[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2460-2462]
[FR Doc No: 2015-00625]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74040; File No. SR-NASDAQ-2015-003]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding the Extranet Access Fee

January 13, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 5, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASDAQ.
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

    NASDAQ proposes to add new NASDAQ Options Market (``NOM'') \3\
Chapter XV, Section 12 to the Exchange's Options Pricing Schedule
(``Pricing Schedule''), which includes description about the
applicability of the Extranet Access Fee. This will conform the
Exchange's Pricing Schedule to that of other markets.
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    \3\ NOM is a facility of NASDAQ.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange 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. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposal is to add new NOM Chapter XV, Section
12 entitled ``Extranet Access Fee'' to the Pricing Schedule, which
includes description about the applicability of the Extranet Access
Fee. This will conform the Exchange's Pricing Schedule to that of other
markets.\4\
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    \4\ The Exchange, NASDAQ OMX PHLX LLC (``Phlx''), and NASDAQ OMX
BX, Inc. (``BX'') are self-regulatory organizations (``SROs'') that
are wholly owned subsidiaries of The NASDAQ OMX Group, Inc.
(``NASDAQ OMX''). The Exchange, NOM (a facility of the Exchange),
BX, BX Options (a facility of BX), Phlx, and PSX (a facility of
Phlx) (together with the Exchange known as the ``NASDAQ Markets''),
are independently filing proposals to conform their respective
Extranet Access Fee rules to NASDAQ Rule 7025.
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    Specifically, the Exchange proposes to establish the Extranet
Access Fee in proposed new NOM Chapter XV, Section 12 to indicate that
certain non-Exchange Customer Premises Equipment (``CPE'') Products
shall be assessed a monthly access fee of $1,000 per CPE. The Exchange
also proposes to conform the Extranet Access Fee to that of another
market, specifically NASDAQ Rule 7025, by also indicating that if an
extranet provider uses multiple CPE Configurations \5\ to provide
market data feeds to any recipient the monthly fee shall apply to each
such CPE Configuration; and that no Extranet Access Fee will be charged
for connectivity to market data feeds containing only consolidated
data. This proposal conforms the Extranet Access Fee in NOM Chapter XV,
Section 12 to the equivalent fee in NASDAQ Rule 7025.
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    \5\ As defined in proposed NOM Chapter XV, Section 12, a
``Customer Premises Equipment Configuration'' means any line,
circuit, router package, or other technical configuration used by an
extranet provider to provide a direct access connection to Nasdaq
market data feeds to a recipient's site.
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    The Extranet Access Fee was introduced a decade ago on NASDAQ Rule
7025 as an equity fee.\6\ The Extranet Access Fee was introduced about
five years ago in on BX and about year ago on PSX.\7\ By this proposal,
the Exchange normalizes the cost and structure of its Extranet Access
Fee on NOM to that of the equivalent decade-old NASDAQ fee.\8\
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    \6\ See Securities Exchange Act Release Nos. 50483 (October 1,
2004), 69 FR 60448 (October 8, 2004) (SR-NASD-2004-118)
(establishing the Extranet Access Fee on NASDAQ); and 71199
(December 30, 2013), 79 FR 686 (January 6, 2014) (SR-NASD [sic]-
2013-159) (notice of filing and immediate effectiveness increasing
the Extranet Access Fee to $1,000).
    \7\ See Securities Exchange Act Release Nos. 59615 (March 20,
2009), 74 FR 14604 (March 31, 2009) (SR-BX-2009-005) (establishing
the Extranet Access Fee on BX); and 71841 (April 1, 2014), 79 FR
19129 (April 7, 2014) (SR-BX-2014-015) (notice of filing and
immediate effectiveness describing that the Extranet Access Fee is
$750). See also Securities Exchange Act Release No. 71236 (January
6, 2014), 79 FR 1906 (January 10, 2014) (SR-Phlx-2014-01) (notice of
filing and immediate effectiveness establishing the Extranet Access
Fee on PSX, and describing that no fee is charged at the time of the
filing).
    \8\ As noted, the NASDAQ Markets are independently filing
proposals to conform their respective Extranet Access Fee.
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    Proposed NOM Chapter XV, Section 12 indicates the same fee as
NASDAQ Rule 7025, namely $1,000 per CPE Configuration, and adds
verbatim language from NASDAQ Rule 7025 that explains the application
of the fee.\9\ As proposed, NOM Chapter XV, Section 12 will read as
follows: ``Extranet providers that establish a connection with Nasdaq
to offer direct access connectivity to market data feeds shall be
assessed a monthly access fee of $1,000 per

