[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6899-6900]
[FR Doc No: 2014-02471]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2014-0129; FRL-9906-20-OP]

Comment Request; Draft Supporting Materials for the Science
Advisory Board Panel on the Role of Economy-Wide Modeling in U.S. EPA
Analysis of Air Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is evaluating the
appropriate role for economy-wide modeling in informing the regulatory
process. Toward that end, EPA is developing an ``analytic blueprint''
of materials on the technical merits and challenges of using economy-
wide models to evaluate the social costs, benefits and economic impacts
associated with EPA's air regulations. In addition, EPA will be seeking
advice from the Science Advisory Board (SAB) on economy-wide modeling
and will present materials from the analytic blueprint to inform a
discussion of charge questions to a new SAB panel with expertise in
economy-wide modeling. In a forthcoming Federal Register Notice, EPA's
Science Advisory Board Staff Office will be soliciting nominations for
this panel to provide advice on the use of economy-wide models to
evaluate the economic effects of air regulations. In today's Notice,
EPA is soliciting public comment on both the draft charge questions and
draft analytic blueprint of materials that could be presented to the
SAB in order to inform how to appropriately discuss the issues with the
panel.

DATES: Comments must be submitted on or before April 7, 2014.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2014-0129 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information, Environmental
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
     Hand Delivery:
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2014-
0129. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the OEI Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nathalie Simon, National Center for
Environmental Economics, Office of Policy, (1809T), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Environmental regulations vary widely by
pollutant, sectoral and geographic scope, regulatory design, types of
benefits and costs, among others. The size and complexity of the U.S.
economy relative to the effects of a particular regulation also raises
questions about which modeling tool is most appropriate in a given
setting. Air regulations have been selected to limit the scope of this
analytic exercise. For each major air regulation, the EPA considers
these factors when gauging which analytic tools can be applied in a
practical and analytically defensible way to estimate costs, benefits,
and economic impacts within a particular regulatory context.
    Economy-wide models attempt to capture the interaction and feedback
effects between different sectors of the economy. A common tool to
capture economy-wide effects is a computable general equilibrium (CGE)
model. According the EPA's Guidelines for Conducting Economic Analyses
(EPA 240-R-10-001) ``CGE models simulate the workings of a market
economy and can include representations of the distortions caused by
taxes and regulations. . . . They are used to calculate a set of price
and quantity variables that will return the simulated economy to
equilibrium after the imposition of a regulation. The social cost of
the regulation can then be estimated by comparing the value of
variables in the pre-regulation, `baseline' equilibrium with those in
the post-regulation, simulated equilibrium.''
    However, for nearly all benefit-cost analyses conducted by EPA in
support of air regulations, the costs are estimated using engineering
or detailed partial equilibrium sector models which are compared to
benefits that are likewise estimated through partial equilibrium
models. EPA has evaluated, and will continue to evaluate, the
appropriate role for economy-wide modeling in informing the regulatory
process. While the Advisory Council on Clean Air Compliance Analysis
review of the Second Prospective Study of the Clean Air Act Amendments
(EPA-COUNCIL-11-001) stated that inclusion of benefits in the economy-
wide model that was specifically adapted for use in

that study ``represent[ed] a significant step forward in benefit-cost
analysis,'' EPA recognizes that serious technical challenges remain
when attempting to evaluate the benefits and costs of potential
regulatory actions using economy-wide models. The question also remains
of the value added of using economy-wide models to evaluate the
economic impacts (e.g., energy price and labor market impacts) of air
regulations relative to other modeling approaches.
    EPA is looking for early feedback from the public on the draft
charge questions and draft analytic blueprint that outlines the
materials EPA could supply to the SAB to inform their deliberations on
the technical merits and challenges of using economy-wide models to
estimate the economic effects of air regulations and potential paths
forward for improvements that could address such challenges. EPA is
soliciting comments and information to help it: (i) Evaluate whether
the Agency has identified the most relevant technical materials in the
analytic blueprint to help inform the SAB panel in its deliberations;
and (ii) assess whether the Agency has identified the most relevant
charge questions to the SAB regarding the technical merits and
challenges of using economy-wide models to evaluate the social costs,
benefits, and economic impacts in the context of air regulations.
    EPA will consider the comments received and amend the charge
questions and draft blueprint as appropriate. The revised package will
then be presented to the Science Advisory Board for consideration and
comment.
    EPA's Science Advisory Board Staff Office will issue a separate
Federal Register Notice to solicit nominations for experts to serve on
the SAB panel. (Information on the SAB, including the process for
forming review panels, is available at http://www.epa.gov/sab).

