[Federal Register: August 28, 2006 (Volume 71, Number 166)]
[Notices]
[Page 50963-50964]
[DOCID:fr28au06-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54337; File No. SR-NYSE-2006-49]

 Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Relating
to Amending Rule 123D (Openings and Halts in Trading) To Shorten the
Minimum Required Time Periods Between Tape Indications and Openings and
Between Halts or ``Equipment Changeovers'' and Reopenings

August 21, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 30, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the NYSE. On August
14, 2006, the Exchange submitted Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice to solicit comments
on the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, NYSE made minor revisions to the
proposed rule text and clarified that all market participants may
react to published price indications.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend NYSE Rules 123D and 15 to
shorten the minimum time periods between tape indications and openings
or reopenings of a security and after an ``Equipment Changeover.'' \4\
The text of the proposed rule change, as amended, is available on the
NYSE's Web site at http://www.nyse.com, the principal office of the

NYSE, and at the Commission's Public Reference Room.
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    \4\ See Exchange Rule 123D(2).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Exchange specialists are responsible for ensuring that their
specialty securities open for trading as close to the opening bell as
possible, and reopen for trading after a trading halt as soon as
possible, consistent with the relevant circumstances. In addition to
being timely, however, openings and reopenings after a trading halt
should also be fair and orderly, reflecting a professional assessment
of market conditions at the time and appropriate consideration of the
balance of supply and demand as reflected by orders represented in the
market.
    Ordinarily, the specialist provides this information to the market
before the opening bell in the form of price indications that are
published on the consolidated tape. However, under certain
circumstances, including a delayed opening of a security and the
reopening of trading in a security after a trading halt, the specialist
may be required to publish a price indication to the market that
reflects the specialist's assessment of market conditions at the time
of the delayed opening or reopening to provide market participants with
the opportunity to react and participate as they deem appropriate.
    Over the years, in developing procedures for openings and
reopenings of trading, the Exchange has focused on providing a balance
between timeliness and appropriateness of price, i.e., achieving a
price that reflects market conditions at the time, and giving investors
a reasonable opportunity to react and participate. The Exchange's
current rules require minimum time periods as long as ten minutes
between a specialist's dissemination of a price indication and the
delayed opening or reopening of trading.\5\
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    \5\ See Exchange Rule 123D.
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    Recognizing that the speed of communication has increased
exponentially in the last decade and that market conditions may change
substantially between the indication and the opening or resumption of
trading under the time frames included in the current rule, the
Exchange believes it is desirable to shorten the time between
indications and the opening or reopening of trading in a security. The
Exchange believes shortening the time periods would provide the market
with the flexibility to react quickly if circumstances are such that it
would be appropriate to open or reopen trading in a short period of
time. Accordingly, the Exchange is proposing to revise the minimum time
required for delayed openings of trading and reopenings of trading
after a trading halt.
    In connection with a delayed opening of trading in a security,
Exchange Rule 123D (Openings and Halts in Trading) currently requires a
minimum of ten minutes to elapse between the first price indication and
the opening of the stock, and where there is more than one indication,
a minimum of five minutes to elapse after the last indication, provided
in all cases that at least ten minutes have elapsed since the first
indication. The Exchange proposes that these minimum time periods be
compressed from ten to three minutes after the first indication, and to
one minute after the last indication, provided that a minimum of three
minutes have elapsed since the first indication.
    With respect to the reopening of trading after a stock has been
halted during the trading day, Exchange Rule 123D currently requires a
minimum of five minutes to elapse between the first indication and the
reopening of trading, and a minimum of three minutes to elapse after
the last indication, provided that at least five minutes has elapsed
since the first indication. The Exchange proposes that these minimum
time periods be compressed to three minutes after the first indication,
and to one minute after the last indication, provided that a minimum of
three minutes has elapsed since the first indication.
    With respect to the reopening of trading after a stock has been
halted during the trading day because of ``Equipment Changeover,''
Exchange Rule 123D currently requires a minimum of five minutes to
elapse before trading resumes. Further, if, during the ``Equipment
Changeover'' trading halt, a significant order imbalance (i.e., one
which would result in a price change from the last sale of one point or
more for stocks under $10, the lesser of 10% or three points for stocks
between $10-$99.99 and five points for stocks $100 or more--unless a
Floor Governor deems circumstances warrant a lower parameter) develops
or a regulatory condition occurs, the nature of the halt will be
changed and notice must be disseminated and trading

