1262-001.
    Applicants: The Detroit Edison Company.
    Description: The Detroit Edison Company submits its baseline
tariff, FERC Electric Tariff Volume No 4, Compliance Filing, to be
effective 5/17/2010.
    Filed Date: 08/03/2010.
    Accession Number: 20100803-5016.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: ER10-2068-001.
    Applicants: Delaware City Refining Company LLC.
    Description: Delaware City Refining Company LLC submits tariff
filing per 35.17(b): Correction to Change-in-Status Notification Record
Content to be effective 10/1/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5101.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2076-001.
    Applicants: Kansas City Power & Light Company.
    Description: Kansas City Power & Light Company submits tariff
filing per 35: KCP&L OATT Baseline Compliance to be effective 7/30/
2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5109.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2078-001.
    Applicants: White Oak Energy LLC.
    Description: White Oak Energy LLC submits tariff filing per
35.17(b): Supplement to Initial Market-Based Rate Application to be
effective 11/10/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5075.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2089-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits the
Standard Large Generator Interconnection Agreement with Solar Partners
II, LLC et al, to be effective 8/3/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5086.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2090-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 08-02-10 CONE recalculation to be
effective 6/1/2011.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5100.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2091-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: TOT LGIA SA 85 N 080210 to be effective 8/
3/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5115.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2092-000.
    Applicants: Boralex Ashland LP.
    Description: Boralex Ashland LP submits tariff filing per 35.12:
Boralex Ashland LP Baseline Filing to be effective 8/3/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5124.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2093-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Wolverine Power Supply Cooperative, Inc. submits
tariff filing per 35.12: Refile Baseline Tariff Filing of Rate for
Reactive Supply Service to be effective 8/2/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5132.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2094-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii) 1166R11 Oklahoma Municipal Power Authority NITSA and
NOA to be effective 7/30/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5140.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2095-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii) 1154R5 Associated Electric Cooperative NITSA and NOA
to be effective 7/30/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5141.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2096-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii) 607R10 Westar Energy NITSA and NOA to be effective 7/
30/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5142.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2097-000.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: KCP&L Greater Missouri Operations Company submits
tariff filing per 35.12: KCP&L-GMO Baseline Filing (Market-Based Volume
28) to be effective 8/2/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5172.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2098-000.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: KCP&L Greater Missouri Operations Company submits
tariff filing per 35.12: GMO Volume 33 (Cost-Based) Baseline Filing to
be effective 8/2/2010.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-5174.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2099-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Full Requirements Electric Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0222.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2100-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Wholesale Distribution Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0223.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2101-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Full Requirements Electric Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0224.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2102-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Wholesale Distribution Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0225.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2103-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an executed
Wholesale Distribution Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0226.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2104-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Wholesale Distribution Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0227.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2105-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Full Requirements Electric Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0228.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2106-000.
    Applicants: The Empire District Electric Company.
    Description: Empire District Electric Company submits an unexecuted
Full Requirements Electric Service Agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0229.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2107-000.
    Applicants: Nevada Power Company.
    Description: NV Energy, Inc. submits an application for two Cost-
Based Rate Schedules.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0230.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2108-000.
    Applicants: Heritage Stoney Corners Wind Farm I, LLC.
    Description: Gray PLLC submits an application of Heritage Stoney
Corners Wind Farm I, LLC et al. for Market-Based Rate Authority.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0231.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2109-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection submits an executed interim
interconnection service agreement.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0232.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2111-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits proposed revisions
to its Open Acess Transmission Tariff etc.
    Filed Date: 08/02/2010.
    Accession Number: 20100802-0236.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-2112-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits tariff filing per 35.12: Rate
Schedule 10 Baseline to be effective 8/3/2010.
    Filed Date: 08/03/2010.
    Accession Number: 20100803-5032.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: ER10-2113-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits tariff filing per
35.13(a)(2)(iii): Rate Schedule 10 to be effective 8/3/2010.
    Filed Date: 08/03/2010.
    Accession Number: 20100803-5037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: ER10-2114-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): Letter Agreement Coram Energy N 080310 to
be effective 7/9/2010.
    Filed Date: 08/03/2010.
    Accession Number: 20100803-5071.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA10-2-000.
    Applicants: Order 697-C 2010 2nd Qtr Site Acquisition.
    Description: Westar Energy, Inc., et al. submits Quarterly Land
Acquisition Report for Second Quarter 2010.
    Filed Date: 07/27/2010.
    Accession Number: 20100727-5160.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 17, 2010.

    Docket Numbers: LA10-2-000.
    Applicants: Order 697-C 2010 2nd Qtr Site Acquisition.
    Description: Notice of Change in Status of Ridge Crest Wind
Partners, LLC, et. al.
    Filed Date: 08/02/2010.