    Dated: January 29, 2014.
Joel Beauvais,
Associate Administrator, Office of Policy.
[FR Doc. 2014-02471 Filed 2-4-14; 8:45 am]
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0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 21.1 125260 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125261 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125262 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125263 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125264 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125265 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125266 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125267 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125268 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125269 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125270 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125271 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125272 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125273 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125274 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 21.1 125275 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125276 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125277 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125278 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125279 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125280 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125281 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125282 2 2003 MPP NODA Record Index Survey/ Reference 2001 This space is intentionally blank DOC 21.1 125300 244 Publicly Available Information to Aggregate from Facility to Company Level 2003 Eastern Research Group, Inc ( ERG) DOC 21.1.1 115007 150 Economic Analysis of the Final Revisions to the National Pollutant Discharge Elimination System Regulation and Effluent Guidelines for Concentrated Animal Feeding Operations 12/ 01/ 02 USEPA REP 21.2 125501 5 Detailed Survey Direct Dischargers and Corporate Ownership 2003 Eastern Research Group, Inc ( ERG) MEMO 21.2 125502 21 Forcasting Cycles in Meat Products Manufacturing Margins 2003 Eastern Research Group, Inc ( ERG) MEMO 21.2 125503 15 Revision of Market Model Trade Elasticies 2003 Eastern Research Group, Inc ( ERG) MEMO 21.2 125504 10 Capital Replacement and Cash Flow 2003 Eastern Research Group, Inc ( ERG) MEMO 21.2 125505 7 Use of Salvage Value in Closue Model 2003 Eastern Research Group, Inc ( ERG) MEMO Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 21.2 125506 4 Poultry Outlook 2002 Lary Aylward DOC 21.2 125507 20 USDA Report US Mexico Broiler Trade: A Bird's Eye View 2002 Delmy L. Salin,

William F. Hahn, and David J. Harvey DOC 21.2 125508 34 Standard and Poor's Industry Surveys Agribusiness 2000 Maureen Carini DOC 21.3 125601 8 Economic Impact Analysis 2003 Eastern Research Group, Inc ( ERG) MEMO 21.3 125602 14 Market Impact Analysis 2003 Eastern Research Group, Inc ( ERG) MEMO 21.3 125604 1 Community Employment Impact Analysis 2003 Eastern Research Group, Inc ( ERG) MEMO 21.3 125605 3 Barriers to Entry 2003 Eastern Research Group, Inc ( ERG) MEMO 21.3 125606 11 MPP Industry Economic Impacts for Small Processors in Subcategories E though I, J, and L 2003 Eastern Research Group, Inc ( ERG) MEMO 21.3 125607 6 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank MEMO 21.3 125608 1 Cost Computation 2003 Jade Lee Freeman, EPA EMAIL 21.4 125801 8 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank MEMO 21.4 125802 5 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank MEMO 21.4 125803 6 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank MEMO 21.5 126001 8 Cost Effectiveness Analysis 2003 Eastern Research Group, Inc ( ERG) MEMO 21.5 126002 14 MPP Industry Cost Effectiveness Analysis for Subcategories E through I, J,

and L 2003 Eastern Research Group, Inc ( ERG) MEMO 21.5 126003 11 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank MEMO Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 21.6 126101 1 2003 MPP NODA Record Index Survey/ Reference 2003 This space is intentionally blank DATA 22.1 165010 122 2003 MPP NODA Record Index Survey/ Reference 7/ 23/ 2003 This space is intentionally blank Printout 22.1 165011 82 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Printout 22.1 165012 EPA Samples Data File 7/ 31/ 2003 Sidina Dedah, SAIC Diskette 22.1 165020 21 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Printout 22.1 165030 33 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Printout 22.1 165040 3 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Printout 22.1 165050 2 EPA E. Coli Samples Summary Statistics 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165060 2 EPA E. Coli Samples LTA and VF 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165061 1 EPA Fecal Coliform Samples LTA and VF by Disinfection Method 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165062 3 Fecal Col. And E. Coli Data Listing 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165070 14 EPA Samples Summary Statistics 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165080 8 EPA Samples LTA and VF 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165090 8 EPA Samples Removal Fraction 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.1 165100 2 List of POCs 5/ 22/ 2003 Sidina Dedah, SAIC Printout 22.1 165101 1 Preliminary Review of EPA Sampling Data 7/ 23/ 2003 Jade Freeman, EPA Memo 22.2 165110 4 Flow Diagrams for Computer Programs for EPA Data Summary Statistics,

