[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57615-57616]
[DOCID:fr10oc07-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56598; File No. SR-Amex-2007-48]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving Proposed Rule Change Modifying the Options Listing Criteria
for Underlying Securities

October 2, 2007.
    On May 17, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Amex's options listing criteria to allow
Amex to list and trade equity options that do not meet Amex's initial
listing standards if such options are listed and traded on another

national securities exchange and meet Amex's continued listing
standards for equity options. On August 21, 2007, Amex amended the
proposed rule change. The proposed rule change, as amended, was
published for comment in the Federal Register on August 31, 2007.\3\
The Commission received no comment letters on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56328 (August 24,
2007), 72 FR 50423.
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    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the regulations thereunder
applicable to a national securities exchange.\4\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\5\ which requires that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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. The proposal is narrowly tailored to address the
circumstances where an equity option class is currently ineligible for
initial listing on the Exchange even though it meets the Exchange's
continued listing standards and is trading on another options exchange.
Allowing Amex to list and trade options on such underlying securities
should help promote competition among the exchanges that list and trade
options. The Commission notes that the Exchange represented that the
procedures that the Exchange currently employs to determine whether a
particular underlying security meets the initial equity option listing
criteria for the Exchange will similarly be applied when determining
whether an underlying security meets the Exchange's continued listing
criteria.
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    \4\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-Amex-2007-48) be, and hereby
is, approved.
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    \6\ 15 U.S.C. 78f(b)(5).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7 \
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    \7\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E7-19870 Filed 10-9-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: April 17, 2007 (Volume 72, Number 73)]
[Proposed Rules]
[Page 19144-19150]
[DOCID:fr17ap07-17]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0165; FRL-8300-3]

Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing, under the Clean Air Act, approval of certain
revisions to the applicable state implementation plan for the State of
Nevada and full disapproval of certain other revisions. These revisions
involve State rules governing applications for, and issuance of,
permits for stationary sources, but not including review and permitting
of major sources and major modifications under parts C and D of title I
of the Clean Air Act. These revisions involve submittal of certain new
or amended State rules and requests by the State for rescission of
certain existing rules from the state implementation plan. The
rescission requests for which we propose approval are contingent upon
receipt of public notice and hearing documentation from the State. EPA
is proposing this action under the Clean Air Act obligation to take
action on State submittals of revisions to state implementation plans.
The intended effect is to update the rules governing permitting in the
applicable state implementation plan and to rescind unnecessary
provisions from the applicable plan. EPA is taking comments on this
proposal and plans to follow with a final action.

DATES: Any comments must arrive by June 18, 2007.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0165, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-

line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through
http://www.regulations.gov or e-mail. www.regulations.gov is an ``anonymous

access'' system, and EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send e-mail directly to EPA, your e-mail address will be automatically
captured and included as part of the public comment. 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region

IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3534<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us'' and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. Which rules did the state submit or rescind?
    B. What is the regulatory history of the Nevada SIP?
    C. What is the purpose of this proposed rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and proposed action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. Which rules did the state submit or rescind?

    On February 16, 2005, the State of Nevada's Department of
Conservation and Natural Resources, Division of Environmental
Protection (NDEP) submitted a large revision to the applicable State
Implementation Plan (SIP). The February 16, 2005 SIP revision submittal
includes statutory provisions, new or amended rules as well as requests
for rescission of certain statutory provisions and rules approved by
EPA into the applicable SIP. The rules and rescission requests
submitted by NDEP on February 16, 2005 relate to definitions,
administrative requirements, prohibitory rules, and permitting-related
requirements and procedures. The February 16, 2005 SIP submittal also
includes documentation of public notice and hearing for all of the new
or amended rules through the hearing on November 30, 2004 held by the
Nevada State Environmental Commission.
    On January 12, 2006, NDEP re-submitted most of the earlier
submittal as modified to reflect new or amended rules adopted by the
State Environmental Commission on October

4, 2005. The January 12, 2006 SIP revision submittal supersedes the
regulatory portion of the earlier SIP revision submittal but is not a
complete re-submittal of the earlier submittal in that it did not
include the documentation of public notice and hearing previously
submitted. The January 12, 2006 SIP revision submittal does include
such documentation for amendments adopted by the commission on October
4, 2005.
    On December 8, 2006, NDEP submitted a SIP revision supplementing
and superseding certain rules submitted on January 12, 2006 to reflect
amendments adopted by the State Environmental Commission on September
6, 2006. The December 8, 2006 SIP revision submittal contains the
amended rules and related documentation of public notice and hearing.
Our consideration of the rules submitted on January 12, 2006 and
December 8, 2006 is made herein in light of the public participation
documentation contained in those two submittals as well as the February
16, 2005 submittal. With some specific exceptions, none of the three
submittals contains documentation of public notice and hearing for the
State's rescissions.
    The primary purpose of these SIP revision submittals is to clarify
and harmonize the provisions approved by EPA under section 110 of the
Clean Air Act (``Act'' or CAA) with the current provisions adopted by
the State. Because these submittals incorporate so many changes from
the 1970s and 1980s vintage SIP regulations, EPA has decided to review
and act on them in a series of separate actions. The first such action,
related to various definitions, sulfur emission rules, and restrictions
on open burning and use of incinerators, was proposed in the Federal
Register on September 13, 2005 (70 FR 53975) and finalized on March 27,
2006 (71 FR 15040). The second such action, related to statutory
authority, was proposed on June 9, 2006 (71 FR 33413) and finalized on
August 31, 2006 (71 FR 51766). A third action, related to most of the
State's rescissions, was proposed on August 28, 2006 (71 FR 50875); EPA
finalized most of the proposed rescissions on January 3, 2007 (72 FR
11). A fourth action, related to monitoring and VOC rules, was proposed
on August 31, 2006 (71 FR 51793) and finalized on December 11, 2006 (71
FR 71486).
    In today's action, we are taking another step in the process of
acting on the State's January 12, 2006, and December 8, 2006 SIP
revision submittals by proposing action on the State's submittal of
rules governing applications for, and issuance of, permits for
stationary sources.\1\ We are also proposing action on the State's
requests for rescission of certain permit-related rules in the existing
SIP. The remaining portions of the submittals will be acted on in
future Federal Register actions.
---------------------------------------------------------------------------

    \1\ We note that the stationary source permitting rules that are
the subject of this proposal are not intended to satisfy the
requirements for pre-construction review and permitting of major
sources or major modifications under part C (``Prevention of
significant deterioration of air quality'') or part D (``Plan
requirements for nonattainment areas'') of title I of the Clean Air
Act. Of the 100+ permit-related rules or statutes that were
submitted by NDEP for approval or for rescission, we are proposing
action today on all but two. We are deferring action on the State's
requests for rescission of rule 25 of general order number 3 of the
Nevada Public Service Commission and Nevada Revised Statutes (NRS)
704.820 to 704.900--Construction of utility facilities: utility
environmental protection act. Rule 25 of general order number 3 and
NRS 704.820-900 relate to new source review under part D, and as
such, we will take action on the State's related rescissions after
the State submits, and we take action on, a revised
``nonattainment'' new source review program under part D of title I
of the Clean Air Act.
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B. What is the regulatory history of the Nevada SIP?