recipient Customer Premises Equipment (``CPE'') Configuration. If an
extranet provider uses multiple CPE Configurations to provide market
data feeds to any recipient, the monthly fee shall apply to each such
CPE Configuration. For purposes of this Section 12, the term ``Customer
Premises Equipment Configuration'' shall mean any line, circuit, router
package, or other technical configuration used by an extranet provider
to provide a direct access connection to Nasdaq market data feeds to a
recipient's site. No extranet access fee will be charged for
connectivity to market data feeds containing only consolidated data.
Extranet providers that establish a connection with Nasdaq pursuant to
this Section 12 as well as a connection with Nasdaq pursuant to Nasdaq
Rule 7025 shall be assessed a total monthly access fee of $1,000 per
recipient CPE Configuration.'' The proposal conforms NOM Chapter XV,
Section 12 to NASDAQ Rule 7025, and makes them substantively
identical.\10\ The proposal also makes it clear that if an extranet
provider establishes an extranet connection on PSX [sic] as well as on
Phlx [sic], the extranet provider will not need to pay a double $1,000
monthly access fee per CPE, but rather only one total monthly access
fee of $1,000 per CPE. In addition, as discussed, there is an equity
market and an options market under the NASDAQ SRO license. This
proposal brings the Extranet Access Fee per NASDAQ Rule 7025 on the
equity side to the options side per NOM Chapter XV, Section 12 in
conformity with NASDAQ Rule 7025.
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    \9\ However, the proposed Section 12 language does not, because
it deals with options, indicate that consolidated data includes data
disseminated by the UTP SIP (as noted in NASDAQ Rule 7025).
    \10\ The Exchange notes that while NOM Chapter XV, Section 12
and NASDAQ Rule 7025 each contain some language particular to the
relevant exchange, with this proposal the language of the two rules
is substantively identical. The Exchange notes that the statement
that extranet providers shall be assessed a total monthly access fee
of $1,000 per recipient CPE Configuration is not in NASDAQ Rule
7025.
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    The proposed Extranet Access Fee will, as on NASDAQ, be used to
help recoup the Exchange's costs associated with maintaining multiple
extranet connections with multiple providers. These costs include those
associated with overhead and technology infrastructure, administrative,
maintenance and operational costs. Since the inception of Extranet
Access there have been numerous network infrastructure improvements and
administrative controls enacted. Additionally, the Exchange has
implemented automated retransmission facilities for most of its data
clients that benefit extranet clients by reducing operational costs
associated with retransmissions.
    As the number of extranets has increased, the management of the
downstream customers has expanded and the Exchange has had to ensure
appropriate reporting and review processes, which has resulted in a
greater cost burden on the Exchange over time. The proposed fee will
also help to ensure that the Exchange is better able to closely review
reports and uncover reporting errors via audits thus minimizing
reporting issues.\11\ The network infrastructure has increased in order
to keep pace with the increased number of products, which, in turn, has
caused an increased administrative burden and higher operational costs
associated with delivery via extranets.
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    \11\ The Exchange will inform extranet providers of their
reporting responsibilities via its public Web site. This will
include, as an example, reporting CPE usage.
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    Thus, subsequent to the proposal extranet providers that establish
a connection with the Exchange to offer direct access connectivity to
market data feeds shall be assessed a monthly access fee of $1,000 per
CPE Configuration. If, as discussed below, an extranet provider uses
multiple CPE Configurations to provide market data feeds to any
recipient, the monthly fee shall apply to each such CPE Configuration.
    The Exchange proposes two new descriptions to conform the language
of NOM Chapter XV, Section 12 to that of NASDAQ Rule 7025.
Specifically, the Exchange proposes to indicate that if an extranet
provider uses multiple CPE Configurations to provide market data feeds
to any recipient, the monthly fee shall apply to each such CPE
Configuration; and that no extranet access fee will be charged for
connectivity to market data feeds containing only consolidated data.
These proposed descriptions should serve to reduce any confusion as to
the applicability of the Extranet Access Fee. Moreover, the
descriptions would make the Exchange's Extranet Access Fee in NOM
Chapter XV, Section 12 work the same as the equivalent fee in NASDAQ
Rule 7025, and complete the effort to conform the two rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and with Section 6(b)(4)
of the Act,\13\ in particular, in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system which the
Exchange operates or controls.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that its proposal to add the Extranet Access
Fee in NOM Chapter XV, Section 12, and to describe the applicability of
the Extranet Access Fee and thereby conform the fee with the equivalent
fee on NASDAQ, is consistent with the Act.
    All similarly situated extranet providers, including the Exchange
operating its own extranet, that establish an extranet connection with
the Exchange to access market data feeds from the Exchange are subject
to the same fee structure.\14\ The fee will help the Exchange to offset
some of the rising overhead and technology infrastructure,
administrative, maintenance and operational costs it incurs in support
of the service.
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    \14\ For example, NASDAQ Technology Services, a subsidiary of
the Exchange, pays the applicable fee(s) to the Exchange for
services covered under the Extranet Access Fee.
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    If such costs are covered, the service may provide the Exchange
with a profit. As such, the Exchange believes that the proposed fee is
reasonable and notes that this proposal conforms similarly-situated
Extranet Access Fee rules on NOM options and NASDAQ equities. The
extranet costs are separate and different from the colocation facility
that is able to recoup these fees by charging for servers within the
associated data centers. Additionally, the Exchange believes that the
proposed change is equitable and not unreasonably discriminatory. The
monthly fee is assessed uniformly to all extranet providers that
establish a connection with the Exchange to offer direct access
connectivity to market data feeds, and is the same for all at $1,000
per recipient CPE Configuration. Thus, any burden arising from the fees
is necessary in the interest of promoting the equitable allocation of a
reasonable fee. Moreover, firms make decisions on how much and what
types of data to consume on the basis of the total cost of interacting
with the Exchange or other markets and, of course, the Extranet Access
Fee is but one factor in a total platform analysis.
    Additionally, proposed NOM Chapter XV, Section 12 contains
description stating that if an extranet provider uses multiple CPE
Configurations to provide market data feeds to any recipient, the
monthly fee shall apply to each such CPE Configuration; and that no
Extranet Access Fee will be charged for connectivity to market data
feeds containing only consolidated data. This description should serve
to reduce any