cannot resume until ten minutes after the first indication of the new
halt condition. The Exchange proposes that these minimum time periods
be compressed to one minute after an ``Equipment Changeover'' and to
three minutes after an ``Equipment Changeover'' during which a
significant order imbalance or regulatory condition develops.
    The Exchange notes that there are different indication requirements
for different classes of securities, such as foreign-listed securities
and convertible preferred stock. The proposed amendments to Exchange
Rule 123D do not alter those requirements.
    The Exchange also proposes that the same minimum time period
changes be added to a related rule, Exchange Rule 15 (ITS and Pre-
Opening Applications), in order to conform Exchange Rule 15 to the
recently amended Intermarket Trading System Plan. Specifically, the
Exchange proposes to amend Exchange Rule 15 to require that, when more
than one indication is disseminated, a stock may reopen one minute
after the last indication if three minutes have elapsed after the first
indication.
    The Exchange also notes that the Consolidated Tape Association Plan
has been amended to provide that following a trading halt, last sale
information will be disseminated pursuant to a listing market's rules
and Exchange Rule 123D for Exchange-listed securities.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the NYSE consents, the Commission will:
    A. By order approve such proposed rule change, as amended; or
    B. Institute proceedings to determine whether the proposed rule
change, as amended, should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2006-49. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-NYSE-2006-49 and should be submitted on or before
September 18, 2006.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
[FR Doc. E6-14198 Filed 8-25-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Proposed Rules]
[Pages 43836-43841]
[FR Doc No: 2018-18524]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0633; FRL-9982-79--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revisions to Regulation for Control of Ozone Season
Nitrogen Oxide Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve two state implementation plan (SIP) revisions submitted by the
State of West Virginia. The revisions pertain to a West Virginia
regulation that established the nitrogen oxides (NOX) ozone
season trading program under the Clean Air Interstate Rule (CAIR),
which implemented requirements for NOX reductions necessary
to reduce interstate transport of pollution. The EPA-administered
trading programs under CAIR were discontinued upon the implementation
of the Cross-State Air Pollution Rule (CSAPR), which was promulgated by
EPA to replace CAIR. CSAPR established federal implementation plans
(FIPs) for 28 states, including West Virginia, and applied to electric
generating units (EGUs) as defined. The SIP submittals are comprised of
revisions to the West Virginia regulation that implemented the CAIR
ozone season NOX trading program and that had previously
been included in the West Virginia SIP. The revised West Virginia
regulation removed the CAIR ozone season NOX trading program
provisions, which also addressed certain large non-electric generating
units (non-EGUs), established new requirements for these large non-
EGUs, included a state-wide NOX emissions cap, and
recodified certain other provisions that address the NOX
emission reductions required for cement kilns and internal combustion
engines. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 27,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017- 0633 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
email at po[email protected].

SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West
Virginia, through the West Virginia Department of Environmental
Protection (WVDEP), submitted a revised version of West Virginia
Regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions
for inclusion in the West Virginia SIP. The revised 45CSR40 made the
following changes--(1) removed the provisions that implemented the CAIR
ozone season trading program, (2) added new requirements to address the
NOX reduction obligations for non-EGUs in the State that
were trading under the CAIR ozone season trading program but are no
longer part of a trading program, and (3) recodified the requirements
that applied to cement kilns and internal combustion engines. On
October 13, 2017, WVDEP provided a supplemental SIP submission
comprised of a demonstration showing that NOX emissions from
applicable non-EGUs do not exceed the West Virginia NOX
budget under the NOX SIP Call.