    Pursuant to the Clean Air Amendments of 1970, the Governor of
Nevada submitted the original Nevada SIP to EPA in January 1972. EPA
approved certain portions of the original SIP and disapproved other
portions under CAA section 110(a). See 37 FR 10842 (May 31, 1972). For
some of the disapproved portions of the original SIP, EPA promulgated
substitute provisions under CAA section 110(c).\2\ This original SIP
included various rules, codified as articles within the Nevada Air
Quality Regulations (NAQR), and various statutory provisions codified
in chapter 445 of the Nevada Revised Statutes (NRS). In the early
1980's, Nevada reorganized and re-codified its air quality rules into
sections within chapter 445 of the Nevada Administrative Code (NAC).
Today, Nevada codifies its air quality regulations in chapter 445B of
the NAC and codifies air quality statutes in chapter 445B (``Air
Pollution'') of title 40 (``Public Health and Safety'') of the NRS.
---------------------------------------------------------------------------

    \2\ Provisions that EPA promulgates under CAA section 110(c) in
substitution of disapproved State provisions are referred to as
Federal Implementation Plans (FIPs).
---------------------------------------------------------------------------

    Nevada adopted and submitted many revisions to the original set of
regulations and statutes in the SIP, some of which EPA approved on
February 6, 1975 at 40 FR 5508; on March 26, 1975 at 40 FR 13306; on
January 9, 1978 at 43 FR 1341; on January 24, 1978 at 43 FR 3278; on
August 21, 1978 at 43 FR 36932; on July 10, 1980 at 45 FR 46384; on
April 14, 1981 at 46 FR 21758; on August 27, 1981 at 46 FR 43141; on
March 8, 1982 at 47 FR 9833; on April 13, 1982 at 47 FR 15790; on June
18, 1982 at 47 FR 26386; on June 23, 1982 at 47 FR 27070; on March 27,
1984 at 49 FR 11626. Since 1984, EPA has approved very few revisions to
Nevada's applicable SIP despite numerous changes that have been adopted
by the State Environmental Commission. As a result, the version of the
rules enforceable by NDEP is often quite different from the SIP version
enforceable by EPA.

C. What is the purpose of this proposed rule?

    The purpose of this proposed rule is to present our evaluation
under the Clean Air Act and EPA's regulations of the new and amended
rules in NDEP's January 12, 2006 and December 8, 2006 SIP revision
submittals. The submitted rules relate to application for, and issuance
of, permits for stationary sources and with respect to NDEP's requests
for rescission of certain permitting-related rules from the existing
SIP. We provide our reasoning in general terms below but provide a more
detailed analysis in the technical support document (TSD) that has been
prepared for this proposed rulemaking.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Under CAA section 110(k)(2), EPA is obligated to take action on
submittals by States of SIPs and SIP revisions. CAA section 110(k)(3)
authorizes EPA to approve or disapprove, in whole or in separable part,
such submittals.
    EPA has reviewed the rules submitted on January 12, 2006 and
December 8, 2006 by NDEP governing application for, and issuance of,
permits for stationary sources and the permitting-related rules (in the
existing SIP) that the State has requested rescission for compliance
with the CAA requirements for SIPs in general set forth in CAA section
110(a)(2) and for stationary source permitting programs in particular
in 40 CFR part 51, sections 51.160 through 51.164, and also for
compliance with CAA requirements for SIP revisions in CAA section
110(l) and 193.\3\ As described below, EPA is

proposing approval of some, but full disapproval of most, of the
submitted rules and rescissions.
---------------------------------------------------------------------------

    \3\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by States to EPA and prohibits EPA from approving any SIP revision
that would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. CAA section 193 provides that no control
requirement in effect in any area which is a nonattainment area for
any air pollutant may be modified after November 15, 1990, in any
manner unless the modification insures equivalent or greater
emission reductions of such air pollutant.
---------------------------------------------------------------------------

B. Do the rules meet the evaluation criteria?

    We are proposing action on the submitted rules listed in tables 1
and 2 and on the requests for rescission of existing SIP rules listed
in table 3. Table 1 lists the submitted rules that, while permit-
related, are separable from the rest of the permit-related rules and
thus qualify for action independent of our action on the bulk of the
permit-related rules. Table 2 lists the submitted set of rules that
comprise the bulk of NDEP's stationary source permitting program
(excluding review under parts C and D of the title I of the CAA). Table
3 lists the permit-related rules (in the existing SIP) for which NDEP
has requested rescission and for which we are proposing action.

   Table 1.--Submitted Rules That Are Proposed for Action Independent of the Rest of the Permit-Related Rules
----------------------------------------------------------------------------------------------------------------
                                                                Adoption    Submittal
           Submitted rule                      Title              date         date         Proposed  action
----------------------------------------------------------------------------------------------------------------
NAC 445B.021........................  ``Area source''            11/03/93     01/12/06  Disapproval.
                                       defined.
NAC 445B.028........................  ``Best available           03/26/96     01/12/06  Disapproval.
                                       control technology''
                                       defined.
NAC 445B.178........................  ``Source reduction''       03/03/94     01/12/06  Disapproval.
                                       defined.
NAC 445B.196........................  ``Toxic regulated air      10/03/95     01/12/06  Disapproval.
                                       pollutant'' defined.
NAC 445B.22083......................  Construction, major        10/04/05     01/12/06  Approval.
                                       modification or
                                       relocation of plants
                                       to generate
                                       electricity using
                                       steam produced by
                                       burning of fossil
                                       fuels.
NAC 445B.250........................  Notification of            10/04/05     01/12/06  Approval.
                                       planned construction
                                       or reconstruction.
NAC 445B.252........................  Testing and sampling..     09/18/03     01/12/06  Approval.
----------------------------------------------------------------------------------------------------------------