confusion as to the applicability of this fee.
    The proposal provides for the equitable allocation of reasonable
dues, fees and other charges among members and issuers and other
persons using any facility or system which the Exchange operates or
controls, and is consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
    The proposed fees are applied uniformly among extranet providers,
which are not compelled to establish a connection with the Exchange to
offer access connectivity to market data feeds. For these reasons, any
burden arising from the fees is necessary in the interest of promoting
the equitable allocation of a reasonable fee. Additionally, firms make
decisions on how much and what types of data to consume on the basis of
the total cost of interacting with the Exchange or other exchanges and,
of course, the Extranet Access Fee is but one factor in a total
platform analysis.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\15\ the Exchange
has designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-003. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
003, and should be submitted on or before February 6, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-00625 Filed 1-15-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 950-951]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2013-00004]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2012-M-0712, FDA-2012-M-0713, FDA-2012-M-0734, FDA-
2012-M-0735, FDA-2012-M-0814, FDA-2012-M-0833, FDA-2012-M-0893, FDA-
2012-M-0965, FDA-2012-M-0968, FDA-2012-M-1011, and FDA-2012-M-1013]

Medical Devices; Availability of Safety and Effectiveness
Summaries for Premarket Approval Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
premarket approval applications (PMAs) that have been approved. This
list is intended to inform the public of the availability of safety and
effectiveness summaries of approved PMAs through the Internet and the
Agency's Division of Dockets Management.

ADDRESSES: Submit written requests for copies of summaries of safety
and effectiveness data to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. Please cite the appropriate docket number as listed in table
1 of this document when submitting a written request. See the
SUPPLEMENTARY INFORMATION section for electronic access to the
summaries of safety and effectiveness.

FOR FURTHER INFORMATION CONTACT: Nicole Wolanski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 1650, Silver Spring, MD 20993-0002, 301-
796-6570.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with sections 515(d)(4) and (e)(2) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360e(d)(4) and
(e)(2)), notification of an order approving, denying, or withdrawing
approval of a PMA will continue to include a notice of opportunity to
request review of the order under section 515(g) of the FD&C Act. The
30-day period for requesting reconsideration of an FDA action under
Sec.  10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a
PMA begins on the day the notice is placed on the Internet. Section
10.33(b) provides that FDA may, for good cause, extend this 30-day
period. Reconsideration of a denial or withdrawal of approval of a PMA
may be sought only by the applicant; in these cases, the 30-day period
will begin when the applicant is notified by FDA in writing of its
decision.
    The regulations provide that FDA publish a quarterly list of
available safety and effectiveness summaries of PMA approvals and
denials that were announced during that quarter. The following is a
list of approved PMAs for which summaries of safety and effectiveness
were placed on the Internet from July 1, 2012, through September 30,
2012. There were no denial actions during this period. The list
provides the manufacturer's name, the product's generic name or the
trade name, and the approval date.

