[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Proposed Rules]
[Pages 37752-37756]
[FR Doc No: 2013-15038]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0417; FRL-9827-2]

Approval and Promulgation of Air Quality Implementation Plans;
Rescission of Federal Implementation Plan; Wyoming; Prevention of
Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions and additions to the
Wyoming State Implementation Plan (SIP) submitted by the Wyoming
Department of Environmental Quality (WDEQ) to EPA on March 8, 2013. The
proposed SIP revision to the Wyoming Prevention of Significant
Deterioration (PSD) program updates the program to regulate permitting
of sources of greenhouse gases (GHGs). Specifically, we propose to
approve revisions to Chapter 1, Common Provisions, Section 3,
Definitions, and Chapter 6, Permitting Requirements, Section 4,
Prevention of Significant Deterioration, and the addition of Chapter 1,
Section 7, Greenhouse Gases. The March 8, 2013 proposed SIP revision to
the Wyoming PSD program establishes emission thresholds for determining
which new stationary sources and modifications to existing stationary
sources become subject to Wyoming's PSD permitting requirements for
their GHG emissions. The March 8, 2013 proposed SIP revision also
defers until July 21, 2014 application of the PSD permitting
requirements to biogenic carbon dioxide emissions from bioenergy and
other biogenic stationary sources. EPA is proposing to approve the
March 8, 2013 SIP revision to the Wyoming PSD permitting program as
being consistent with federal requirements for PSD permitting. EPA is
also proposing to rescind the GHG PSD Federal Implementation Plan (FIP)
for Wyoming that was put in place to ensure the availability of a
permitting authority for GHG PSD permitting in Wyoming, which would be
effective upon final approval of the March 8, 2013 PSD SIP revision.
EPA is proposing this action under section 110 and part C of the Clean
Air Act (the Act or CAA).

DATES: Comments must be received on or before July 24, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0417, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop St.,
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding

Federal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2013-0417. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St.,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Background for Our Proposed Action
    A. History of EPA's GHG-Related Actions
    B. EPA's Biomass Deferral Rule
II. History of State Submittals
III. EPA's Analysis of the State's Submittal
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background for Our Proposed Action

    Clean Air Act (CAA) section 110(a)(2)(C) requires states to develop
and submit to EPA for approval into the state SIP preconstruction
review and permitting programs applicable to certain new and modified
stationary sources of air pollutants. There are three separate
programs: Prevention of Significant Deterioration (PSD), Nonattainment
New Source Review (NNSR), and Minor NSR. The PSD program is established
in part C of title I of the CAA and applies in areas that meet the
National Ambient Air Quality Standards (NAAQS)--``attainment areas''--
as well as areas where there is insufficient information to determine
if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program
is established in part D of title I of the CAA and applies in areas
that are not in attainment of the NAAQS--``nonattainment areas.'' The
Minor NSR program (1) addresses construction or modification activities
that do not emit, or have the potential to emit, beyond certain major
source thresholds and thus do not qualify as ``major'' and (2) applies
regardless of the designation of the area in which a source is located.
EPA regulations governing the criteria that states must satisfy for EPA
approval of the NSR programs as part of the SIP are contained in 40 CFR
sections 51.160--51.166.
    Wyoming submitted on March 8, 2013 a collection of regulations for
approval by EPA into the Wyoming SIP, including some regulations
specific to the Wyoming PSD permitting program. The March 8, 2013 SIP
submittal includes PSD permitting provisions that (1) Establish that
GHG is a regulated pollutant under the PSD program, (2) establish
emission thresholds for determining which new stationary sources and
modification projects become subject to Wyoming's PSD permitting
requirements for their GHG emissions consistent with the ``PSD and
Title V Greenhouse Gas Tailoring Final Rule'' (75 FR 31514) hereafter
referred to as the ``Tailoring Rule'', and (3) defer the application of
the PSD requirements to biogenic carbon dioxide emissions from
bioenergy and other biogenic stationary sources consistent with the
EPA's final rule ``Deferral for CO2 Emissions from Bioenergy
and other Biogenic Sources under the Prevention of Significant
Deterioration (PSD) and Title V Programs'' (76 FR 43490). More details
of the submittal are provided in sections II and III below.
    Today's proposed action presents our rationale for approving these
regulations as meeting the minimum federal requirements for the
adoption and implementation of the PSD SIP permitting programs. In
addition, Wyoming is currently subject to the GHG PSD FIP at 40 CFR
52.37(b)(2). See 75 FR 82246, December 10, 2010. We are also proposing
to rescind the GHG PSD FIP for Wyoming when we approve Wyoming's
submittal.