I. Background

    On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone''--commonly called the NOX SIP Call. The

NOX SIP Call was designed to mitigate significant transport
of NOX, one of the precursors of ozone. EPA developed the
NOX Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NOX SIP Call. The NOX Budget Trading Program
allowed EGUs greater than 25 megawatts and industrial non-electric
generating units, such as boilers and turbines, with a rated heat input
greater than 250 million British thermal units per hour (MMBtu/hr),
referred to as ``large non-EGUs'', to participate in a regional
NOX cap and trade program. The NOX SIP call also
established NOX reduction requirements for other non-EGUs,
including cement kilns and stationary internal combustion (IC) engines.
EPA has implementing regulations for the NOX SIP Call at 40
CFR 51.121.
    On May 12, 2005, 70 FR 25162, EPA promulgated CAIR to address
transported emissions that significantly contributed to downwind
states' nonattainment and maintenance of the 1997 ozone and fine
particulate matter (PM2.5) national ambient air quality
standards (NAAQS). CAIR required 28 states, including West Virginia, to
reduce emissions of NOX and sulfur dioxide (SO2),
which are precursors to ozone and PM2.5. Under CAIR, EPA
established separate cap and trade programs for annual NOX,
ozone season NOX, and annual SO2 emissions. On
April 28, 2006 (71 FR 25328), EPA also promulgated FIPs requiring the
EGUs in each affected state, but not large non-EGUs, to participate in
the CAIR trading programs. States could comply with the requirements of
CAIR by either remaining on the FIP, which applied only to EGUs, or by
submitting a CAIR SIP revision that included as trading sources EGUs
and the non-EGUs that formerly traded in the NOX Budget
Trading Program under the NOX SIP Call. EPA discontinued
administration of the NOX Budget Trading Program in 2009
upon the start of the CAIR trading programs.\1\ The NOX SIP
Call requirements continued to apply, however, and EGUs that were
formerly trading under the NOX Budget Trading Program
continued to meet their NOX SIP Call requirements under the
generally more stringent requirements of the CAIR ozone season trading
program. Large non-EGUs that were trading under the NOX
Budget Trading Program were not addressed in the CAIR FIPs. States
therefore needed to assess their NOX SIP Call requirements
and take other regulatory action as necessary to ensure that their
obligations for the large non-EGUs continued to be met. Under CAIR,
states had the option to include the non-EGUs as trading participants
in the regional CAIR ozone season trading program either through a full
CAIR SIP or through an abbreviated CAIR SIP. In either of these
options, expansion of the applicability to include the non-EGUs and
increasing the ozone season NOX budget by the amount of the
non-EGU budget in 40 CFR part 97 Appendix C of Subpart E effected
inclusion of the non-EGUs into the trading program. Otherwise, states
needed to assess their NOX SIP Call requirements and take
other regulatory action as necessary to ensure that their obligations
for these units continued to be met. West Virginia chose to include the
non-EGUs as CAIR trading sources, and submitted, for inclusion in the
SIP Regulation 45CSR40 which consisted of provisions that implemented
the CAIR NOX ozone season trading program, included the
large non-EGUs as trading sources, and also included emission reduction
requirements for certain non-trading non-EGUs (cement kilns and IC
engines) that were subject to the NOX SIP Call. EPA approved
Regulation 45CSR 40 into the West Virginia SIP on August 4, 2009 (74 FR
38536).
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    \1\ CAIR was subsequently vacated and remanded. See North
Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008), modified by 550 F.3d
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air
Pollution Rule, or CSAPR (76 FR 48208, August 8, 2011), which, after
legal challenges, was implemented starting in January 2015. The
NOX Ozone Season Trading Program under CSAPR was replaced
in West Virginia and most other states by a new trading program for
ozone season NOX under the CSAPR Update rule in January
2017 (81 FR 74504, October 26, 2016).
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    The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008,\2\ but
ultimately remanded the rule to EPA without vacatur to preserve the
environmental benefits provided by CAIR.\3\ The ruling allowed CAIR to
remain in effect temporarily until a replacement rule consistent with
the Court's opinion was developed. While EPA worked on developing a
replacement rule, the CAIR program continued as planned with the
NOX annual and ozone season programs beginning in 2009 and
the SO2 annual program beginning in 2010.
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    \2\ North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008).
    \3\ North Carolina v. EPA, 550 F.3d 1176 (DC Cir. 2008).
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    On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA promulgated CSAPR to replace CAIR and to address the
interstate transport of emissions contributing to nonattainment and
interfering with maintenance of the two air quality standards covered
by CAIR as well as the 2006 PM2.5 NAAQS. The rule also
contained provisions that would sunset CAIR-related obligations on a
schedule coordinated with the implementation of CSAPR compliance
requirements. CSAPR was to become effective January 1, 2012; however,
the timing of CSAPR's implementation was delayed by litigation, and EPA
began implementing CSAPR on January 1, 2015.
    Starting in January 2015, the CSAPR FIP trading programs for annual
NOX, ozone season NOX and annual SO2
were applicable in West Virginia. Thus, since January 1, 2015, the
provisions related to implementation of the CAIR ozone season trading
program in West Virginia regulation 45CSR40 have become obsolete. The
CSAPR FIP trading programs applied only to EGUs and, unlike CAIR, did
not provide for expansion of the ozone season trading program to
include the NOX SIP Call non-EGUs. States, like West
Virginia, whose non-EGUs had previously traded in the CAIR ozone season
trading program, were therefore required to address the non-EGU
reduction requirements of the NOX SIP Call outside of a
regional trading program.\4\
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    \4\ Subsequent to West Virginia's July 13, 2016 submission, EPA
finalized the CSAPR Update Rule to address transport related to the
2008 ozone NAAQS. It is noted that CSAPR Update included flexibility
for states to submit SIPs that expand the CSAPR ozone season trading
program to include the large non-EGUs.
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    On October 26, 2016 (81 FR 74504), EPA finalized the CSAPR Update
Rule to address interstate transport of ozone pollution with respect to
the 2008 ozone NAAQS, and issued FIPs that updated the ozone season
NOX budgets for 22 states, including West Virginia. Starting
in January 2017, the CSAPR Update budgets were implemented via
establishment of a new CSAPR NOX ozone season allowance
trading program that was established under the original CSAPR. The
CSAPR Update Rule reinstates the option for States to allow non-EGUs to
participate in a regional trading program. States wishing to do this
can at any time submit a SIP revision that expands the CSAPR Ozone
Season NOX budget and applicability to include large non-
EGUs.