LTA, VF, and Removal Fraction 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.2 165120 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Disk 22.2 165130 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Disk 22.3 165140 254 Industry Self Monitoring Data Listing 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.3 165141 Industry Self Monitoring Data File 7/ 31/ 2003 Sidina Dedah, SAIC Diskette Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 22.3 165150 5 Industry Self Monitoring Data Summary Statistics 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.3 165160 5 Industry Self Monitoring Data LTA and VF 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.3 165161 1 Preliminary Review of MPP Industry Self Monitoring Data 7/ 23/ 2003 Jade Freeman, EPA Memo 22.3 165170 1 Flow Diagrams for Computer Programs for Self Monitoring Data Summary Statistics, LTA, VF, and Removal Fraction 7/ 24/ 2003 Sidina Dedah, SAIC Printout 22.3 165180 2003 MPP NODA Record Index Survey/ Reference 7/ 24/ 2003 This space is intentionally blank Disk 22.3 165190 Industry Self Monitoring Database 7/ 24/ 2003 Sidina Dedah, SAIC Disk 22.4 165200 7 2003 MPP NODA Record Index Survey/ Reference This space is intentionally blank Memo 22.4 165210 2 Changes to Short Survey Weights 7/ 29/ 2003 David Marker, Westat Memo 22.4 165220 1 2003 MPP NODA Record Index Survey/ Reference This space is intentionally blank Memo 22.4 165230 Survey Weights 7/ 29/ 2003 Mary Dingwall,

WESTAT Diskette 22.4 165232 2003 MPP NODA Record Index Survey/ Reference 7/ 23/ 2003 This space is intentionally blank Printout 22.4 165233 4 Unweighted and Weighted Frequencies for MPI Facility Type by Size 7/ 30/ 2003 Jade Freeman, EPA Printout 22.4 165240 2003 MPP NODA Record Index Survey/ Reference 7/ 30/ 2003 This space is intentionally blank CD 22.4 165250 2003 MPP NODA Record Index Survey/ Reference 7/ 30/ 2003 This space is intentionally blank CD 22.5 165260 4 Flow Diagrams for Computer Programs for Survey Database 4/ 11/ 2003 Mary Dingwall,

WESTAT Printout 22.5 165270 2003 MPP NODA Record Index Survey/ Reference 7/ 30/ 2003 This space is intentionally blank CD 22.6 165280 2 SCC Data Review of Fecal Col. And E. coli 6/ 27/ 2003 Michael Walsh,

Dyncorp Memo 22.6 165290 3 Exclusion of HEM value from MPP Calculations 7/ 28/ 2003 Maria Gomez Taylor,

EPA Memo Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 22.6 165300 5 SCC Evaluation of Methods Reported for Self Monitoring Data 7/ 31/ 2003 Erin Salo, Dyncorp Memo 22.6 165310 3 Holding Time for Fecal Coliform Data 7/ 9/ 2003 Marla Smith, EPA Report 22.6 165311 83 Holding Time Study 7/ 31/ 2003 Robin Oshiro, EPA Report 22.6 165312 306 2003 MPP NODA Record Index Survey/ Reference 7/ 31/ 2003 This space is intentionally blank Printout 22.6 165320 5 Estimation of Coliform Density by the Membrane Filter and the Fermentation Tube Methods 7/ 30/ 2003 Marla Smith, EPA Article 22.6 165330 63 SCC Data Review Guidelines 7/ 30/ 2003 Marla Smith, EPA Report 22.6 165340 6 Standards Methods for the Examination of Water and Wastewater 20th Edition 1998, Method 9221 7/ 30/ 2003 Marla Smith, EPA Report 22.6 165350 3 Data Review Narrative for Metals Analyses by Methods1620 for the Meat Products Industry, Episode 6485 1/ 17/ 2003 Mike Chicoine, SCC Memorand um 22.6 165351 3 Data Review Narrative for Metals Analyses by Methods1620 for the Meat Products Industry, Episode 6486 1/ 30/ 2003 Mike Chicoine, SCC Memo 22.6 165360 3 Data Review Narrative for Metals Analyses by Method 1620 for the Meat Products Industry, Episode 6493 2/ 6/ 2003 Mike Chicoine, SCC Memorand um 22.6 165370 2 Data Review Narrative for Carbaryl Analysis by Method 632 for the Meat Products Industry, Episode 6485 1/ 7/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165380 2 Data Review Narrative for Permethrin Analysis by Method 1660 the Meat Products Industry, Episode 6485 1/ 7/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165390 2 Data Review Narrative for Carbaryl Analysis by Method 632 for the Meat Products Industry, Episode 6486 1/ 24/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165391 2 Data Review Narrative for Carbaryl Analysis by Method 632 for the Meat Products Industry, Episode 6493 2/ 25/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165400 4 Data Review Narrative for Biological Analyses for the Meat Products Industry, Episode 6483 11/ 25/ 2002 Rashmi Ghei, SCC Memorand um 22.6 165410 7 Data Review Narrative for Biological Analyses for the Meat Products Industry, Episode 6485 1/ 31/ 2003 Rashmi Ghei, SCC Memorand um 22.6 165420 6 Data Review Narrative for Biological Analyses for the Meat Products Industry, Episode 6486 1/ 31/ 2003 Rashmi Ghei, SCC Memorand um Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 22.6 165430 5 Data Review Narrative for Biological Analyses for the Meat Products Industry, Episode 6493 2/ 11/ 2003 Rashmi Ghei, SCC Memorand um 22.6 165440 4 Data Review Narrative for Cryptosporidium Analyses by Method 1622 for the Meat Products Industry, Episode 6485 1/ 17/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165450 4 Data Review Narrative for Cryptosporidium Analyses by Method 1622 for the Meat Products Industry, Episode 6486 2/ 11/ 2003 Julie D. Rest, SCC Memorand um 22.6 165460 11 Revised Data Review Narrative for Ultimate BOD Analyses for the Meat Products Industry, Episode 6493 7/ 8/ 2003 Julie Dixon Rest, SCC Memorand um 22.6 165470 8 Data Review Narrative for Ultimate BOD Analyses for the Meat Products Industry, Episode 6496 7/ 2/ 2003 Julie Dixon Rest, SCC Memorand um 22.6 165480 5 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6442 3/ 8/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165490 4 Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6483 11/ 25/ 2003 Julie D. Rest, SCC Memorand um 22.6 165500 5 Data Review Narrative for Classical Wet Chemistry Analyses for the Meat products Industry, Episode 6485 1/ 24/ 2003 Julie D. Rest, SCC Memorand um 22.6 165510 5 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6440 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165520 5 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6441 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165530 6 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6443 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165540 6 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat products Industry, Episode 6444 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165550 5 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6446 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165560 4 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat products Industry, Episode 6448 1/ 27/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165570 6 Revised Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6486 2/ 11/ 2003 Julie D. Rest, SCC Memorand um Docket:

0W 2002 0014 Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Notice of Data Availability  Administrative Record Index August 2003 Record Section Document Control Number Pages Title/ Subject Date Generated Author Document Type 22.6 165580 6 Data Review Narrative for Classical Wet Chemistry Analyses for the Meat Products Industry, Episode 6493 3/ 3/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165590 2 Meat Products Industry Data Review ( Technical Direction, June 24, 2003) 7/ 2/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165600 2 Meat Products Industry Data Review ( Memorandum June 24, 2003) 6/ 27/ 2003 Michael Walsh, SCC Memorand um 22.6 165610 2 Differences in BOD and CBOD Analytical Procedures and Results ( Technical Direction May 7, 2003) 5/ 21/ 2003 Erin Schafter Salo, SCC Memorand um 22.6 165611 2 Meat Products Industry Data Review ( Technical Direction, July 2, 2003) 7/ 30/ 2003 Pornkeo Chinyavong,

SCC Memorand um 22.6 165620 44 Analytical Method Guidance for Method 1664A Implementation and Use ( 40CFR Part 136) 7/ 31/ 2003 Marla Smith, EPA Report 22.6 165630 24 Ambient Water Quality Criteria for Bacteria 1986 7/ 31/ 2003 Marla Smith, EPA Report


[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26967-26969]
[FR Doc No: 2017-12044]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80866; File No. SR-NYSEArca-2017-46]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Amend NYSE Arca Equities Rule 13.2,
Liability of Corporation

June 6, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on May 23, 2017, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule 13.2
(``Liability of Corporation'') by (1) aligning the scope of 13.2(a)
with the rules of other national securities exchanges by specifying
that the Exchange is not liable to its ETP Holders' ``successors,
representatives or customers''; (2) eliminating the daily caps that
limit the amount the Exchange may compensate ETP Holders for claims
arising under the rule; (3) changing the procedural requirements for
submitting notification to the Exchange of any claims for compensation;
and (4) replace the words ``acknowledged receipt of'' in Rule 13.2(b)
with the word ``received.'' Additionally, the Exchange seeks to have
the proposed changes to eliminate the daily caps function retroactively
to March 1, 2017. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    NYSE Arca Equities Rule 13.2 (``Rule 13.2'') provides a mechanism
for ETP Holders to receive compensation for losses sustained as a
result of the negligent acts or omissions of the Exchange's employees
or for the failure of Exchange systems or facilities. Specifically, if
an ETP Holder transmits an order to or through the Exchange's order
routing systems, electronic book, or automatic execution systems or to
any other automated facility of the Exchange and the Exchange has
acknowledged receipt of the order, Rule 13.2(b) permits the Exchange to
compensate ETP Holders for losses resulting from ``the negligent acts
or omissions of its employees or for the failure of its systems or
facilities.'' The Exchange is only permitted to compensate an ETP
Holder for losses to the extent the Exchange's rules authorize such
compensation. As described below, the Exchange proposes to:
     Align its rule with those of other national securities
exchanges by adding that the Exchange is not liable to ``successors,
representatives, or customers'' of ETP Holders;
     eliminate the daily caps on liability;
     change the procedural requirements for submitting
notification to the Exchange of any claims for compensation; and
     replace the words ``acknowledged receipt of'' in Rule
13.2(b) with the word ``received.''
Proposal To Align and Clarify the Scope of 13.2(a) With Rules of Other
National Securities Exchanges
    The Exchange proposes to align the scope of 13.2(a) with the rules
of other national securities exchanges \4\ by adding rule text
specifying that, except as otherwise expressly provided in the rules,
the Exchange is not liable to ETP Holders' successors, representatives
or customers. Rule 13.2 does not authorize the Exchange to compensate a
successor, representative or customer of an ETP Holder because the rule
does not reference those entities. As such, the Exchange believes that
the proposed text specifically referencing these entities clarifies the
scope of the rule.
---------------------------------------------------------------------------