    The separable, submitted rules are listed in table 1 along with the
applicable adoption and submittal dates and our proposed actions. As
shown in table 1, we are proposing approval of the three specific
submitted rules and disapproval of four specific submitted rules. We
are proposing approval of NAC 445B.22083, 445B.230, and 445B.252
because they strengthen the SIP and otherwise meet all applicable
requirements. We are proposing disapproval of NAC 445B.021, 445B.178,
and 445B.196 because they define terms that are not used in any of the
other submitted rules or in any of the rules of the existing SIP and
thus are unnecessary. We are also proposing to disapprove NAC 445B.028
(``Best Available Control Technology'' defined) because it is not used
in any of the other submitted rules and is used only in an existing SIP
rule for which we are proposing to grant NDEP's rescission request.\4\
The TSD provides more details concerning our proposal and rationale
with respect to each of the rules listed in table 1.
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    \4\ ``Best Available Control Technology'' (BACT) is the control
technology requirement under EPA's Prevention of Significant
Deterioration (PSD) regulations for pre-construction review and
permitting of new major sources and major modifications in
attainment or unclassifiable areas, and we would expect this
definition to be re-submitted by NDEP when they submit their rules
implementing PSD for approval by EPA as a SIP revision.
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    Table 2 lists the submitted rules governing application for, and
issuance of, permits for stationary sources under NDEP jurisdiction in
the State of Nevada, excluding rules intended to provide for review and
permitting of major sources and major modifications under parts C and D
of title I of the CAA. In our review of these submitted rules, we have
identified a number of deficiencies that lead us to conclude that the
submitted rules do not comply with the requirements of section 110 and
40 CFR part 51, sections 51.160 through 51.164 and that form the basis
for our proposed disapproval.

 Table 2.--Submitted Rules Governing Application for, and Issuance of, Permits for Stationary Sources Under NDEP
                                                  Jurisdiction
----------------------------------------------------------------------------------------------------------------
               Submitted rule                               Title                  Adoption date  Submittal date
----------------------------------------------------------------------------------------------------------------
NAC 445B.003...............................  ``Adjacent properties'' defined....        11/03/93        01/12/06
NAC 445B.0035..............................  ``Administrative revision to a             08/19/04        01/12/06
                                              Class I operating permit'' defined.
NAC 445B.007...............................  ``Affected state'' defined.........        11/03/93        01/12/06
NAC 445B.013...............................  ``Allowable emissions'' defined....        10/04/05        01/12/06
NAC 445B.014...............................  ``Alteration'' defined.............        10/03/95        01/12/06
NAC 445B.016...............................  ``Alternative operating scenarios''        10/03/95        01/12/06
                                              defined.
NAC 445B.019...............................  ``Applicable requirements'' defined        01/22/98        01/12/06
NAC 445B.035...............................  ``Class I-B application'' defined..        10/03/95        01/12/06
NAC 445B.036...............................  ``Class I source'' defined.........        08/19/04        01/12/06
NAC 445B.037...............................  ``Class II source'' defined........        09/18/01        01/12/06
NAC 445B.038...............................  ``Class III source'' defined.......        09/18/01        01/12/06
NAC 445B.044...............................  ``Construction'' defined...........        10/04/05        01/12/06
NAC 445B.046...............................  ``Contiguous property'' defined....        09/16/76        01/12/06
Sec. 2 of R096-05..........................  ``Dispersion technique'' defined...        10/04/05        01/12/06
Sec. 3 of R096-05..........................  ``Excessive concentration'' defined        10/04/05        01/12/06
NAC 445B.066...............................  ``Existing stationary source''             10/03/95        01/12/06
                                              defined.
NAC 445B.068...............................  ``Facility'' defined...............        10/03/95        01/12/06
NAC 445B.069...............................  ``Federally enforceable'' defined..        11/03/93        01/12/06
NAC 445B.070...............................  ``Federally enforceable emissions          11/03/93        01/12/06
                                              cap'' defined.