    Accession Number: 20100802-5191.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-20134 Filed 8-13-10; 8:45 am]
BILLING CODE 6717-01-P


Dear Ms. Fairchild:

Please find attached a letter from NAIMA setting forth work practices designed to reduce emissions during startup and shutdown of cupolas  within the mineral wool insulation industry.  As indicated in the attached letter, please do not hesitate to contact me with additional questions or clarifications.

Sincerely,

Angus E. Crane
Executive Vice President, General Counsel
North American Insulation Manufacturers Association
Ph:<PHONE_NUMBER> ext. 123
Fax:<PHONE_NUMBER>

Visit NAIMA online at:
www.NAIMA.org
www.PipeInsulation.org


[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28099-28101]
[FR Doc No: 2021-11024]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0289; FRL-10024-34-OAR]

Notice of Data Availability Relevant To Petition Submissions
Under the American Innovation and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: This Notice of Data Availability is to alert stakeholders of
petitions submitted to the Environmental Protection Agency under
subsection (i) of the American Innovation and Manufacturing Act of
2020, and to provide notice of a new docket where these petitions and
others submitted under subsection (i) will be made publicly available.
The docket will provide the public the opportunity to view petitions
submitted under this subsection and to submit any supplemental relevant
data to the petitions. The Agency may consider relevant information
submitted to the docket in its determinations of whether to grant or
deny subsection (i) petitions.

DATES: The Environmental Protection Agency (EPA) is interested in
receiving comments on the data in this notice of data availability
(NODA) to inform the Agency's regulatory process. To ensure that your
supplemental data may be considered in upcoming EPA determinations
regarding petitions received on April 13, 2021, please submit
information to the Agency by June 8, 2021.

ADDRESSES: You may send data identified by Docket ID No. EPA-HQ-OAR-
2021-0289, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this notice. Data received may be posted without change to
https://www.regulations.gov/, including any personal information
provided. Out of an abundance of caution for members of the public and
our staff, the EPA Docket Center and Reading Room are closed to the
public, with limited exceptions, to reduce the risk of transmitting
COVID-19. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform. We encourage the public
to submit data via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joshua Shodeinde, U.S. Environmental
Protection Agency, Stratospheric Protection Division, telephone number:
202-564-7037; or email address<EMAIL_ADDRESS>You may also
visit EPA's website at https://www.epa.gov/climate-hfcs-reduction for
further information.

SUPPLEMENTARY INFORMATION:

I. What should I consider as I prepare my submissions?

    You may find the following suggestions helpful for preparing
supplemental information: Explain your views as clearly as possible;
describe any assumptions that you used; provide any technical
information or data you used that support your views; provide specific
examples to illustrate your concerns; offer alternatives; and make sure
to submit your data by the deadline specified. Please provide any
published studies or raw data supporting your position. Confidential
Business Information (CBI) should not be submitted through
www.regulations.gov. Please work with the person listed in the FOR
FURTHER INFORMATION CONTACT section if submitting any information
containing CBI.

II. Background

    Subsection (i) of the American Innovation and Manufacturing Act of
2020 (AIM Act or Act),\1\ entitled ``Technology Transitions,'' provides
that a person may petition the Administrator to promulgate a rule for
the restriction on use of a regulated substance \2\ in a sector or
subsector. Once EPA receives a petition under this subsection, the AIM
Act directs the Agency to make petitions publicly available within 30
days of receipt, and to grant or deny the petition within 180 days of
receipt.
---------------------------------------------------------------------------

    \1\ The AIM Act was enacted as section 103 in Division S,
Innovation for the Environment, of the Consolidated Appropriations
Act, 2021 (Pub. L. 116-260).
    \2\ The Act lists 18 saturated hydrofluorocarbons (HFCs), and by
reference their isomers not so listed, that are covered by the
statute's provisions, referred to as ``regulated substances'' under
the Act. For the statutory list of regulated substances, refer to
subsection (c)(1) of the AIM Act.
---------------------------------------------------------------------------

    On April 13, 2021, the Agency received five petitions under
subsection (i) of the AIM Act. We have established the docket to this
notice to make these petitions publicly available, and to post letters
of support and other submitted material for public accessibility. Table
1 below lists the petitions received by EPA on April 13, 2021, and each
petition's docket document ID number. Going forward, EPA intends to
also use this docket to post petitions and other relevant information
submitted under subsection (i) of the AIM Act.