    \4\ See Investors' Exchange LLC (``IEX'') Rule 11.260, BATS BZX
Exchange Inc. (``BATS'') Rule 11.16, and EDGX Exchange Inc.
(``EDGX'') Rule 11.14.
---------------------------------------------------------------------------

Proposal To Eliminate Daily Caps on Liability
    Rule 13.2 provides the Exchange with the authority to compensate
ETP Holders for claims arising out of the negligent acts or omissions
of its employees or for the failure of its systems or facilities up to
specified amounts in paragraph (b) of the Rule. Specifically, Rule
13.2(b) provides that:
     As to claims made by a single ETP Holder, with respect to
a single trading day, the Exchange will not be liable in excess of the
larger of $100,000, or the amount of any recovery obtained by the
Exchange under any applicable insurance;
     As to claims made by all ETP Holders, with respect to a
single trading day, the Exchange will not be liable in excess of the
larger of $250,000 or the amount of the recovery obtained by the
Exchange under any applicable insurance; and
     As to claims made by all ETP Holders, with respect to a
single calendar month, the Exchange will not be liable in excess of the
larger of $500,000, or the amount of the recovery obtained by the
Exchange under any applicable insurance.
    The Exchange proposes to eliminate the daily caps in paragraphs
(b)(1) and (b)(2). The Exchange would retain the monthly cap in (b)(3)
of $500,000. The proposal to eliminate the daily caps in paragraphs
(b)(1) and (b)(2) is consistent with the rules of other national
securities exchanges, which only have a

monthly cap.\5\ In addition, the Exchange believes that it is more
appropriate and fair to have a monthly limit on liability rather than a
daily limit on liability, which could potentially result in disparate
treatment among ETP Holders with claims on different days. Under the
current rules, the Exchange is liable on any day as to the aggregate of
all claims up until $250,000. Therefore, ETP Holders with claims on a
day where other ETP Holders also have claims are less likely to receive
full compensation compared to an ETP Holder that has a claim on a day
when no other or fewer other ETP Holders have claims. Accordingly, the
Exchange's proposal seeks to limit the possibility for disparate
treatment by proposing to eliminate the current daily liability caps.
---------------------------------------------------------------------------

    \5\ See ISE Rule 705, Nasdaq Stock Market LLC (``Nasdaq'') Rule
4626, Nasdaq OMX PHLX LLC (``Nasdaq PHLX'') Rule 1015, and Nasdaq
BX, Inc. (``Nasdaq BX'') Rule 4626.
---------------------------------------------------------------------------

    Under Rule 13.2(c), if claims cannot be fully satisfied because in
the aggregate they exceed the maximum liability provided under
paragraph (b), the maximum amount is allocated among all claims. In
connection with its proposal to eliminate the daily caps in paragraphs
(b)(1) and (b)(2), the Exchange is making a conforming change to
eliminate in paragraph (c) the reference to allocating claims arising
``on a single trading day.''
Proposal To Change Procedural Requirements for Submitting a Claim
    The Exchange proposes to clarify and change the time frame in which
ETP Holders are required to submit notification to the Exchange of any
claims for compensation under Rule 13.2. Rule 13.2(c) currently refers
to written notice of claims ``to the Corporation no later than the
opening of trading on the next business day following the day on which
the use or enjoyment of the Corporation's facilities giving rise to the
claim occurred . . .'' The Exchange proposes to clarify the requirement
to provide written notice of all claims. Specifically, the Exchange
proposes to delete the reference in paragraph (c) to written notice and
replace it with new paragraph (d), the first sentence of which would
state that all claims for compensation must be in writing. The proposal
would conform the Exchange's notice requirements for claims to that of
other national securities exchanges, which require written notice of
claims.\6\
---------------------------------------------------------------------------

    \6\ See Nasdaq Rule 4626, Nasdaq PHLX Rule 1015, and Nasdaq BX
Rule 4626 (providing that members must submit claims in writing by
noon Eastern Time on the next business day following the system
issue).
---------------------------------------------------------------------------