 Table 1--List of Safety and Effectiveness Summaries for Approved PMAs Made Available From July 1, 2012, Through
                                               September 30, 2012
----------------------------------------------------------------------------------------------------------------
      PMA No., Docket No.             Applicant            Trade name                   Approval date
----------------------------------------------------------------------------------------------------------------
P980022/S010, FDA-2012-M-0965..  Medtronic MiniMed,  Guardian Telemetered    January 7, 2004.
                                  Inc.                Glucose Monitoring
                                                      System (TGMS).
P000008/S017, FDA-2012-M-1013..  Allergan, Inc.....  LAP-BAND \TM\           February 16, 2011.
                                                      Adjustable Gastric
                                                      Banding System.
P100049, FDA-2012-M-0893.......  Torax Medical, Inc  LINX \TM\ Reflux        March 22, 2012.
                                                      Management System.
P010031/S232, FDA-2012-M-0814..  Medtronic, Inc....  Concerto/Concerto II;   April 4, 2012.
                                                      Consulta; Maximo II;
                                                      and Protecta/Protecta
                                                      XT Families of CRT-Ds.

P080030, FDA-2012-M-0712.......  Glaukos Corp......  Glaukos iStent[supreg]  June 25, 2012.
                                                      Trabecular Micro-
                                                      Bypass Stent and
                                                      Inserter.
P110007, FDA-2012-M-0734.......  Abbott Medical      Healon[supreg]          July 2, 2012.
                                  Optics, Inc.        EndoCoat
                                                      OpViscosurgical
                                                      Ophthalmic Device
                                                      (OVD) (3% Sodium
                                                      Hyaluronate).
P110037, FDA-2012-M-0713.......  Roche Molecular     COBAS[supreg]           July 5, 2012.
                                  Systems, Inc.       AmpliPrep/
                                                      COBAS[supreg]
                                                      TaqMan[supreg] CMV
                                                      Test.
P110030, FDA-2012-M-0735.......  QIAGEN Manchester,  therascreen[supreg]     July 6, 2012.
                                  Ltd.                KRAS RGQ PCR Kit.
P110043, FDA-2012-M-0833.......  Abbott Vascular...  Omnilink Elite          July 31, 2012.
                                                      Vascular Balloon-
                                                      Expandable Stent
                                                      System.
P040024/S056, FDA-2012-M-0968..  Medicis Aesthetics  Restylane L Injectable  August 30, 2012.
                                  Holdings, Inc.      Gel.
P110006, FDA-2012-M-1011.......  U-Systems, Inc....  somo-v[supreg]          September 18, 2012
                                                      Automated Breast
                                                      Ultrasound System
                                                      (ABUS).
----------------------------------------------------------------------------------------------------------------

II. Electronic Access

    Persons with access to the Internet may obtain the documents at
http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/PMAApprovals/default.htm.

    Dated: December 31, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-00004 Filed 1-4-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Proposed Rules]
[Pages 19097-19098]
[FR Doc No: 2016-07486]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-9944-42-Region 6]

Promulgation of Implementation Plans; Arkansas; Regional Haze and
Interstate Visibility Transport Federal Implementation Plan; Reopening
of Comment Period and Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The Environmental Protection Agency (EPA) is reopening the
comment period for a proposed rule to establish a Clean Air Act (CAA)
Federal Implementation Plan (FIP) to address regional haze and
visibility transport requirements for the State of Arkansas. The
reopening of the comment period is strictly limited to EPA's
calculations of revised RPGs for Arkansas' Class I areas, which are
presented in a supporting document being made available at this time in
the docket. EPA is reopening the public comment period until May 4,
2016.