A. History of EPA's GHG-Related Actions

    This section briefly summarizes EPA's recent GHG-related actions
that provide the background for this action. Please see the preambles
for the identified GHG-related rulemakings for more information.
    Beginning in 2010, EPA undertook a series of actions pertaining to
the regulation of GHGs that established the overall framework for
today's final action on the Wyoming SIP. These actions include, as they
are commonly called, the ``Endangerment Finding'' and ``Cause or
Contribute Finding,'' which EPA issued in a single final action,\1\ the
``Johnson Memo Reconsideration,'' \2\ the ``Light-Duty Vehicle Rule,''
\3\ and the ``Tailoring Rule.'' \4\ Taken together and in conjunction
with the CAA, these actions established regulatory requirements for
GHGs emitted from new motor vehicles and new motor vehicle engines;

determined that such regulations, when they took effect on January 2,
2011, subjected GHGs emitted from stationary sources to PSD
requirements; and limited the applicability of PSD requirements to GHG
sources on a phased-in basis. EPA took this last action in the
Tailoring Rule, which, more specifically, established appropriate GHG
emission thresholds for determining the applicability of PSD
requirements to GHG-emitting sources.
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    \1\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \2\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
    \3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
    \4\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
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    In December 2010, EPA promulgated several rules to implement the
new GHG PSD SIP program. Recognizing that some states had approved SIP
PSD programs that did not apply PSD to GHGs, EPA issued a SIP call on
December 13, 2010, that would require those states to submit a SIP
revision providing such authority.\5\ The State of Wyoming, along with
several other states, did not submit a corrective SIP revision to apply
their CAA PSD programs to sources of GHG emissions by the established
deadline. EPA published a finding of failure to submit the required SIP
revision by the specified deadline and then promulgated the GHG PSD FIP
to ensure the availability of a permitting authority for GHG emitting
sources in Wyoming and the other states.6 7
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    \5\ ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP
Call,'' 75 FR 77698 (Dec. 13, 2010).
    \6\ ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Finding of Failure To Submit State
Implementation Plan Revisions Required for Greenhouse Gases,'' 75 FR
81874 (December 29, 2010).
    \7\ ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246
(December 30, 2010). Because Wyoming did not submit by the
established deadline, a corrective SIP revision to apply their Clean
Air Act PSD program to sources of GHGs, Wyoming is subject to the
GHG PSD FIP.
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    At the same time, EPA recognized that many other states had
approved SIP PSD programs that do apply PSD to GHGs, but that do so for
sources that emit as little as 100 or 250 tons per year (tpy) of GHG,
and that do not limit PSD applicability to GHGs to the higher
thresholds in the Tailoring Rule. Therefore, EPA issued the GHG PSD SIP
Narrowing Rule,\8\ under which, EPA converted its previous full
approval of the affected SIPs to a partial approval and partial
disapproval, to the extent those SIPs covered GHG-emitting sources
below the Tailoring Rule thresholds. EPA based its action primarily on
the ``error correction'' provisions of CAA section 110(k)(6). Many of
those states have since submitted SIP revisions that have established
the Tailoring Rule thresholds, and EPA has approved those SIP revisions
and rescinded the partial disapprovals.
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    \8\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting Sources
in State Implementation Plans,'' 75 FR 82536 (December 30, 2010).
The GHG PSD SIP Narrowing Rule does not apply to Wyoming because the
GHG PSD FIP is in place.
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B. EPA's Biomass Deferral Rule