       Table 1--List of Petitioners and Petition Docket ID Number
------------------------------------------------------------------------
          Petitioner                        Docket ID Number
------------------------------------------------------------------------
Association of Home Appliance  EPA-HQ-OAR-2021-0289-0005.
 Manufacturers (AHAM).
Environmental Investigation    EPA-HQ-OAR-2021-0289-0006.
 Agency (EIA).
Natural Resources Defense      EPA-HQ-OAR-2021-0289-0007.
 Council (NRDC), Colorado
 Department of Public Health
 & Environment (CDPHE), and
 Institute for Governance &
 Sustainable Development
 (IGSD).
Air Conditioning, Heating,     EPA-HQ-OAR-2021-0289-0011.
 and Refrigeration Institute
 (AHRI).
Air Conditioning, Heating,     EPA-HQ-OAR-2021-0289-0012.
 and Refrigeration Institute
 (AHRI).
------------------------------------------------------------------------

    Although not required under the statute, EPA welcomes additional
data and relevant material to aid in its evaluation of petitions, based
on the factors identified in the next section of this notice of data
availability (NODA) and specified in subsection (i) of the AIM Act.
Stakeholders should note that EPA is not soliciting information on any
topic other than the posted petitions under subsection (i) through this
notice. Public submissions that pertain to issues beyond the scope of
this NODA will not be considered.

III. What information does EPA consider when making a determination on
a petition?

    Subsection (i) of the AIM Act identifies certain factors for the
Agency to consider when making a determination to grant or deny a
petition. Specifically, subsection (i)(4) of the Act requires EPA to
factor in, to the extent practicable:
    (1) The best available data;
    (2) the availability of substitutes for use of the regulated
substance that is the subject of the petition, in a sector or
subsector, taking into account technological achievability, commercial
demands, affordability for residential and small business consumers,
safety, consumer costs, building codes, appliance efficiency standards,
contractor training costs, and other relevant factors, including the
quantities of regulated substances available from reclaiming, prior
production, or prior import;
    (3) overall economic costs and environmental impacts, as compared
to historical trends; and
    (4) the remaining phase-down period for regulated substances under
the final rule issued under subsection (e)(3) of the AIM Act, if
applicable.
    EPA invites relevant data related to the factors listed above for
the petitions posted in the docket.\3\ Any information submitted in
response to this NODA should include the name of the petitioner(s) and
the petition document ID number.
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    \3\ Subsection (i)(5) of the AIM Act further states that, in
carrying out subsection (i), the Agency shall ``evaluate substitutes
for regulated substances in a sector or subsector, taking into
account technological achievability, commercial demands, safety,
overall economic costs and environmental impacts, and other relevant
factors.''
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    Subsequent petitions received by the Agency under subsection (i)
will also be posted in this docket within 30 days of receipt, as well
as on the Agency's website at www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act. Interested entities may sign up to receive
notification when new petitions are posted by following the
instructions at this website. EPA invites relevant information
regarding those petitions from the public to be submitted to the docket
by the deadline provided on the website.

IV. What happens after EPA makes a determination on a petition?

    Where the Agency grants a petition submitted under subsection (i)
of the AIM Act, the statute requires EPA to promulgate a final rule not
later than two years from the date the Agency grants the petition. Per
subsection (i)(1) of the AIM Act, EPA may issue rules that ``restrict,
fully, partially, or on a graduated schedule,'' the use of a regulated
substance in the sector or subsector in which the regulated substance
is used. The Act establishes that no rule developed under subsection
(i) may take effect earlier than one year after the rule promulgation
date. In addition, prior to issuing a proposed rule under subsection
(i), EPA must consider negotiating with stakeholders

in the sector or subsector in accordance with negotiated rulemaking
procedures.\4\ If the Agency decides not to undergo a negotiated
rulemaking, the AIM Act requires the Agency to publish an explanation
of its decision not to use that procedure.
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    \4\ The negotiated rulemaking procedure is provided under
subchapter III of chapter 5 of title 5, United States Code (commonly
known as the ``Negotiated Rulemaking Act of 1990'').
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    For petitions which have been denied, the Agency will publish in
the Federal Register an explanation of the denial.

Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2021-11024 Filed 5-24-21; 8:45 am]
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[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Page 32695]
[FR Doc No: 2013-13030]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register CITATION OF PREVIOUS ANNOUNCEMENT:  [78 FR 101,
Friday, May 24, 2013].

STATUS:  Closed Meeting.

PLACE:  100 F Street NE., Washington, DC

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING:  Thursday, May 30, 2013
at 2:00 p.m.

CHANGE IN THE MEETING:  Time Change.
    The Closed Meeting scheduled for Thursday, May 30, 2013 at 2:00
p.m. has been changed to Thursday, May 30, 2012 at 1:00 p.m.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

     Dated: May 29, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-13030 Filed 5-29-13; 4:15 pm]
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