DATES: The comment period for the proposed rule published on April 8,
2015 (80 FR 18944), extended at 80 FR 24872 (July 15, 2015), and
reopened at 80 FR 43661 (July 23, 2015), is again reopened. Written
comments must be received on or before May 4, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0189, at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Dayana Medina, 214-665-
7241<EMAIL_ADDRESS>For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. 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 at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Dayana Medina,<PHONE_NUMBER>;
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Dayana Medina or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: On April 8, 2015, we published in the
Federal Register a proposal to establish a FIP for the State of
Arkansas addressing regional haze and visibility transport (80 FR
18944). The proposed FIP includes emission limits for sources in
Arkansas. Comments on the proposed rule were required to be received by
May 16, 2015. On May 1, 2015, we extended the comment period to July
15, 2015 (80 FR 24872). On July 23, 2015, we reopened the comment
period until August 7, 2015 (80 FR 43661), in response to a request we
received for an extension of the comment period.
    We are announcing the availability in the docket of supplemental
information we relied on in our Arkansas FIP proposal, but which was
inadvertently omitted from the docket at the time we proposed the FIP.
In our proposed rule published on April 8, 2015, we proposed revised
RPGs for the 20% worst days for Arkansas' Class I areas, the Caney
Creek and Upper Buffalo Wilderness Areas (80 FR at 18998). Our revised
RPGs and our methodology for calculating the revised RPGs were
discussed in detail in our proposal and in our technical support
documentation,\1\ which was made available in the docket when the
proposed rule was published on April 8, 2015. However, a spreadsheet
containing the actual calculations of our revised RPGs was
inadvertently omitted from the docket. Therefore, the reopening of the
comment period is strictly limited to our calculations of the revised
RPGs, as presented in the spreadsheet we are making available at this
time in the docket. The reopening of the comment period does not apply
to our general methodology for calculating the revised RPGs, to the
numerical values of the revised RPGs, or to any other aspects or
portions of our proposed rule, for which we have previously provided
opportunity for public comment. This action will allow interested
persons time to prepare and submit comments on our calculations of the
revised RPGs, as presented in the spreadsheet that we are making
available in the docket at this time.
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    \1\ See ``Technical Support Document for EPA's Proposed Action
on the Arkansas Regional Haze Federal Implementation Plan'' at page
147.
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best available
control technology, Incorporation by reference, Intergovernmental
relations, Interstate transport of pollution, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping, requirements, Sulfur
dioxides, Regional haze, Visibility.

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

    Dated: March 23, 2016.
Lisa Price,
Acting Director, Multimedia Planning and Permitting Division, Region 6.
[FR Doc. 2016-07486 Filed 4-1-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73575-73576]
[FR Doc No: 2014-29086]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2014-0845; FRL-9920-37-OSWER]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Final Authorization for Hazardous Waste Management
Programs

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
planning to submit an information collection request (ICR), Final
Authorization for Hazardous Waste Management Programs (EPA ICR No.
0969.10, OMB Control No. 2050-0041) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the EPA
is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through April 30, 2015. An
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.

DATES: Comments must be submitted on or before February 9, 2015.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
RCRA-2014-0845, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    FOR FURTHER INFORMATION CONTACT Peggy Vyas, (mail code 5303P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 703-
308-8433; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) 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; (ii) 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; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) 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. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: In order for a State to obtain final authorization for a
State hazardous waste program or to revise its previously authorized
program, it must submit an official application to the EPA Regional
office for approval. The purpose of the application is to enable the
EPA to properly determine whether the State's program meets the
requirements of Sec.  3006 of RCRA. A State with an approved program
may voluntarily transfer program responsibilities to EPA by notifying
the EPA of the proposed transfer, as required by section 271.23.
Further, the EPA may withdraw a State's authorized program under
section 271.23.
    State program revision may be necessary when the controlling
Federal or State statutory or regulatory authority is modified or
supplemented. In the event that the State is revising its program by
adopting new Federal requirements, the State shall prepare and submit
modified revisions of the program description, Attorney General's
statement, Memorandum of Agreement, or such other documents as the EPA
determines to be necessary. The State shall inform the EPA of any
proposed modifications to its basic statutory or regulatory authority
in accordance with section 271.21. If a State is proposing to transfer
all or any part of any program from the approved State agency to any
other agency, it must notify the EPA in accordance with section 271.21
and submit revised organizational charts as required under section
271.6, in accordance with section 271.21. These paperwork requirements
are mandatory under Sec.  3006(a). The EPA will use the information
submitted by the State in order to determine whether the State's
program meets the statutory and

regulatory requirements for authorization.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are States
    Respondent's obligation to respond: Mandatory (RCRA Sec.  3006(a))
    Estimated number of respondents: 58
    Frequency of response: Annual
    Total estimated burden: 19,968 hours. Burden is defined at 5 CFR
1320.03(b)
    Total estimated cost: $680,790, which includes $680,790 annualized
labor costs and $0 annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: November 25, 2014.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2014-29086 Filed 12-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82005-82007]
[FR Doc No: 2010-32851]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2010-0833, FRL-9245-5]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Waste Generator Standards, EPA ICR Number
0820.11, OMB Control Number 2050-0035