    On July 20, 2011, EPA promulgated the final ``Deferral for
CO2 Emissions from Bioenergy and other Biogenic Sources
Under the Prevention of Significant Deterioration (PSD) and Title V
Programs'' (Biomass Deferral Rule). Following is a brief discussion of
the deferral. For a full discussion of EPA's rationale for the rule,
see the notice of final rulemaking at 76 FR 43490.
    The biomass deferral delays until July 21, 2014 the consideration
of Carbon Dioxide (CO2) emissions from bioenergy and other
biogenic sources (hereinafter referred to as ``biogenic CO2
emissions'') when determining whether a stationary source meets the PSD
and Title V applicability thresholds, including those for the
application of Best Available Control Technology (BACT). As with the
Tailoring Rule, the Biomass Deferral addresses both PSD and Title V
requirements. However, EPA is taking action on only Wyoming's PSD
program as part of this action. Stationary sources that combust biomass
(or otherwise emit biogenic CO2 emissions) and construct or
modify during the deferral period will avoid the application of PSD to
the biogenic CO2 emissions resulting from those actions. The
deferral applies only to biogenic CO2 emissions and does not
affect non-GHG pollutants or other GHGs (e.g., methane (CH4)
and nitrous oxide (N2O)) emitted from the combustion of
biomass fuel. Also, the deferral only pertains to biogenic
CO2 emissions in the PSD and Title V programs and does not
pertain to any other EPA programs such as the GHG Reporting Program.
Biogenic CO2 emissions are defined as emissions of
CO2 from a stationary source directly resulting from the
combustion or decomposition of biologically-based materials other than
fossil fuels and mineral sources of carbon. Examples of ``biogenic
CO2 emissions'' include, but are not limited to:
     CO2 generated from the biological decomposition
of waste in landfills, wastewater treatment or manure management
processes;
     CO2 from the combustion of biogas collected
from biological decomposition of waste in landfills, wastewater
treatment or manure management processes;
     CO2 from fermentation during ethanol production
or other industrial fermentation processes;
     CO2 from combustion of the biological fraction
of municipal solid waste or biosolids;
     CO2 from combustion of the biological fraction
of tire-derived fuel; and
     CO2 derived from combustion of biological
material, including all types of wood and wood waste, forest residue,
and agricultural material.
    The three-year deferral period was put in place as a temporary
measure, to allow time for EPA to complete its science and technical
review and promulgate any follow-on rulemakings based on EPA's
conclusions concerning the proper treatment of biogenic CO2
emissions in the PSD and Title V programs. In the event that EPA takes
action that supersedes the biomass deferral in fewer than three years,
Wyoming should revise its SIP accordingly.
    For stationary sources co-firing fossil fuel and biologically-based
fuel, and/or combusting mixed fuels (e.g., tire derived fuels,
municipal solid waste (MSW)), the biogenic CO2 emissions
from that combustion are included in the biomass deferral. However, the
fossil CO2 emissions are not. Emissions of CO2
from processing of mineral feedstocks (e.g., calcium carbonate) are
also not included in the deferral. Various methods are available to
calculate both the biogenic and fossil portions of CO2
emissions, including those methods contained in the GHG Reporting
Program (40 CFR Part 98). Consistent with the other pollutants in PSD
and Title V, there are no requirements to use a particular method in
determining biogenic and fossil CO2 emissions.
    EPA's final biomass deferral rule is an interim deferral for
biogenic CO2 emissions only and does not relieve sources of
the obligation to meet the PSD and Title V permitting requirements for
other pollutant emissions that are otherwise applicable to the source
during the deferral period or that may be applicable to the source at a
future date pending the results of EPA's study and subsequent
rulemaking action. This means, for example, that if the deferral is
applicable to biogenic CO2 emissions from a particular
source during the three-year effective period and the study and future
rulemaking do not provide for a permanent exemption from PSD and Title
V permitting requirements for the biogenic CO2 emissions
from a source with particular characteristics, then the deferral would