    In addition, proposed new paragraph (d) would require that ETP
Holders make such written claims by noon Eastern Time the next business
day following the day on which the use of the Exchange gave rise to
such claims. The Exchange believes it is appropriate to extend the time
for an ETP Holder to submit a written claim from 9:30 a.m. Eastern Time
to noon Eastern Time because it would provide time for an ETP Holder to
evaluate what losses may have occurred on the prior trading day,
particularly if the issue occurred later in the day. This proposed time
frame is based on the rules of other national securities exchanges.\7\
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Proposed Change To Re-Word Rule 13.2(b)
    The Exchange proposes to replace the words ``acknowledged receipt
of'' in Rule 13.2(b) with the word ``received.'' The Exchange believes
this language is more concise and accurately reflects that all orders
received in Exchange systems, whether acknowledged or not, are eligible
under the Rule. Additionally, the Exchange notes that this language is
similar to that found in the rules of other national securities
exchanges.\8\
---------------------------------------------------------------------------

    \8\ See NYSE Rule 18(b) and NYSE MKT Rule 18(b).
---------------------------------------------------------------------------

Operability of the Proposal To Eliminate the Daily Caps on Liability
    Finally, the Exchange requests to have the proposed changes to
eliminate the daily caps in paragraphs (b)(1) and (b)(2) function
retroactively to March 1, 2017. Specifically, the Exchange seeks to
have the ability to compensate ETP Holders in connection with losses
incurred from an Exchange system issue on March 20, 2017. Prior to
March 20, 2017, the Exchange had never received a claim that exceeded
the liability limits and thus the Exchange was never prevented from
fully compensating an ETP Holder. In connection with the March, [sic]
20, 2017, system issue, the Exchange received claims from ETP Holders
that exceed amounts provided for in the daily caps. The Exchange
believes that retroactively applying the monthly liability limit
promotes fairness in that it provides the Exchange with the ability to
compensate ETP Holders equally and reduces the potential for disparate
treatment among ETP Holders who suffered a loss on March 20, 2017 and
those ETP Holder [sic] who suffered a loss on a different day. Lastly,
the Exchange notes that the Commission has approved other national
securities exchanges rules related to limitations on liability
retroactively.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 56085 (July 17,
2007), 72 FR 40348 (July 24, 2007) (SR-NYSE-2007-09).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\10\ in particular, because it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, 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. The Exchange believes that
the proposed rule change removes impediments to and perfects the
mechanism of a free and open market because it more adequately
addresses issues of liability by (1) eliminating the daily caps on
liability and rewording 13.2 (b) to reflect that all orders
``received'' are eligible under the Rule thus increasing the Exchange's
ability to compensate ETP Holders for losses incurred in relation to
the failure of the Exchange's systems or facilities or negligent acts
or omissions of Exchange employees, (2) adding clarity and transparency
to scope of the rule and the compensation mechanism provided for in the
rule by specifying that the Exchange is not liable to an ETP Holder's
successors, representatives or customers, and (3) changing the
procedural requirements for submitting notification of claims for
compensation to the Exchange so that ETP Holders have a [sic] until
noon Eastern Time the next business day following the day on which use
of the Exchange's facilities gave rise to such claims to submit written
notice.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that the proposed changes are
reasonable and would remove impediments to and perfect the mechanism of
a free and open market because eliminating the daily caps would not
adversely affect ETP Holders and would reduce the risk that a loss is
not covered by the Exchange's liability limits. Further, the Exchange
believes that the proposed text specifically referencing that the
Exchange is not liable to ETP Holders' successors, representatives or
customers aligns the scope of the rule with that of

other national securities exchanges \11\ and provides transparency as
to the rule's application.
---------------------------------------------------------------------------

    \11\ See supra note 4.
---------------------------------------------------------------------------

    Further, clarifying and extending by a few hours the deadline in
which ETP Holders are required to submit written notice of claims for
compensation is reasonable given that an ETP Holder may not be aware of
a claim or able to file a claim before the market open on the next
business day. Additionally, the proposed procedural provisions are
equitable because all ETP Holders are subject to the same procedural
process for submitting claims for compensation. In addition, the
Exchange notes that other national securities exchanges have similar
requirements with respect to the timing in which written notice of
claims must be submitted.\12\
---------------------------------------------------------------------------

    \12\ See supra note 6.
---------------------------------------------------------------------------