II. Summary of SIP Revision and EPA Analysis

    Regulation 45CSR40 was originally adopted by WVDEP to implement the
ozone season trading program under CAIR, which included as CAIR trading
sources EGUs and the non-EGUs that had formerly been trading under the
NOX SIP Call trading program. As noted previously, WVDEP
consolidated all the

NOX SIP Call and CAIR ozone season requirements into
45CSR40, including the requirements that apply to stationary IC engines
and cement manufacturing kilns. The CSAPR FIPs which replaced CAIR only
applied to EGUs, and, at the time West Virginia developed its SIP
submittal, states did not have an option under CSAPR to bring their
non-EGUs into the CSAPR NOX Ozone Season Trading Program.
So, while EGU compliance with CSAPR satisfied their NOX SIP
Call requirements, West Virginia needed to modify its ozone season
NOX regulation to address the NOX SIP Call
requirements for the large non-EGUs that were formerly trading in the
CAIR NOX ozone season trading program. 40 CFR 51.121(f) sets
forth alternatives for states to address NOX SIP Call
reduction obligations for non-EGUs including (1) imposing a
NOX mass emissions cap on each source, (2) imposing a
NOX emissions rate limit on each source and assuming maximum
operating capacity for every such source for purposes of estimating
NOX mass emissions, or (3) imposing other regulatory
requirements that the state has demonstrated to EPA provide equivalent
or greater assurance that the state will comply with its ozone season
NOX budget.
    The July 13, 2016 West Virginia SIP submittal includes a modified
45CSR40 which removed the CAIR ozone season trading program provisions,
retained the definitions, applicability, and other provisions
responding to the NOX SIP Call, added new requirements to
address its NOX SIP Call obligations for sources that were
trading under CAIR but are no longer part of a trading program, and
retained and recodified the limits on NOX emissions that
applied to stationary IC engines and cement kilns previously in the
former version of 45CSR40 (with a State effective date of May 1, 2008)
which EPA had included in the West Virginia SIP.