end for that type of source and its biogenic CO2 emissions
would have to be appropriately considered in any applicability
determinations that the source may need to conduct for future
stationary source permitting purposes, consistent with that subsequent
rulemaking and the Final Tailoring Rule (e.g., a major source
determination for Title V purposes or a major modification
determination for PSD purposes).
    EPA also wishes to clarify that we did not require that a PSD
permit issued during the deferral period be amended or that any PSD
requirements in a PSD permit existing at the time the deferral took
effect, such as BACT limitations, be revised or removed from an
effective PSD permit for any reason related to the deferral or when the
deferral period expires. Section 52.21(w) of 40 CFR requires that any
PSD permit shall remain in effect, unless and until it expires or it is
rescinded, under the limited conditions specified in that provision.
Thus, a PSD permit that is issued to a source while the deferral was
effective need not be reopened or amended if the source is no longer
eligible to exclude its biogenic CO2 emissions from PSD
applicability after the deferral expires. However, if such a source
undertakes a modification that could potentially require a PSD permit
and the source is not eligible to continue excluding its biogenic
CO2 emissions after the deferral expires, the source will
need to consider its biogenic CO2 emissions in assessing
whether it needs a PSD permit to authorize the modification.
    Any future actions to modify, shorten, or make permanent the
deferral for biogenic sources are beyond the scope of the biomass
deferral action and this proposed approval of the deferral into the
Wyoming SIP, and will be addressed through subsequent rulemaking. The
results of EPA's ongoing review of the science related to net
atmospheric impacts of biogenic CO2 are incomplete. The
framework to properly account for such emissions in Title V and PSD
permitting programs based on the study is also incomplete. Thus, we are
unable to determine which biogenic CO2 sources currently
subject to the deferral would be subject to any permanent exemptions,
or would be potentially required to account for their emissions after a
future rulemaking by EPA. Once EPA has taken any future rulemaking,
Wyoming should address related revisions to its SIP.

II. History of State Submittals

    As noted, on June 3, 2010, EPA promulgated the Tailoring Rule,
setting out requirements for application of PSD to emissions sources of
GHGs. Previously, updates to Wyoming's PSD permit program had been most
recently approved by EPA on July 16, 2008. As described in our notice
of approval (73 FR 40750), Wyoming's PSD program at that date met the
general requirements of CAA section 110(a)(2)(C).
    On December 13, 2010, EPA published a finding of substantial
inadequacy and a SIP call for 13 states and localities, including
Wyoming, on the basis, as described above, that the states' SIP-
approved PSD programs did not apply PSD to GHG-emitting sources as
required. EPA included Wyoming on the basis of comments from Wyoming
that state law (specifically, Wyoming Statutes section 35-11-213)
prevented it from revising its SIP to incorporate the GHG provisions of
the Tailoring Rule. Seven of those states, including Wyoming, received
a deadline of December 22, 2010 to submit the required SIP revisions,
after indicating that they would not oppose EPA's imposition of that
deadline. On December 29, 2010, EPA published a finding that Wyoming
and the other six states had failed to submit the required SIP
revisions (75 FR 81874). Finally, on December 30, 2010, EPA published a
FIP for Wyoming and the other six states to ensure that PSD permits for
sources emitting GHGs could be issued and that incorporated the
Tailoring Rule thresholds (75 FR 82246). EPA made clear in the SIP call
and FIP rulemakings that the purpose of the rulemakings and their
expedited schedules was to ensure that GHG-emitting sources in the
affected states would have available a permitting authority to act on
the GHG PSD permit applications by the January 2, 2011 date that GHGs
became subject to PSD. EPA also emphasized that its ``overarching goal
is to assure that in every instance, it will be the state that will be
the permitting authority,'' and that as a result, EPA sought to return
permitting authority to the states as soon as possible. 75 FR at 77717
(SIP call final rule).
    Since then, Wyoming's Legislature has twice amended Wyoming
Statutes section 35-11-213 to allow for regulation of GHGs. First,
during the 2012 legislative session, the Wyoming Legislature directed
the Wyoming DEQ and the Wyoming Environmental Quality Council to
``adopt regulations to amend Wyoming's Clean Air Act state
implementation plan and Wyoming's Title V operating permit program to
the extent necessary to obtain state primacy over the regulation of
greenhouse gases by the U.S. EPA.'' Then, during the 2013 legislative
session, the Wyoming Legislature authorized the Wyoming DEQ to ``submit
an amended state implementation plan providing for regulation of
greenhouse gases to the U.S. EPA for approval.'' Once the second bill
was signed into law, Wyoming's rule revisions for its PSD program
became effective on February 14, 2013. Wyoming DEQ submitted the
revisions to EPA on March 8, 2013.