NAC 445B.082...............................  ``General permit'' defined.........        10/03/95        01/12/06
Sec. 4 of R096-05..........................  ``Good engineering practice stack          10/04/05        01/12/06
                                              height'' defined.
NAC 445B.087...............................  ``Increment'' defined..............        11/03/93        01/12/06
NAC 445B.093...............................  ``Major modification'' defined.....        08/19/04        01/12/06
NAC 445B.094...............................  ``Major source'' defined...........        05/10/01        01/12/06
NAC 445B.0945..............................  ``Major stationary source'' defined        08/19/04        01/12/06
NAC 445B.099...............................  ``Modification'' defined...........        10/03/95        01/12/06
NAC 445B.104...............................  ``Motor vehicle'' defined..........        05/10/01        01/12/06
Sec. 5 of R096-05..........................  ``Nearby'' defined.................        10/04/05        01/12/06
NAC 445B.108...............................  ``New stationary source'' defined..        10/03/95        01/12/06
NAC 445B.117...............................  ``Offset'' defined.................        10/03/95        01/12/06
NAC 445B.123...............................  ``Operating permit'' defined.......        11/19/02        01/12/06
NAC 445B.124...............................  ``Operating permit to construct''          11/19/02        01/12/06
                                              defined.
NAC 445B.1345..............................  ``Plantwide applicability                  08/19/04        01/12/06
                                              limitation'' defined.
NAC 445B.138...............................  ``Potential to emit'' defined......        03/26/98        01/12/06
NAC 445B.142...............................  ``Prevention of significant                11/03/93        01/12/06
                                              deterioration of air quality''
                                              defined.
NAC 445B.147...............................  ``Program'' defined................        11/03/93        01/12/06
NAC 445B.154...............................  ``Renewal of an operating permit''         11/03/93        01/12/06
                                              defined.
NAC 445B.156...............................  ``Responsible official'' defined...        11/03/93        01/12/06
NAC 445B.157...............................  ``Revision of an operating permit''        08/19/04        01/12/06
                                              defined.
NAC 445B.179...............................  ``Special mobile equipment''               05/10/01        01/12/06
                                              defined.
NAC 445B.187...............................  ``Stationary source'' defined......        05/10/01        01/12/06
NAC 445B.194...............................  ``Temporary source'' defined.......        05/10/01        01/12/06
NAC 445B.287...............................  Operating permits: General                 08/19/04        01/12/06
                                              requirements; exception;
                                              restriction on transfers.
NAC 445B.288...............................  Operating permits: Exemptions from         05/10/01        01/12/06
                                              requirements; insignificant
                                              activities.
NAC 445B.295...............................  Application: General requirements..        09/06/06        12/08/06
NAC 445B.297...............................  Application: Submission of                 08/19/04        01/12/06
                                              application and supplementary or
                                              corrected information.
NAC 445B.298...............................  Application: Official date of              08/19/04        01/12/06
                                              submittal.
NAC 445B.305...............................  Operating permits: Imposition of           10/03/95        01/12/06
                                              more stringent standards for
                                              emissions.
NAC 445B.308...............................  Prerequisites and conditions for           09/06/06        12/08/06
                                              issuance of operating permits:
                                              Environmental evaluation;
                                              compliance with control strategy;
                                              exemption from environmental
                                              evaluation.
NAC 445B.310...............................  Environmental evaluation:                  09/06/06        12/08/06
                                              Applicable sources.
NAC 445B.311...............................  Environmental evaluation: Required         09/06/06        12/08/06
                                              information.
NAC 445B.313...............................  Method for determining heat input:         11/19/02        01/12/06
                                              Class I sources.
NAC 445B.3135..............................  Method for determining heat input:         11/19/02        01/12/06
                                              Class II sources.
NAC 445B.314...............................  Method for determining heat input:         11/19/02        01/12/06
                                              Class III sources.
NAC 445B.315...............................  Contents of operating permits:             11/19/02        01/12/06
                                              Exception for operating permits to
                                              construct; required conditions.
NAC 445B.318...............................  Operating permits: Separate permit         09/06/06        12/08/06
                                              required for each source; form of
                                              application; issuance or denial of
                                              permit; posting of permit.
NAC 445B.319...............................  Operating permits: Administrative          08/19/04        01/12/06
                                              amendment.
NAC 445B.325...............................  Operating permits: Termination,            01/22/98        01/12/06
                                              reopening and revision, revision,
                                              or revocation and reissuance.
NAC 445B.326...............................  Operating permits: Assertion of            11/03/93        01/12/06
                                              emergency as affirmative defense
                                              to action for noncompliance.
NAC 445B.331...............................  Request for change of location of          09/06/06        12/08/06
                                              emission unit.
NAC 445B.3361..............................  General requirements...............        09/06/06        12/08/06
NAC 445B.3363..............................  Operating permit to construct:             09/06/06        12/08/06
                                              Application.
NAC 445B.33637.............................  Operating permit to construct for          08/19/04        01/12/06
                                              approval of plantwide
                                              applicability limitation:
                                              Application.
NAC 445B.3364..............................  Operating permit to construct:             09/06/06        12/08/06
                                              Review of application and
                                              determination of completeness by
                                              director; notice.
NAC 445B.3365..............................  Operating permit to construct:             09/06/06        12/08/06
                                              Required conditions.
NAC 445B.33656.............................  Operating permit to construct for          09/06/06        12/08/06
                                              approval of plantwide
                                              applicability limitation: Required
                                              conditions and information.
NAC 445B.3366..............................  Operating permit to construct:             09/06/06        12/08/06
                                              Expiration; extension.
NAC 445B.3368..............................  Application: Additional                    08/19/04        01/12/06
                                              requirements; exception.
NAC 445B.3375..............................  Class I-B application: Filing              09/06/06        12/08/06
                                              requirement.
NAC 445B.3395..............................  Review of application and                  09/06/06        12/08/06
                                              determination of completeness by
                                              director; notice; expiration of
                                              permit.
NAC 445B.340...............................  Prerequisites to issuance, revision        01/22/98        01/12/06
                                              or renewal of permit.
NAC 445B.342...............................  Revision of permit: Exception when         09/06/06        12/08/06
                                              making certain changes;
                                              notification of changes.
NAC 445B.3425..............................  Minor revision of permit...........        08/19/04        01/12/06
NAC 445B.344...............................  Significant revision of permit.....        11/19/02        01/12/06
NAC 445B.3441..............................  Administrative revision of permit          09/06/06        12/08/06
                                              to incorporate conditions of
                                              certain permits to construct.

NAC 445B.3443..............................  Renewal of permit..................        02/26/04        01/12/06
NAC 445B.3453..............................  Application: General requirements..        11/19/02        01/12/06
NAC 445B.3457..............................  Application: Determination of              09/06/06        12/08/06
                                              completeness by director.
NAC 445B.346...............................  Required contents of permit........        10/03/95        01/12/06
NAC 445B.3465..............................  Application for revision...........        10/04/05        01/12/06
NAC 445B.3473..............................  Renewal of permit..................        02/26/04        01/12/06
NAC 445B.3477..............................  Class II general permit............        11/19/02        01/12/06
NAC 445B.3485..............................  Application: General requirements..        09/06/06        12/08/06
NAC 445B.3487..............................  Application: Determination of              09/06/06        12/08/06
                                              completeness by director.
NAC 445B.3489..............................  Required content of permits........        09/06/06        12/08/06
NAC 445B.3493..............................  Application for revision...........        09/18/01        01/12/06
NAC 445B.3497..............................  Renewal of permits.................        02/26/04        01/12/06
----------------------------------------------------------------------------------------------------------------