    Retroactively applying the proposed changes to eliminate the daily
caps on the Exchange's liability is reasonable because it provides the
Exchange with the ability to adequately compensate ETP Holders for
losses incurred in relation to the Exchange's system failure that
occurred on March 20, 2017. Additionally, the Exchange believes that
applying the monthly liability limit retroactively promotes just and
equitable principles of trade because it will apply uniformly to all
ETP Holders that suffered a loss in connection with the March 20, 2017
system issues and any ETP Holder that potentially suffers a loss in
connection with a future Exchange system issue. Prior to March 20,
2017, the Exchange had never received a claim that exceeded the
liability limits and thus the Exchange was never prevented from fully
compensating an ETP Holder for losses suffered in connection with the
use of the Exchange's facilities, including losses caused by the
negligent act or omission of an Exchange employee. Therefore, the
Exchange believes that applying the rule retroactively would not be
unfair or discriminatory. ETP Holders that suffered losses on March 20,
2017 and ETP Holders that previously received compensation from the
Exchange would receive the same benefit of a fully paid claim. Further,
the Exchange notes that the Commission has approved similar rules
retroactively \13\ and that the proposed liability limits more closely
align with the limits of other national securities exchanges.\14\ As
such, the Exchange believes retroactively applying the proposed changes
to the liability limits promotes just and equitable principles of
trade, fosters cooperation and coordination with persons engaged in
facilitating transactions in securities, removes impediments to, and
perfects the mechanism of, a free and open market and a national market
system and, in general, better protects investors and the public
interest because it reduces the risk that losses suffered by a
participant would be treated differently depending on the day or
trading venue that the issue occurred on.
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    \13\ See supra note 9.
    \14\ See supra note 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 will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather would add
transparency to the rule and align more closely with current rules of
other national stock exchanges \15\ and provide more certainty to
members that, regardless of trading venue, losses incurred in
connection with a failure of Exchange systems or facilities, including
losses caused by the negligent act or omission of an Exchange employee,
will be eligible for review by and compensation from the Exchange.
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    \15\ See supra notes 4, 5 and 8.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2017-46 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-46. This
file number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the 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 available publicly. All
submissions should refer to File Number SR-NYSEArca-2017-46, and should
be submitted on or before July 3, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Brent J. Fields,
Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-12044 Filed 6-9-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Proposed Rules]
[Pages 17762-17764]
[FR Doc No: 2021-06844]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2020-0098; FRL-10021-83-Region 8]

Approval and Promulgation of Implementation Plans; State of Utah;
Salt Lake City and Provo, Utah PM2.5 Redesignations to Attainment and
Utah State Implementation Plan Revisions; Availability of Supplemental
Information and Reopening of the Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; availability of supplemental information and
reopening of the comment period.

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SUMMARY: On November 6, 2020, the Environmental Protection Agency (EPA)
published a notice of proposed rulemaking to approve redesignation of
the Salt Lake City, Utah and Provo, Utah nonattainment areas (NAAs) to
attainment for the 2006 24-hour fine particulate matter with an
aerodynamic diameter less than or equal to a nominal 2.5 microns
(PM2.5) National Ambient Air Quality Standard (NAAQS), and
also acted on multiple related State Implementation Plan (SIP)
submissions. We also proposed to approve SIP revisions submitted by the
State of Utah on January 19, 2017; April 19, 2018; February 4 and 15,
2019; and January 13, May 21, and July 21, 2020. These SIP submissions
include revisions to Utah Administrative Code (UAC) Sections R307-110,
R307-200, and R307-300 Series; revisions to Utah SIP Sections X.B and
E; revisions to Utah SIP Sections IX.H.11, 12, and 13; best available
control measures/best available control technologies (BACM/BACT)
PM2.5 determinations for Salt Lake City and Provo;
maintenance plans for the Salt Lake City and Provo areas for
PM2.5; and the request for redesignation under the 2006 24-
hour PM2.5 standard. Additionally, the EPA proposed to
approve, through parallel processing, a request to remove startup and
shutdown emission limits for Kennecott's Power Plant in the Utah SIP
and the accompanying R307-110-17 revisions (draft dated October 9,
2020). Due to an administrative error, two supporting documents were
left out of the docket during the initial comment period from November
6, 2020 to December 7, 2020. Thus, the EPA is providing an additional
30 days for public comment on these two supporting documents. In this
document, we are not requesting comments on any other part of the
November 6, 2020 notice of proposed rulemaking. The EPA is taking this
action pursuant to the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before May 6, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0098, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The 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. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, 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.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. What action is the EPA taking?