Removal of CAIR Ozone Season Trading Program Requirements

    Former Regulation 45CSR40 (State effective date of May 1, 2008),
which was approved into the West Virginia SIP, was originally adopted
by WVDEP to implement the ozone season trading program under CAIR and
to address NOX SIP Call requirements. The July 13, 2016 SIP
submission (with revised 45CSR40, effective in West Virginia on July 1,
2016) removed all the requirements in sections 1 through 75 that
pertained to the CAIR ozone season trading program, but retained the
general provisions, definitions (including references to continuous
emissions monitoring under 40 CFR part 75, subpart H), and
applicability provisions that applied to the West Virginia regulated
sources under the NOX SIP Call. As the CAIR trading program
has been replaced by the trading programs under CSAPR, as described
previously, these revisions removing references to CAIR are approvable
for CAA 110(l) as the provisions related to CAIR were moot as CAIR was
replaced by CSAPR and thus CAIR no longer yielded reductions in
pollutants nor presently applied to any sources. In addition, sources
formerly subject to CAIR are now subject to the more stringent
NOX and SO2 provisions of CSAPR to which the EGU
sources in West Virginia are subject via a FIP. See 81 FR 74504.

Requirements for Non-EGUs Subject to the NOX SIP Call Formerly Trading
Under CAIR

    New sections 4 through 8 of 45CSR40 (effective July 1, 2016)
established new ozone season NOX requirements for the large
non-EGUs that were formerly trading in the CAIR NOX ozone
season trading program. These requirements are summarized as follows:
    Section 4--Applicability requires the owner or operator of a unit
that has a maximum heat input greater than 250 MMBtu/hr to comply with
the ozone season NOX emission limits, monitoring,
recordkeeping, and reporting requirements established in sections 5 and
6 of 45CSR40. This section also specifically excludes any unit that is
already subject to the federal CSAPR NOX Ozone Season
Trading Program via a FIP.
    Section 5--Ozone Season NOX Emission Limitation requires that an
owner or operator of affected units (see section 4) limit ozone season
NOX emissions pursuant to specific limits established in a
permit issued under West Virginia regulations 45CSR13, 45CSR14, or
45CSR19, or under a consent order issued by the State, including any
limits on operating time during the ozone season.
    Section 6--Monitoring, Recordkeeping and Reporting Requirements
requires continuous emissions monitoring, reporting, and recording in
accordance with 40 CFR part 75, subpart H for the non-EGUs to be used
to determine compliance with the requirements in section 5.
    Section 7--Violation establishes enforcement provisions in the
event a unit emits in excess of its ozone season NOX
emission limitations established via section 5.
    Section 8--Ozone Season NOX Budget Demonstration establishes a
NOX ozone season budget of 2,184 tons for all applicable
units in the State. Subsection 8.2 requires submittal to EPA of a
demonstration showing that the sum of NOX emissions from all
affected units does not exceed the ozone season NOX budget,
based on each unit's permitted limits or consent order limits operating
at maximum capacity (or at the operational limit if required in the
permit or consent order). Subsection 8.3 requires that whenever a new
unit meets the applicability requirements under section 4, the
demonstration is required to be revised to show continuing compliance
with the statewide NOX budget.
    The July 13, 2016 SIP revision submittal did not include the
demonstration required under section 8.2 of 45CSR40. On October 11,
2017, WVDEP submitted a supplemental SIP revision consisting of such
demonstration showing that total ozone season emissions from large non-
EGUs in the State subject to the NOX SIP Call do not exceed
the West Virginia non-EGU ozone season trading budget of 2,184 tons.\5\
The demonstration identifies seven sources that meet the applicability
criteria for large non-EGUs subject to NOX SIP Call
requirements. Table 1 in this proposed rulemaking shows that with these
limits at maximum operating capacity, or at permitted operating time
restrictions if applicable, the total NOX emissions from
these sources subject to the NOX SIP Call are 941 tons,
which is less than 50 percent of the West Virginia ozone season
NOX budget of 2,184 tons.
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    \5\ See 40 CFR part 97, Appendix C of Subpart E for non-EGU
trading budgets for affected states.