III. EPA's Analysis of the State's Submittal

    Wyoming has adopted and submitted regulations that are
substantively similar to the federal requirements for the permitting of
GHG-emitting sources subject to PSD. We propose to conclude that the
revisions are consistent with the requirements of 40 CFR 51.166, in
particular requirements set out in EPA's final GHG Tailoring Rule, and
that the revisions should be approved into Wyoming's SIP.
    Section 3 of Chapter 1, Common Provisions, was revised to add a
definition of ``greenhouse gases (GHGs).'' This definition is used in
new Section 7, Greenhouse Gases, to specify that preconstruction
permits for GHGs are only required under the PSD permitting program,
thus exempting minor sources from GHG permitting. Section 4 of Chapter
6, Permitting Requirements, was modified to establish thresholds for
permitting of GHGs under the PSD program. Definitions for the terms
``GHGs,'' ``emissions increase'' and ``tpy CO2 equivalent
emissions (CO2e)'' with exclusions for biogenic sources,
were added to this section. Applicability thresholds for several
different types of permitting scenarios were also added. Changes were
made to the PSD definition of ``Major source'' to avoid triggering
applicability for minor sources. Chapter 6, Section 14, Incorporation
by Reference was revised to generally incorporate by reference federal
regulations, such as PSD and NSR, as published on July 1, 2010, with
the exception of references to GHG-related regulations that were
published after that date.
    Wyoming organized its revisions to its PSD program somewhat
differently than EPA's Tailoring Rule revisions to 40 CFR 51.166. In
particular, Wyoming did not define the term ``subject to regulation'';
instead Wyoming separately defined the term ``greenhouse gases.'' In
the definition of ``greenhouse gases,'' Wyoming established thresholds
for application of PSD to sources of GHGs that are consistent with the
thresholds established in the Tailoring Rule. In particular, within the
definition of ``greenhouse gases,'' Wyoming provided a definition of
``tpy CO2

equivalent emissions'' and a modified definition of ``emissions
increase'' consistent with the use of those terms in 40 CFR
51.166(b)(48)(ii) and (iii). Wyoming also modified the definition of
``major stationary source'' to directly account for sources of GHGs.
The net effect of Wyoming's approach is that, if a new pollutant (other
than GHGs) becomes subject to regulation under the definition of
``subject to regulation'' in 40 CFR 51.166(b)(48), Wyoming must update
its PSD program again to reflect the requirement to regulate that new
pollutant. However, Wyoming's SIP revision is consistent with current
requirements for PSD programs.
    We also propose to conclude that the revisions appropriately defer
the applicability of the Tailoring Rule thresholds for biogenic
CO2 emissions from bioenergy and other biogenic stationary
sources consistent with EPA's Biomass Deferral Final Rule. The deferral
is provided for in subsection (i)(C) of Wyoming's definition of
``greenhouse gases.''
    Finally, we are not proposing action at this time on Wyoming's
revision to Chapter 6, Permitting Requirements, Section 14,
Incorporation by Reference. The revision to this provision updates the
date of incorporation by reference of federal Regulations, such as PSD
and NSR, to July 1, 2010. Because this update applies throughout
Chapter 6, it affects other portions of Chapter 6, including Wyoming's
pending May 11, 2011 nonattainment NSR program submittal that we are
not proposing to act on today. We intend to act on the March 8, 2013
revision to Chapter 6, Section 14 in tandem with our action on the May
11, 2011 submittal, in order to ensure that the update to the
incorporation by reference date is applied to all pending submittals.
The portions of the March 8, 2013 submittal we propose to act on today
directly specify the version of the CFR to which they refer, so it is
not necessary to act on the revision to Chapter 6, Section 14 at this
time.