    On November 6, 2020 (85 FR 71023), the EPA proposed to redesignate
the Salt Lake City and Provo 2006 24-hour PM2.5 NAAs to
attainment, and to approve multiple related SIP submissions. We
proposed to approve the Governor of Utah's submittal of January 13,
2020, containing revisions to R307-110-10, and the Provo and Salt Lake
City 2006 24-hour PM2.5 maintenance plans and redesignation
requests. We proposed to approve the Governor of Utah's submittal of
May 21, 2020, with revisions to R307-110-32, R307-110-35, Utah SIP
Section X.B., and Utah SIP Section X.E, which are the inspection and
maintenance (I/M) programs for Davis and Weber Counties. We also
proposed to approve both maintenance plans' 2035 motor vehicle emission
budgets (MVEBs). In addition, we proposed to approve a trading
mechanism in each maintenance plan that would allow future increases in
on-road mobile sources' direct PM2.5 emissions to be offset
by future decreases in nitrogen oxide (NOX) or volatile
organic compound (VOC) precursor emissions from on-road mobile sources.
We proposed approval of these submissions because the Utah Division of
Air Quality (UDAQ) has adequately addressed all of the requirements of
the Act for the SIP revisions and the redesignation to attainment
applicable to the Provo and Salt Lake City 2006 24-hour
PM2.5 NAAs. We used the 2017-2019 ambient air quality data
from the Provo and Salt Lake City NAAs as the basis for our decision.
Upon the effective date of a subsequent final action, the designation
status of the Provo and Salt Lake City areas under 40 CFR part 81 will
be revised to attainment.
    Additionally, we proposed to approve:
     SIP revisions submitted on January 19, 2017 (Utah SIP
Section IX.H.13).
     SIP revisions submitted February 15, 2019 (Utah SIP
Section IX.H.11 and 12).
     Utah's draft October 9, 2020 submission removing the
startup/shutdown emission limits for the Kennecott Power Plant found in
Utah SIP Section IX.H.12.i.i.C, and the accompanying R307-110-17
through a parallel process. Utah officially submitted these revisions
on December 17, 2020.
     Utah UAC section R307-200 and R307-300 Series revisions
and new rules submitted by UDAQ on April 19, 2018, May 21, 2020 and
July 21, 2020 (R307-208, R307-230, R307-304, R307-335, R307-343, R307-
344, R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-
351, R307-352, R307-353, R307-354 and R307-355), which are intended to
strengthen the SIP and to serve as BACM for certain area sources for
the Utah PM2.5 SIP.
     BACM/BACT analyses for area sources, major stationary
sources, on-road mobile sources, and non-road mobile sources in the
Provo and Salt Lake City 2006 24-hour PM2.5 NAAs, submitted
on February 4, 2019 and February 15, 2019.
    We received multiple comments on the original proposal. A comment
submitted on December 7, 2020 by the Sierra Club, Environmental
Integrity Project (EIP), and Western Resource Advocates \1\ noted that
the EPA had neglected to include an amended approval order \2\ and the
calculation of the banked emission reduction credits \3\ for the
Kennecott Power Plant in the docket. As the comment noted, these
documents were part of the basis for our BACM determination for Units
#4 and #5 at the Kennecott Power Plant. Because of this administrative
error, the EPA is providing an additional 30 days for public comment on
our proposed approval of the State's BACM/BACT determination and Utah's
Part H subsection for Kennecott's Power Plant Units #4 and #5. Aside
from supplementing the docket with the two inadvertently omitted
documents related to the Kennecott Power Plant, we are making no
changes to our original November 6, 2020 proposed action. In this
document, we are not requesting comments on any other part of the
November 6, 2020 notice of proposed rulemaking.
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    \1\ EPA-R08-OAR-2020-0098-0087.
    \2\ February 4, 2020; Rio Tinto Kennecott Utah Copper LLC;
Approval Order: Administrative Amendment to Approval Order DAQE-
AN105720031-15 to Remove Power Plant Boilers, Turbine, and
Supporting Equipment. Project Number: N105720040. Available within
the docket and at: https://daqpermitting.utah.gov/DocViewer?IntDocID=117327&contentType=application/pdf.
    \3\ February 4, 2020; Rio Tinto Kennecott Utah Copper LLC;
Emission Reduction Credits for Rio Tinto Kennecott Utah Copper--Utah
Power Plant Project Number: N105720040. Available within the docket
and also at: http://eqedocs.utah.gov and specifically at: http://eqedocs.utah.gov/TempEDocsFiles/995158151_995158151_AgencyInterest_10501-10600_10572%20-%20Rio%20Tinto%20Kennecott%20Utah%20Copper%20LLC-%20Power%20Plant%20Lab%20Tailings%20Impoundment_New%20Source%20Review_2020_DAQ-2020-001806.pdf.
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    We will address all pertinent comments received on this
supplemental action in our final rule, as well as all pertinent
comments received during the comment period on the original proposed
action.

II. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference revisions to: R307-110-10; R307-110-17; R307-
110-32; R307-110-35; R307-208; R307-230; R307-304; R307-335; R307-343;
R307-344; R307-345; R307-346; R307-347; R307-348; R307-349; R307-350;
R307-351; R307-352; R307-353; R307-354; R307-355; Utah SIP Section
X.B.; Utah SIP Section X.E.; Utah SIP Section IX.H.11, 12, and 13; Utah
SIP Section IX.A.27 (Provo 2006 24-hour PM2.5 Maintenance
Plan); Utah SIP Section IX.A.36 (Salt Lake City 2006 24-hour
PM2.5 Maintenance Plan); and the redesignation requests for
the Provo and Salt Lake City 2006 24-hour PM2.5 NAAs to
attainment. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 8 Office (please contact the person identified in the FOR
FUTHER INFORMATION CONTACT section of this preamble for more
information).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
and Wilderness areas.

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

    Dated: March 29, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-06844 Filed 4-5-21; 8:45 am]
BILLING CODE 6560-50-P