    First, we find that certain submitted rules use undefined terms,
contain incorrect citations, rely on rules or statutory provisions that
have not been submitted for approval as part of the SIP, or multiple
versions of the same rule were included in the same submittal, and thus
are unnecessarily ambiguous. Specifically, NAC 445B.3366 relies on the
term, ``commence,'' that is not defined in the SIP for contexts outside
of CAA section 111. NAC 445B.069 includes incorrect citations to EPA
regulations. The following submitted rules rely on rules or statutory
provisions that have not been submitted: NAC 445B.287 (citing
subsection (2)), NAC 445B.104 (citing NRS 485.050), NAC 445B.179
(citing NRS 482.123), and NAC 445B.311 (citing 445B.083). More than one
version of the following rules was submitted on December 8, 2006: NAC
445B.308, NAC 445B.3363, and NAC 445B.3364. NDEP must define the
relevant term, correct the citations, submit the relevant rules and
statutory provisions for approval into the SIP, and submit a single
version of those rules for which multiple versions were submitted.
    Second, the definition of ``potential to emit'' in submitted rule
NAC 445B.138 must be revised to require effective limits and to include
criteria by which a limit is judged to be practicably enforceable by
NDEP.
    Third, NDEP's stationary source program may not be as inclusive as
required under the CAA depending upon whether the exclusion of
``special mobile equipment'' from the definition of ``stationary
source'' in submitted rule NAC 445B.187 extends to engines and vehicles
that are not considered to be ``nonroad.'' Absent a satisfactory
explanation by NDEP, the definition must be amended accordingly.
    Fourth, the method for determining heat input for class I sources
in submitted rule NAC 445B.313 must be amended to require combustion
sources to make applicability determinations based on the maximum heat
input.
    Fifth, NAC 445B.331 (``Request for change of location of emission
unit'') must be amended to limit its applicability to location changes
within the confines of the existing stationary source at which the
emission unit is originally permitted. Relocation of an emission unit
to a site outside of the existing source at which it is originally
permitted should trigger new source review.
    Sixth, the submitted rule NAC 445B.3477 (``Class II general
permit'') does not identify the requirements for general permits, the
public participation requirements for issuing such permits, nor the
criteria by which stationary sources may qualify for such a permit. To
be approved, the rule must be amended accordingly.
    Seventh, NAC 445B.311 allows for NDEP to authorize use of a
modification or substitution of a model specified in appendix W of 40
CFR part 51 without EPA approval and must be amended accordingly to
comply with 40 CFR 51.160(f).
    Eighth, to comply with 40 CFR 51.161 (``Public availability of
information''), the relevant submitted rules must be amended to provide
for adequate public review of new or modified class II sources. Under
submitted rule NAC 445B.3457 (``Application: Determination of
completeness by Director''), NDEP may initiate public notice and
comment if, after review of an application for a class II permit, NDEP
determines that the change to the stationary source results in a
significant change in air quality at any location where the public is
present on a regular basis. Such a provision does not provide well-
defined objective criteria for determining when public notice is
required to meet the requirements of 40 CFR 51.161.
    With respect to issue of public review of proposed permits, the
submitted provisions for class I sources are generally acceptable with
one exception; NAC 445B.3364 must be amended to specifically require
that copies of NDEP's review and preliminary intent to issue or deny a
class I operating permit be sent to Washoe County Health District for
those sources proposed to be constructed or modified in Washoe County
and to the Clark County Department of Air Quality and Environmental
Management in Clark County. Also, the rules must be amended to provide
for public participation for sources of lead with PTE's greater than 5
tons per year. See 40 CFR 51.100(k)(2) and 40 CFR 51.161(d).
    Ninth, while the affirmative defense provision in NAC 445B.326 is
acceptable as applied to permit conditions, it is not approvable under
CAA section 110(a)(2) if applied to technology-based emission
limitations approved into the SIP. Because of the potential for
confusion, NAC 445B.326 should be withdrawn from further consideration
as part of the Nevada SIP or must be revised to clarify that the
affirmative defense applies only to actions brought for noncompliance
of permit conditions and not to technology-based emission limitations
approved into the SIP.
    Lastly, while the submitted rules include a specific prohibition on
approving a permit for any source where the degree of emission
limitation required is affected by that amount of the stack height as
exceeds good engineering practice stack height or any other dispersion
technique, the relevant provision (i.e., 445B.308(3)) includes
director's discretion (* * * if ``the Director determines'' * * *),
which must be removed in order for EPA to approve the rules as meeting
the requirements of 40 CFR 51.164.

    The TSD provides more details concerning our proposal and rationale
with respect to each of the issues discussed above in connection with
the rules listed in table 2. In the TSD, we also identify certain other
deficiencies in the rules listed in table 2 that we do not view as
approvability issues but that we recommend for further clarification or
correction.
    Table 3 lists the permit-related rules in the existing SIP for
which NDEP has requested rescission and for which we are proposing
action. Table 3 lists these rules along with the dates they were
submitted to EPA and the dates on which we published approval of them
into the SIP in the Federal Register. As shown in table 3, we are
proposing approval of rescission requests for NAQR article 13.1.3(3)
and NAC 445.706(2) and proposing disapproval of rescission requests for
NAQR article 1.60 and 1.72 and NAC 445.715.

 Table 3.--Existing SIP Rules for Which the State Has Requested Rescission and for Which We Are Proposing Action
----------------------------------------------------------------------------------------------------------------
                                                                        Approval date and
        Existing SIP rule                Title         Submittal date           FR            Proposed  action
----------------------------------------------------------------------------------------------------------------
Article 1.60....................  Effective date.....        12/29/78  08/27/81 at 46 FR    Disapproval.
                                                                        43141.
NAQR Article 1.72...............  Existing facility..        12/10/76  08/21/78 at 43 FR    Disapproval.
                                                                        36932.
NAQR Article 13, subsection       [BACT requirement          03/17/80  04/14/81 at 46 FR    Approval.
 13.1.3(3).                        in attainment                        21758.
                                   areas].
NAC 445.706(2)..................  [payment of fees]..        10/26/82  03/27/84 at 49 FR    Approval.
                                                                        11626.
NAC 445.715.....................  Operation permits:         10/26/82  03/27/84 at 49 FR    Disapproval.
                                   Revocation.                          11626.
----------------------------------------------------------------------------------------------------------------

    We are proposing approval of the rescission request for NAQR
article 13.1.3(3), which applies a control technology requirement
defined by Best Available Control Technology (BACT) to certain new
sources in attainment areas for the following reasons:
     Air pollution permit programs developed by States under
section 110 of the Clean Air Act are not required to impose a BACT
requirement on new sources in attainment areas so long as the program
is not intended to satisfy part C of title I of the Act;
     Rescission of the SIP BACT requirement would only act
prospectively and would not relax emission limits in any existing
permits;
     Rescission would not eliminate the BACT requirement for
all new sources in Nevada given that BACT continues to be a requirement
for new major sources and major modifications in attainment areas under
EPA's prevention of significant deterioration regulations at 40 CFR
52.21 (see 40 CFR 52.1485); and
     We find no evidence to suggest that Nevada is relying on
the BACT requirement in NAQR article 13.1.3(3) to maintain the National
Ambient Air Quality Standards (NAAQS) in any area.
    Thus, we find that rescission of the BACT requirement in NAQR
article 13.1.3(3) from the SIP would not interfere with continued
attainment of the NAAQS and can therefore be approved under CAA section
110(l).
    We are proposing approval of the rescission request for NAC
445.706(2), which relates to permit fees, because permit fee rules are
no longer required for the NDEP portion of the Nevada SIP under CAA
section 110(a)(2)(L) given our approval of NDEP's title V program (and
related fee requirements). Our proposed approval of the rescission
requests for NAQR article 13.1.3(3) and NAC 445.706(2) is contingent
upon receipt of documentation from NDEP of notice and public hearing
for repeal or rescission of these provisions as required under CAA
section 110(l) for all SIP revisions.
    We are proposing disapproval of the rescission request for NAQR
article 1.60 because it defines a term, ``effective date,'' that is
relied upon by other terms in the existing SIP that NDEP intends to
retain, such as ``existing source'' as defined in NAQR article 1.73 and
``new source'' as defined in NAQR article 1.114. We find that the
rescission requests for NAQR article 1.72 and NAC 445.715 could
otherwise be approved but for the fact that we are proposing
disapproval of the submitted set of rules comprising NDEP's current
stationary source permitting program (listed in table 2, above). NAQR
article 1.72 and NAC 445.715 need to be retained in connection with the
stationary source permitting program as approved in the existing SIP,
and thus we are proposing to disapprove their related rescission
requests at this time. The TSD provides more details concerning our
proposal and rationale with respect to each of the rules listed in
table 3.