IV. Proposed Action

    EPA proposes to approve portions of the March 8, 2013 submittal for
incorporation into the SIP. Specifically, EPA proposes to approve
revisions to Chapter 1, Common Provisions, Section 3, and Chapter 6,
Permitting Requirements, Section 4, Prevention of Significant
Deterioration, and the addition of Chapter 1, Common Provisions,
Section 7, Greenhouse Gases. EPA has made the preliminary determination
that these March 8, 2013 revisions are approvable because they were
adopted and submitted in accordance with the CAA and EPA regulations
regarding PSD permitting for GHGs. We are not proposing at this time to
act on the revision to Chapter 6, Permitting Requirements, Section 14,
Incorporation by Reference.
    As explained in today's proposed notice, Wyoming is currently
subject to a FIP for PSD permitting of GHG emissions. This GHG PSD FIP
remains in place, and EPA remains the PSD permitting authority for GHG-
emitting sources in Wyoming, until EPA finalizes our proposed approval
of the March 8, 2013 submitted revision to the Wyoming SIP. At that
point, the Wyoming SIP will contain a full GHG PSD program. We
therefore propose that upon finalization of today's SIP approval
action, EPA will rescind the GHG PSD FIP for Wyoming.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this proposed action merely approves some state law as meeting federal
requirements; it does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Incorporation by reference.

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

    Dated: June 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-15038 Filed 6-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8962-8963]
[FR Doc No: 2017-02099]

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SECURITIES AND EXCHANGE COMMISSION

Office of the Secretary

Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Rules 147(f)(1)(iii) and 147A(f)(1)(iii)
Written Representations as to Purchaser Residency

ACTION: Notice.

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SUMMARY: The Securities and Exchange Commission (``Commission'') has
submitted two sponsored information collection requests (``ICRs'') to
the Office of Management and Budget (``OMB'') for review and clearance
in accordance with the Paperwork Reduction Act of 1995 \1\ (``PRA'').
The first title is: ``Rule 147(f)(1)(iii) Written Representation as to
Purchaser Residency.'' The second title is: ``Rule 147A(f)(1)(iii)
Written Representation as to Purchaser Residency.'' OMB approval has
been requested by April 20, 2017.
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    \1\ Public Law 104-13, 44 U.S.C. 3501 et seq.

ADDRESSES: A copy of these ICRs with applicable supporting
documentation, including a description of the likely respondents,
proposed frequency of response, and estimated total burden may be
obtained free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAMain.
    ICR Reference Numbers<PHONE_NUMBER>-005 and<PHONE_NUMBER>-006 for Rules
147 and 147A, respectively.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela C. Dyson, Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This request should serve to notify the
public that the Commission is seeking PRA approval from OMB for the
collections of information associated with the final rule amendments to
Rule 147 \2\ and new Rule 147A \3\ under the Securities Act of 1933 \4\
(``Securities Act'') that were adopted by the Commission on October 26,
2016.\5\
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    \2\ 17 CFR 230.147.
    \3\ 17 CFR 230.147A.
    \4\ 15 U.S.C. 77a et seq.
    \5\ See Release No. 33-10238 (Oct. 26, 2016) [81 FR 83494]. New
Rule 147A and the amendment to Rule 147 will be effective on April
20, 2017.
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    As adopted, both Rule 147(f)(1)(iii) and new Rule 147A(f)(1)(iii)
will require the issuer to obtain from the purchaser a written
representation as to the purchaser's residency. In the Proposing
Release, the Commission had proposed eliminating the requirement in
Rule 147. In response to comments received on the Proposing Release,
the Commission decided not to eliminate the requirement in Rule 147 and
instead adopted an identical requirement in new Rule
147A(f)(1)(iii).\6\ The representation is not required to be presented
in any particular format, although it must be in writing.
Representations obtained by the issuer are not required to be kept
confidential, and there is no mandatory retention period.
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    \6\ Id.
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    We anticipate that the requirement for issuers to obtain a written
representation from each purchaser as to his or her residence, as
required under Rule 147(f)(1)(iii) and Rule 147A(f)(1)(iii), could
result in somewhat higher compliance costs for issuers to meet these
requirements in order to sell securities in an exempt intrastate
offering. For purposes of the PRA, for each of Rule 147 and Rule 147A,
we estimate that the total annual paperwork burden for all affected
issuers arising from this collection of information requirement will be
approximately 175 hours of issuer (company) personnel time and
approximately $70,000 for the services of outside professionals. We
anticipate that the written representation required by purchasers,
including the obligation to determinate the state or territory of their
residence, as required under Rule 147(f)(1)(iii) and Rule
147A(f)(1)(iii), will result in a burden incurred by purchasers in
order to purchase securities in an exempt intrastate offering. For
purposes of the PRA, for each of Rule 147 and Rule 147A, we estimate
that the total annual paperwork burden for all affected purchasers
arising from this collection of information requirements will be
approximately 1,750 hours of purchaser time and no cost incurred for
the services of outside professionals.
    In deriving our estimates, we assume that:
     Approximately 700 issuers \7\ will conduct a Rule 147 and
Rule 147A offering each year, respectively, and each issuer will spend
an average of fifteen minutes to obtain and collect the written
representation from each purchaser in the offering as to his or her
state or territory of residence, resulting