                                     Table 1--Total Ozone Season NOX Emissions From Large Non-EGUs in West Virginia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Maximum design   Ozone season
                 Source                         Units (boiler #)          heat input    operating time       NOX emission rate limit       Ozone season
                                                                          (mmBtu/hr)         (hrs)                                           emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appalachian Power Company, John E Amos..  AUX1                                     642             876  0.20 lb/mmBtu...................              56
                                          AUX3                                     600             876  0.20 lb/mmBtu...................              53
Appalachian Power Company, Mountaineer..  AUX1                                     600             876  99.67 pounds per hour (lb/hr)...              44
                                          AUX2                                     600             876  99.67 lb/hr.....................              44
Westlake Chemical, Natrium..............  5                                        999           3,672  0.16 lb/mmBtu...................             293
Chemours Company, Belle.................  10                                       275           3,672  0.20 lb/mmBtu...................             101
Kentucky Power Company, Mitchell........  AUX1                                     663             876  99.45 lb/hr.....................              44
Union Carbide...........................  16                                       350           3,672  .036 lb/mmBtu...................              23
Corporation, Institute..................  17                                       350           3,672  .036 lb/mmBtu...................              23
Union Carbide Corporation, South          26                                       352           3,672  70.4 lb/hr......................             130
 Charleston.
                                          27                                       353           3,672  70.6 lb/hr......................             130
                                         ---------------------------------------------------------------------------------------------------------------
    Total Ozone Season NOX (tons).......  ............................  ..............  ..............  ................................             941
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The October 11, 2017 West Virginia supplemental SIP submission of
an initial demonstration shows that total ozone season NOX
emissions from non-EGUs in the State that are subject to the
NOX SIP Call do not exceed the West Virginia ozone season
budget of 2,184 tons for non-EGUs that the State established in its SIP
in 2002 responding to the NOX SIP Call.\6\ The maximum
potential ozone season NOX emissions of 941 tons based on
permit limits shown in Table 1 for Appalachian Power, Westlake
Chemical, Kentucky Power, and Union Carbide and the Consent Order
limits for Chemours is less than 50 percent of the total West Virginia
NOX budget and leaves 1,245 tons in the budget available for
new units which may at a later date become subject to NOX
SIP Call requirements. Whenever a new unit that meets the applicability
of section 4.1 (and thus is also subject to the NOX SIP
Call) commences operation or an existing unit becomes newly applicable,
West Virginia is required under subsection 8.3 of 45CSR40 to submit a
revised demonstration to EPA that shows continuing compliance with the
state-wide emissions cap of 2,184 tons. EPA finds West Virginia's
revised provisions in 45CSR40 meet requirements for NOX SIP
Call in CAA (including section 110) and 40 CFR 51.121 for the large non
EGUs.
---------------------------------------------------------------------------

    \6\ See 67 FR 31733, 31735 (May 10, 2002). EPA notes that the
non-EGU budget amount adopted by West Virginia in its NOX
Budget Trading Program regulations matches the budget amount
separately established for the state's non-EGUs under a different
federal rule promulgated contemporaneously with the NOX
SIP Call pursuant to CAA section 126. See 40 CFR part 97, subpart E,
appendix C.
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Recodification of Previously SIP-Approved Provisions