C. Public Comment and Proposed Action

    Under CAA section 110(k)(3) and for the reasons stated above, EPA
is proposing, under the Clean Air Act, approval of certain revisions to
the applicable Nevada SIP and full disapproval of certain other
revisions. These revisions involve State rules governing applications
for, and issuance of, permits for stationary sources, but not including
pre-construction review and permitting of major sources and major
modifications under parts C and D of title I of the Clean Air Act. NDEP
submitted the rules that are the subject of this proposal on January
12, 2006 and re-submitted amendments to some of these rules on December
8, 2006.
    Specifically, we are proposing approval of three specific submitted
rules and disapproval of one such rule (see table 1, above); full
disapproval of the rest of the submitted rules that comprise NDEP's
stationary source permitting program (see table 2, above); and approval
of two, and disapproval of three, requests for rescission of rules from
the existing SIP (see table 3, above). The rescission requests for
which we propose approval are contingent upon receipt of public notice
and hearing documentation from the State. We will accept comments from
the public on this proposal for the next 60 days.
    Unless we receive convincing new information during the comment
period, we intend to publish a final rule that will approve three rules
shown in table 1, above, as revisions to the Nevada SIP;\5\ disapprove
one rule shown in table 1 and all of the submitted rules shown in table
2, above; rescind two rules shown in table 3, above, from the Nevada
SIP (contingent upon receipt of public notice and hearing
documentation); and retain three rules (also shown in table 3) in the
Nevada SIP. If we finalize our disapproval of the relevant submitted
rules, we will not be imposing sanctions under CAA section

179 and 40 CFR 52.31 because the State of Nevada has an approved
stationary source permitting program in the applicable SIP and is not
required under the Clean Air Act to submit its updated stationary
source permitting program to EPA for approval.\6\
---------------------------------------------------------------------------

    \5\ Final approval of these rules would supersede the following
rules in the applicable SIP (superseding rules shown in parentheses)
upon the established compliance date for any new or amended
requirements in the superseding rules: NAC 445B.22083, as submitted
on November 30, 2003 (NAC 445B.22083); NAQR article 2.16.1 (NAC
445B.250); and NAC 445.682 (NAC 445B.252).
    \6\ In this context, we are referring to NDEP's program for
issuing pre-construction permits for all new sources and
modifications other than those for which part C (i.e., PSD) or part
D (i.e., Nonattainment NSR) of title I of the CAA apply and for
issuing operating permits under title I of the CAA (not title V).
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely proposes to approve or disapprove new or amended state
rules, or to approve or disapprove requests for rescission of
previously-approved state rules, as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this proposed rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule proposes to approve or disapprove pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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).
    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve or disapprove new or amended state rules, or
to approve or disapprove requests for rescission of previously-approved
state rules, implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Lead, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.

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

    Dated: April 4, 2007.
Jane Diamond,
Acting Regional Administrator, Region IX.
 [FR Doc. E7-7285 Filed 4-16-07; 8:45 am]

BILLING CODE 6560-50-P


Comment Info: =================

General Comment:To the governing body who presumes over this issue - A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days. Unless something contains tobacco, then it isn't a tobacco product.


SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NSPS for Incinerators (40 CFR Part 60, Subpart E) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Incinerators (40 CFR Part 60, Subpart E), EPA ICR Number 1058.10, OMB Control Number 2060-0040

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for Incinerators were promulgated on July 25, 1977.  These standards apply to incinerators that charge more than 45 metric tons per day (50 tons per day) of solid waste for the purpose of reducing the volume of the waste after promulgation of NSPS.  Solid waste is defined as refuse that is more than 50 percent municipal wastes.  This information is being collected to assure compliance with 40 CFR part 60, subpart E.

Owners or operators of the affected facilities described must make one-time-only notifications including: (1) notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; (2) notification of the initial performance test, including information necessary to determine the conditions of the performance test; and (3) performance test measurements and results.  Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction (SSM) in the operation of an affected facility, or any period during which the monitoring system is inoperative.  Monitoring requirements specific to NSPS, subpart E, provides information on daily charging rates and the hours of operation.

Approximately 82 sources are currently subject to the regulation.  It is estimated that no new sources will become subject to 40 CFR part 60, subpart E, in the next three years, as new sources will be subject to either 40 CFR part 60, subpart Eb, or 40 CFR part 60, subpart AAAA.  Large Municipal Waste Combustors (MWC) with a capacity greater than 250 tons per day that are constructed, modified, or reconstructed after September 20, 1994 are subject to 40 CFR part 60, subpart Eb.  Small MWCs with capacities of 35 to 250 tons per day of municipal solid waste that commenced construction after August 30, 1999, or commenced reconstruction or modification after June 6, 2001, are subject to 40 CFR part 60, subpart AAAA.  While it is not anticipated that new sources will be subject to reporting requirements, existing sources will still need to comply with the recordkeeping requirements of the regulations.  The average annual labor cost to industry over the next three years of this Information Collection Request (ICR) is estimated to be $793,858.  Annual operation and maintenance costs are estimated to be $205,000, and there are no capital/startup costs associated with this ICR renewal.

Any owner or operator subject to the provisions of this part will maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.  All reports are sent to the delegated state or local authority.

In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

The active (previous) ICR had the following Terms of Clearance (TOC):

The burden and cost assumptions and calculations for the respondents and the agency should be updated in the next renewal.

EPA has addressed the TOC by updating respondent assumptions using September 2009 labor rates from the United States Department of Labor, Bureau of Labor Statistics.  Agency assumptions were updated using the Office of Personnel Management (OPM), 2010 General Schedule for Agency labor.  Respondent and Agency cost assumptions are provided in Sections 6(b)(i) and 6(c) of this document.

The burden to the “Affected Public” may be found below in Table 1: Annual Respondent Burden and Cost - NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal).  The burden to the “Federal government” is attributed entirely to work performed by federal employees or government contractors; this burden may be found below in Table 2: Average Annual EPA Burden - NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal).

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In the Administrator's judgment, particulate matter emissions from municipal incinerators cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart E.

2(b)  Practical Utility/Users of the Data

The control of emissions of particulate matter from municipal incinerators requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment.  Emissions of particulate matter from municipal incinerators are the result of operation of the affected facilities.  The subject standards are achieved by the reduction of particulate matter emissions using control technology and leak detection and repair (LDAR) procedures.  The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and leaks are being detected and repaired and the regulations are being met.

Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved.  The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities that are affected by the NSPS continue to operate the control equipment in compliance with the regulation.  Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act.  The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 60, subpart E.

3(a)  Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or a local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on July 30, 2009 (74 FR 38004).  No comments were received on the burden published in the Federal Register.

3(c)  Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data sources and projections of industry growth over the next three years have been considered during a previous renewal of this ICR.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, was the Air Facility System (AFS) which is operated and maintained by the EPA Office of Compliance.  AFS is the EPA database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry was based on our consultations with the Agency’s internal industry experts.  Approximately 82 respondents would be subject to the standard over the three-year period covered by this ICR.

	Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.  In this case, no comments were received.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3(e)  General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5(d)(2).

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are incinerators.  The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards, which corresponds to the North American Industry Classification System (NAICS) codes, are listed below for source category description.

Standard (40 CFR part 60, subpart E)	SIC Codes	NAICS Codes

Air and Water Resource and Solid Waste Management	9511	924110

Refuse Systems (hazardous waste treatment and disposal)	4953	562211

Refuse Systems (material recovery facilities)	4953	562920

Refuse Systems (other nonhazardous waste treatment and disposal)	4953 562219

Refuse Systems (solid waste combustors and incinerators)	4953	562213

Refuse Systems (solid waste landfills)	4953	562212

Data from the year 2000 inventory of large municipal waste combustors (MWCs) and the year 2001 inventory of small MWCs indicated that on average 75.5 percent of large and small MWCs are publicly owned, while the remaining 24.5 percent are privately owned.

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5(d)(2).

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by New Source Performance Standards, for Incinerators (40 CFR part 60, subpart E).

A source must make the following reports:

Notification Reports	Standard Citation by Section

Notification and application of construction or modification.	60.7(a)(1)

Notification of anticipated date of startup.	60.7(a)(2)

Notification of actual startup.	60.7(a)(3)

Notification of physical or operational change which may increase the regulated pollutant emission rate.	60.7(a)(4)

Notification of initial performance tests.	60.8(d), 60.52(a), and 60.54(a)

Initial performance test results, to determine the conditions of the performance test, and performance test measurements and results. 60.8(d), 60.52(a), and 60.54(a)

A source must keep the following records:

Recordkeeping

Records of the occurrence and duration of any startup, shutdown, or malfunction in operation of an affected facility.	60.7(b)

Records of malfunctions of the air pollution control equipment.	60.7(b)

Records of periods when the system is inoperative.	60.7(b)

Records of daily charging rates and hours of operation.	60.53(a)

Records of the initial performance test and performance test measurements and results.	60.8(c), 60.52(a) and 60.54(a)

Maintain records for two years	60.7(f)

Electronic Reporting

Currently, sources are using monitoring equipment that provides parameter data in an automated way, e.g., gases which contain particulate matter.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.  In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden.  However, electronic reporting systems are still not widely used by the regulatory agencies.  It is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate compliance monitoring system (CMS) for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method 1, 2, 3B, and 5 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently, sources are using automated monitoring equipment that provides parameter data.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection Methodology, and

Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System.

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by the EPA Office of Compliance.  AFS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5(c)  Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., large businesses).  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

	Data from a 1996 inventory of municipal waste combustors indicated that 21 percent of affected sources were located in an area with less than 50,000 people.  This was the basis of our estimate for affected small businesses for this ICR renewal.

5(d)  Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost - NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Where appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 8,393 (Total Labor Hours from Table 1).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$114.49 ($54.52 + 110%)

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2009, “Table 2. Civilian Workers, by Occupational and Industry group.”  The rates are from column 1, “Total compensation.”  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.  The capital/startup costs are one-time cost when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost,

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

Particulate Matter	$5,000	0	0	$2,500	82	$205,000

The total capital/startup costs for this ICR are $0.  This is the total of column D in the above table.  The total operation and maintenance (O&M) costs for this ICR are $205,000.  This is the total of column G.

The total respondent costs have been calculated as the addition of the capital/startup costs, and the annual operation and maintenance costs.  The average annual cost for capital/startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $205,000.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information.  The EPA compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $0.  This cost is based on the average hourly labor rate as follows:

Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM) “2010 General Schedule” which excludes locality rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden - NSPS for Incinerators, (40 CFR part 60, subpart E) (Renewal).

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, approximately 82 existing sources are currently subject to the standard.  It is estimated that no expected additional sources per year will become subject to the standard in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records but Do Not Submit Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents (E=A+B+C-D)

1	0	82	0	0	82

2	0	82	0	0	82

3	0	82	0	0	82

Average	0	82	0	0	82

1 New respondents include sources with constructed, reconstructed and modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is 82.  The number of respondents is calculated using the following table which addresses each of the three years covered by this ICR.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification reports	0	0	0	0

Compliance reports	0	0	0	0

Recordkeeping:

-  Records of SSM, emissions monitoring system, and initial performance test results	0	0	82	82

-  Records of daily charging rates and hours of operation	0	0	82	82

Total

164

The number of Total Annual Responses is 164.  The total annual labor costs are $793,858.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal).  Note that the total annual capital and O&M costs to the regulated entity are $205,000.  These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the respondents are attached.  The annual public reporting and recordkeeping burden for this collection of information are estimated to average 51 hours per response.

6(f)  Reasons for Change in Burden

There are no changes to the labor hours for the respondents in this ICR as compared to the previous ICR.  This is due to two considerations: 1) the regulations have not changed over the past three years and are not anticipated to change over the next three years; and 2) the growth rate for the respondents is very low, negative or non-existent.

There is, however, an increase in respondent labor costs due to labor rate increases from 2003 to the most recent available labor rate data.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 51 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2009-0526.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select “search,” then key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, D.C.  The EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0526 and OMB Control Number 2060-0040 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting

this information.

Table 1:  Annual Respondent Burden and Cost - NSPS for Incinerators (40 CFR Part 60, Subpart E) (Renewal).