in 175 issuer burden hours (annual) for each exemption;
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    \7\ We rely upon the number of offerings under Rules 504 and 505
of Regulation D for the year ended December 31, 2015 as a proxy for
the average annual number of offerings under Rule 147 and new Rule
147A. Based on staff analysis of Form D filings, there were 519 new
Form D filings reporting reliance on Rule 504 and 179 new Form D
filings reporting reliance on Rule 505 in 2015. See Figure 1 in
Section V.A.1, above. For purposes of these PRA estimates, we
estimate that an average of 700 issuers will conduct a Rule 147 and
new Rule 147A offering each year, respectively.
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     Each of the approximately 700 issuers will retain outside
professional firms to spend an average of fifteen minutes helping the
issuer comply with this requirement to obtain and collect the written
statement of residency from each purchaser in the offering at an
average cost of $400 per hour, resulting in a cost of $100 per issuer
and an aggregate of $70,000 (annual) for issuers for each exemption;
     Each Rule 147 and Rule 147A offering will have an average
of approximately 10 purchasers of securities, resulting in
approximately 7,000 purchasers per year for each exemption; and
     Each purchaser in a Rule 147 and Rule 147A offering will
spend an average of approximately fifteen minutes preparing a written
statement of residency to provide to the issuer and will incur no cost
for the services of outside professionals to satisfy this requirement,
resulting in an aggregate of 2.5 hours of purchaser time per offering
and purchaser burden hours of 1,750 (annual) for each exemption.
    These information collections are subject to the PRA. A federal
agency generally cannot conduct or sponsor a collection of information,
and the public is generally not required to respond to an information
collection, unless it is approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information if the
collection of information does not display a valid OMB Control
Number.\8\ The SEC is seeking OMB approval for these information
collections under OMB ICR Reference Numbers<PHONE_NUMBER>-005 and 201701-
3235-006 for Rules 147 and 147A, respectively.
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    \8\ See 5 CFR 1320.5(a) and 1320.6.
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    Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within 30 days of publication of this notice in
the Federal Register. In order to help ensure appropriate
consideration, comments should reference OMB ICR Reference<PHONE_NUMBER>-
005 and<PHONE_NUMBER>-006 for Rules 147 and 147A, respectively. The OMB
is particularly interested in comments that:
     Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the
information to be collected; and
     Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.