    The previously SIP-approved section 90 of 45CSR40 (effective 200x)
entitled Ozone Season NOX Reduction Requirements for Stationary
Internal Combustion Engines has been recodified as section 9. Other
than revisions to cross referencing necessitated by the recodification
and removal of references to the CAIR program, the provisions in
section 9 which were formerly in section 90 are unchanged and include
the same ozone season NOX caps for affected sources and
compliance requirements including a compliance plan, monitoring,
recordkeeping, and reporting requirements for IC engines as was in the
regulation when EPA previously approved 45CSR40 for the West Virginia
SIP.
    Similarly, section 100 of 45CSR40 entitled Ozone Season NOX
Reduction Requirements for Emissions of NOX from Cement Manufacturing
Kilns has been recodified as section 10. Other than revisions to cross
referencing necessitated by the recodification, the provisions in
section 10 which were formerly in section 100 for cement kilns are
unchanged and include the same requirements for specific controls (or
reductions equivalent to that achieved by the control) and compliance
plan requirements, and monitoring, recordkeeping, and reporting
requirements for cement kilns as was in the regulation when EPA
previously approved 45CSR40 for the West Virginia SIP.
    The changes West Virginia has made to 45CSR40 are approvable under
CAA section 110 because--(1) CAIR has been replaced by CSAPR and thus
removal of CAIR provisions is appropriate; (2) the applicability
provisions at section 4.1 of 45CSR40 cover all existing and new
NOX SIP Call non-EGUs not subject to the current CSAPR
trading program for ozone season NOX emissions; (3) the
enforceable cap on collective ozone season NOX emissions
from covered non-EGUs in section 8.1 of the State's rule does not
exceed the non-EGU emissions budget adopted by West Virginia in its SIP
responding to the NOX SIP Call and identified in 40 CFR part
97, subpart E, appendix C.; (4) monitoring, recordkeeping and reporting
in accordance with 40 CFR part 75 continue to be required for the non-
EGUs; (5) the cement kiln and IC engine provisions are identical to
requirements previously applicable to such sources in the West Virginia
SIP and are merely recodified; and (6) the revised 45CSR40 generally
addresses the requirements for large non-EGUs for the NOX
SIP Call pursuant to 40 CFR 51.121. The SIP revision addresses
provisions in CAA section 110(l) for revisions to a state's SIP because
it maintains the NOX ozone season budget originally
established under the NOX SIP Call and in the West Virginia
SIP, removes the obsolete CAIR provisions, and recodifies other
provisions maintaining requirements already in the SIP for cement kilns
and IC engines. Thus, EPA does not expect any emission increases, or
interference with attainment or maintenance of the NAAQS, reasonable
further progress or any other CAA requirements.
    On February 8, 2018, WVDEP provided a letter clarifying a provision
in the July 13, 2016 SIP submittal. The letter is available in the
docket for this rulemaking and is available on www.regulations.gov.
Specifically, subsection 4.1 of 45CSR40, which sets forth applicability
provisions, exempted any unit that is already subject to the CSAPR
NOX Ozone Season Trading

program under 40 CFR part 97 Subpart BBBBB. The letter explains that
when West Virginia revised regulation 45CSR40, it cited to the CSAPR
NOX Ozone Season Trading Program that was in effect at the
time the rule was finalized. Subsequent to WVDEP's submission of the
SIP revision in 2016, EPA finalized an update to CSAPR that removed
EGUs in West Virginia from the original CSAPR trading program for ozone
season NOX emissions at 40 CFR part 97, subpart BBBBB and
instead made the state's EGUs subject to the new CSAPR NOX
Ozone Season Group 2 Trading Program at 40 CFR part 97, subpart EEEEE.
The February 8, 2018 letter clarifies that the West Virginia regulation
was intended to refer to current provisions of CSAPR, and thus is
intended to refer to the updated CSAPR provisions. The letter states
that West Virginia will work towards revising 45CSR40 as expeditiously
as possible to conform the regulation to refer to currently enforceable
CSAPR provisions and will submit the revised 45CSR40 as a SIP revision
to EPA for approval once the regulation correctly refers to 40 CFR part
97, subpart EEEEE.\7\ EPA finds 45CSR40 approvable for the West
Virginia SIP (despite this inadvertent incorrect citation to CSAPR
using subpart BBBBB in lieu of subpart EEEEE) as the revised regulation
addresses CAA requirements in section 110 and 40 CFR 51.121 for the
NOX SIP Call and for units subject to the NOX SIP
Call as discussed specifically above and because West Virginia
clarified its intent to refer specifically to provisions of CSAPR
presently enforceable and its intent to address the minor citation
cross reference expeditiously with a future SIP revision submittal.
---------------------------------------------------------------------------