	Burden item

(A)

Technical Person-hours per occurrence

(B)

No. of occurrences per respondent per year

(C)

Technical Person-hours per respondent per year

(C=AxB)

(D)

Respondents per year

(E)

Technical person-hours per year

(E=CxD)

(F)

Management person-hours per year

(Ex0.05)

(G)

Clerical person-hours per year

(Ex0.1)

(H)

Total Cost Per Year  a

1.  Applications

N/A

2.  Survey and Studies

N/A

3.  Reporting Requirements

A. Read instructions

1

1

1

0b,c

0

0

0

$0

B. Required activities

Initial performance test d

200

1

200

0b,c

0

0

0

$0

C. Create information on performance test

Included in 3B

D. Gather existing information

Included in 3E

E.  Write Report

Notification of construction/reconstruction

2

1

2

0b,c

0

0

0

$0

Notification of actual startup

2

1

2

0b,c

0

0

0

$0

Notification of physical and operational changes which may increase emission rates of any regulated pollutants

2

1

2

0

0

0

0

$0

Notification of initial performance test

2

1

2

0b,c

0

0

0

$0

Report of initial performance test results

4

1

4

0b,c

0

0

0

$0

Compliance status reports e

4

1

4

0

0

0

0

$0

Subtotal Reporting

	0	$0

4.  Recordkeeping Requirements

A.  Read instructions

Included in 4E

B.  Plan activities

Included in 4E

C.  Implement activities

Included in 4E

D.  Develop record system

N/A

E.  Time to enter information

a. Record of occurrence and duration of startup, shutdown, or malfunction, emissions monitoring system, and initial performance test results.

1.5

1

1.5

82f

123

6.15

12.3

$13,379.63

b.  Records of daily charging g rates and hours of operation

.25

350

87.5

82f

7,175

358.75

717.5

$780,478.56

F.  Time to train personnel

N/A

G.  Time for audits

N/A

Subtotal Recordkeeping

8,392.7

$793,858.19

TOTAL LABOR  BURDEN AND COST (rounded)

8,393

(rounded)

$793,858 (rounded)

Assumptions:

a  This ICR uses the following labor rates: $114.49 per hour for Executive, Administrative, and Managerial labor; $98.2 per hour for Technical labor, and $48.53 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2009, ”Table 2. Civilian workers, by Occupational and Industry group.”

b  Assume that there will be no new, modified or reconstructed facility constructed for the next three years.

c  Assume that this is a one-time-only cost.

d  Assume it takes 60 technical person-hours for pretests/test preparation, 60 hours for testing, and 80 hours for analysis and report preparation.

e  This rule does not require semiannual reporting, just recordkeeping.

f  Assume that there are 82 sources subject to this rule.

g  Assume it will take .25 hours per day for 350 days to record daily charging rates.

Table 2:  Average Annual EPA Burden - NSPS for Incinerators (40 CFR Part 60, Subpart E) (Renewal)

	Burden Item

(A)

Technical Person Hours Per Occurrence

(B)

Number of Occurrences Per Year

(C)

Technical Person Hours Per Plant Per Year

(C=AxB)

(D)

Plants Per Year

(E)

Technical Hours Per Year

(E=CxD)

(F)

Management Hours Per Year

(F=0.05xE)

(G)

Clerical Hours Per Year

(G=0.1xE)

(H)

Total a Costs Per Year

Report Review

Notification of construction/ reconstruction

2

1

2

0b,c

0

0

0

$0

Notification of actual startup

2

1

2

0b,c

0

0

0

$0

Notification of physical and operational changes which may increase emission rates of any regulated pollutant

2

1

2

0

0

0

0

$0

Compliance status report e

4

1

4

0

0

0

0

$0

Test results e

8

1

8

0

0

0

0

$0

Audit and review facility records

6

1

6

0

0

0

0

$0

TOTAL LABOR BURDEN and COST (rounded)

0

$0

Assumptions:

a   This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 + 60%), $46.21 for Technical (GS-12, Step 1, $28.88 + 60%) and $25.01 Clerical (GS-6, Step 3, $15.63 + 60%).  These rates are from the Office of Personnel Management (OPM) (2010 General Schedule( which excludes locality rates of pay.

b  Assume that there will be one new, modified or reconstructed facility constructed over the next three years.

c  Assume that this is a one-time-only cost.

d  This rule does not require semiannual reporting, just recordkeeping.

e  Assume that it will take eight hours to review test results.

 PAGE

 PAGE   12

 PAGE


[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23290-23291]
[FR Doc No: 2016-09093]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC06-48-005.
    Applicants: Westar Energy, Inc.
    Description: Request to Terminate Mitigation Measures and Reporting
Requirement of Westar Energy, Inc.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5276.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: EC16-101-000.
    Applicants: White Pine Solar, LLC, White Oak Solar, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Expedited Action of White Pine Solar,
LLC, et. al.

    Filed Date: 4/13/16.
    Accession Number: 20160413-5258.
    Comments Due: 5 p.m. ET 5/4/16.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-87-000.
    Applicants: Peak View Wind Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Peak View Wind Energy LLC.
    Filed Date: 4/14/16.
    Accession Number: 20160414-5055.
    Comments Due: 5 p.m. ET 5/5/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1431-001.
    Applicants: Northampton Generating Company, L.P.
    Description: Compliance filing: Informational Filing and Unopposed
Request for Limited Waiver to be effective N/A.
    Filed Date: 4/7/16.
    Accession Number: 20160407-5195.
    Comments Due: 5 p.m. ET 4/28/16.

    Docket Numbers: ER16-1400-000.
    Applicants: Golden Fields Solar I, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement,
FERC Electric Rate Schedule No. 1 to be effective 4/14/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5240.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1401-000.
    Applicants: Golden Fields Solar II, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement,
FERC Electric Rate Schedule No. 1 to be effective 4/14/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5242.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1402-000.
    Applicants: Golden Fields Solar III, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement,
FERC Electric Rate Schedule No. 1 to be effective 4/14/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5243.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1403-000.
    Applicants: Golden Fields Solar IV, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement,
FERC Electric Rate Schedule No. 1 to be effective 4/14/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5244.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1404-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance--BSM Rule Renewable and
Self Supply Exemptions to be effective 10/9/2015.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5246.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1405-000.
    Applicants: Western Spirit Clean Line LLC.
    Description: Application for authorization to sell transmission
service rights at negotiated rates, request for approval of capacity
allocation process, and request for waivers of Western Spirit Clean
Line LLC.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5257.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1406-000.
    Applicants: Peak View Wind Energy LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 6/14/2016.
    Filed Date: 4/14/16.
    Accession Number: 20160414-5047.
    Comments Due: 5 p.m. ET 5/5/16.

    Docket Numbers: ER16-1406-001.
    Applicants: Peak View Wind Energy LLC.
    Description: Tariff Amendment: Supplement to April 14, 2016 Market-
Based Rate Application to be effective 6/14/2016.
    Filed Date: 4/14/16.
    Accession Number: 20160414-5054.
    Comments Due: 5 p.m. ET 5/5/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 14, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09093 Filed 4-19-16; 8:45 am]
 BILLING CODE 6717-01-P