    January 23, 2016.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02099 Filed 1-31-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Notices]
[Page 902-903]
[DOCID:fr04ja08-57]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57061; File No. SR-NYSE-2007-113]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Annual Fees
Applicable to Groups of Real Estate Investment Trusts Under Common
External Management

December 28, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 20, 2007, the New York Stock Exchange, LLC (``NYSE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared substantially by NYSE.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE proposes to provide a discount on Annual Fees to each company
in any group of three or more real estate investment trusts (``REITs'')
that are under the management of the same external management company.
This filing seeks approval to apply the discount retroactively to
January 1, 2008. The text of the proposed rule change is available on
the NYSE's Web site at http://www.nyse.com, at the principal offices of

the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 902 of the Manual by
inserting proposed new Section 902.03A. This filing seeks approval to
apply the discount retroactively to January 1, 2008. REITs will
continue to be subject to the Annual Fees applicable to listed equity
securities as set forth in Section 902.03. However, Section 902.03A
will provide that, where all of the operations of each of a group of
three or more listed REITs are externally managed by the same entity or
by affiliated entities, each REIT in the group will receive a 30%
discount on the applicable Annual Fees in relation to any year in which
the common management relationship exists as of January 1. A newly-
listed REIT that qualifies for the discount will receive it in relation
to the part of the year for which it pays a prorated Annual Fee upon
initial listing. For example, a REIT that lists on July 1 and whose
outstanding number of shares would subject it to a $100,000 Annual Fee
would normally pay a prorated amount of $50,000 because it would be
listed for exactly half of the first year of listing. If that REIT
qualifies for the group discount, it would pay $35,000 (70% of the
prorated Annual Fee that would otherwise be payable).
    A limited number of publicly traded REITs have their operations
externally managed by another entity pursuant to a management
agreement. Typically, the REIT itself does not have any direct
employees. Rather, the external manager is entirely responsible for
managing and staffing the operations of the company, in return for
management fees and the reimbursement of expenses as set forth in the
management agreement. The manager will typically have representation on
the board of each REIT under its management and will be compensated in
significant part in the form of performance-based incentive

compensation based on the REIT's earnings.
    In a limited number of cases, a single entity or affiliated
entities may externally manage more than one REIT. As an incentive for
all of the REITs in such a group to list on the Exchange, the Exchange
proposes to offer a group discount on Annual Fees when there are at
least three REITs under common management. The Exchange believes that
this will be attractive to management companies that externally manage
multiple REITs as it will increase the REITs' earnings and therefore
also increase the performance-based management fees received by the
external manager. The Exchange expects that external managers and their
board representatives will be highly incentivized to encourage the
boards of their managed REITs to avail themselves of the discount and
that it will therefore motivate eligible REITs to remain listed on the
Exchange or to transfer their listing to the Exchange.
    The Exchange does not believe that the limitation of the proposed
discount to groups of three or more REITs under common management is
unfairly discriminatory. While the Exchange perceives a competitive
benefit to be obtained by providing the discount, we are also cognizant
of the fact that the discount will cause us to lose revenue. We are
concerned that the revenue loss we could sustain over time if we
applied the discount to circumstances where two REITs shared common
management would far exceed the benefit in terms of retaining listings
or obtaining new listings, as the number of eligible REITs could
broaden significantly. The small reduction in revenue the Exchange
expects as a result of the discount will not hinder the Exchange's
ability to fulfill its regulatory responsibilities. The Exchange also
notes that the Annual Fees applicable to all other REITs and operating
companies are remaining unchanged, so no company that is not qualified
for the discount is being asked to pay higher Annual Fees than it is
currently paying.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act \3\ in general and Section
6(b)(4) \4\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities.
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    \3\ 15 U.S.C. 78f. 3
    \4\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-NYSE-2007-113 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-113. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
NYSE. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2007-113 and should be submitted on or before January 25, 2008.
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    \5\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
Nancy M. Morris,
Secretary.
 [FR Doc. E7-25625 Filed 1-3-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Page 85610]
[FR Doc No: 2023-26973]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ24-2-000]

City of Anaheim, California; Notice of Filing

    Take notice that on November 28, 2023, City of Anaheim, California
submits tariff filing: City of Anaheim 2024 Transmission Revenue
Balancing Account Adjustment and Gross Load Update to be effective 1/1/
2024.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Comment Date: 5:00 p.m. Eastern Time on December 19, 2023.

    Dated: December 4, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-26973 Filed 12-7-23; 8:45 am]
BILLING CODE 6717-01-P