    \7\ West Virginia has drafted the revision to 45CSR40 that
corrects the reference to CSAPR, and expects to finalize the
revision in its 2019 legislative session.
---------------------------------------------------------------------------

III. Proposed Action

    EPA's review of this material indicates the July 13, 2016 SIP
revision submittal as supplemented on October 11, 2017 and clarified on
February 8, 2018 is approvable. The 2016 SIP submission as amended by
the 2017 submission and clarified on February 8, 2018, requests EPA
include the amended version of 45CSR40 in the West Virginia SIP.
Amended regulation 45CSR40 removes the moot provisions that implemented
the CAIR NOX Ozone Season Trading Program, establishes new
requirements to address the NOX SIP Call obligations for
large non-EGUs in the State that were trading under CAIR but are no
longer part of a trading program, establishes an enforceable statewide
cap on ozone season NOX emissions for these non-EGUs in
accordance with West Virginia's state budget under the NOX
SIP Call, and recodifies previously SIP-approved provisions that apply
to IC engines and cement kilns. The non-EGUs are also required to meet
the monitoring, recordkeeping, and reporting requirements under 40 CFR
part 75, as required under 50 CFR 51.121. The October 11, 2017
supplemental submittal demonstrates that the total NOX
emissions from all affected non-EGUs in West Virginia are less than the
State cap previously established for West Virginia. As the amended
regulation establishes a NOX emissions cap equal to the
amount of the West Virginia NOX budget under the
NOX SIP Call as discussed in this proposal and West Virginia
has demonstrated that emissions from non-EGUs are well below the cap,
there is no expected emissions impact on any pollutant and thus SIP
revision is not expected to interfere with reasonable further progress,
any NAAQS or any other CAA requirement, therefore meeting the
requirements under section 110(l) of the CAA. EPA is proposing to
approve the West Virginia SIP revision submitted on July 13, 2016, as
supplemented on October 11, 2017, because the revised 45CSR40 addresses
CAA requirements in section 110 and 40 CFR 51.121 for the
NOX SIP Call and for units subject to the NOX SIP
Call. EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text in a
final EPA rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the revisions to West Virginia regulation 45CSR40--Control of
Ozone Season Nitrogen Oxides Emissions. EPA has made, and will continue
to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this action proposing approval of revisions to West
Virginia regulation 45CSR40 does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 9, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-18524 Filed 8-27-18; 8:45 am]
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[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55922-55923]
[FR Doc No: 2011-23106]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0625]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Filing Objections and Requests for a Hearing on a
Regulation or Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on requirements for filing
objections and requests for a hearing on a regulation or order.

DATES: Submit either electronic or written comments on the collection
of information by November 8, 2011.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the

docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., P150-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Filing Objections and Requests for a Hearing on a Regulation or Order--
21 CFR Part 12--(OMB Control Number 0910-0184)--Extension

    The regulations in 21 CFR 12.22, issued under section 701(e)(2) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(e)(2)), set
forth the instructions for filing objections and requests for a hearing
on a regulation or order under Sec.  12.20(d) (21 CFR 12.20(d)).
Objections and requests must be submitted within the time specified in
Sec.  12.20(e). Each objection for which a hearing has been requested
must be separately numbered and specify the provision of the regulation
or the proposed order. In addition, each objection must include a
detailed description and analysis of the factual information and any
other document, with some exceptions, supporting the objection. Failure
to include this information constitutes a waiver of the right to a
hearing on that objection. FDA uses the description and analysis to
determine whether a hearing request is justified. The description and
analysis may be used only for the purpose of determining whether a
hearing has been justified under 21 CFR 12.24 and do not limit the
evidence that may be presented if a hearing is granted.
    Respondents to this information collection are those parties that
may be adversely affected by an order or regulation.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR Section                               Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.22..............................................................               3                1                3               20               60
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The burden estimate for this collection of information is based on
past filings. Agency personnel responsible for processing the filing of
objections and requests for a public hearing on a specific regulation
or order estimate approximately three requests are received by the
Agency annually, with each requiring approximately 20 hours of
preparation time.

    Dated: September 2, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-23106 Filed 9-8-11; 8:45 am]
BILLING CODE 4160-01-P