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on May 31, 2011. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before February 28, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2010-0833, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: RCRA Docket (28221T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Room 3334,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2010-0833. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jim O'Leary, Office of Solid Waste,
Mail Code 5304P, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703)
308-8827; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2010-0833, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the RCRA Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 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 RCRA Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov 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.
Once in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) 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;
    (ii) 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;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
private business or other for-profit.
    Title: Hazardous Waste Generator Standards (Renewal).
    ICR numbers: EPA ICR No. 0820.11, OMB Control No. 2050-0035.
    ICR status: This ICR is currently scheduled to expire on May 31,
2011. An 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. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Under the Resource Conservation and Recovery Act (RCRA),
as amended, Congress directed EPA to implement a comprehensive program
for the safe management of hazardous waste. The core of the national
waste management program is the regulation of hazardous waste from
generation to transport to treatment and eventual disposal, or from
``cradle to grave.'' Section 3001(d) of RCRA requires EPA to develop
standards for small quantity generators. Section 3002 of RCRA states,
among other things, that EPA shall establish requirements for hazardous
waste generators regarding recordkeeping practices. Section 3002 also
requires EPA to establish standards on appropriate use of containers by
generators. Finally, Section 3017 of RCRA specifies requirements for
individuals exporting hazardous waste from the United States, including
a notification of the intent to export, and an annual report
summarizing the types, quantities, frequency, and ultimate destination
of all exported hazardous waste.
    This ICR addresses the following categories of informational
requirements in part 262: Pre-transport requirements for both large
(LQG) and small (SQG) quantity generators; storage requirements in
tanks, containment buildings and drip pads; air emission standards
requirements for LQGs (referenced in 40 CFR Part 265, Subparts AA and
BB); recordkeeping and reporting requirements for LQGs and SQGs; and
export requirements for LQGs and SQGs (i.e., notification of intent to
export and annual reporting). This collection of information is
necessary to help generators and EPA: (1) Identify and understand the
waste streams being generated and the hazards associated with them; (2)
determine whether employees have acquired the necessary expertise to
perform their jobs; and (3) determine whether LQGs have developed
adequate procedures to respond to unplanned sudden or non-sudden
releases of hazardous waste or hazardous constituents to air, soil, or
surface water. This information is also needed to help EPA determine
whether tank systems are operated in a manner that is fully protective
of human health and the environment and to ensure that releases to the
environment are managed quickly and efficiently. Additionally, this
information contributes to EPA's goal of preventing contamination of
the environment from hazardous waste accumulation practices, including
contamination from equipment leaks and process vents. Export
information is needed to ensure that: (1) Foreign governments consent
to U.S. exported wastes; (2) exported waste is actually managed at
facilities listed in the original notifications; and (3) documents are
available for compliance audits and enforcement actions.
    Burden Statement: The average public reporting under this
collection of information is estimated to be 2.78 hours per respondent.
The average public recordkeeping burden under this collection of
information is estimated to be 0.05 hours. 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 which have subsequently
changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 101,500.
    Frequency of response: Occasionally and biennially.
    Estimated total average number of responses for each respondent:
one.

    Estimated total annual burden hours: 286,866.
    Estimated total annual costs: $11,321,660. This includes $22,770 in
annualized capital costs, $15,473 in O&M costs, and $11,283,417 in
Respondent Labor costs.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 21, 2010.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-32851 Filed 12-28-10; 8:45 am]
BILLING CODE 6560-50-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0381; FRL-        ]

Approval and Promulgation of Air Quality Implementation Plans; Virginia;

Clean Air Interstate Rule Budget Trading Programs

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia.  This revision establishes
budget trading programs for nitrogen oxides (NOx) annual, NOx ozone
season, and sulfur dioxides (SO2) annual emissions to address the
requirements of EPA’s Clean Air Interstate Rule (CAIR).  Virginia will
meet its CAIR requirements by participating in the EPA-administered
regional cap-and-trade program for NOx annual, NOx ozone season, and SO2
annual emissions.  EPA is determining that the SIP revision fully
implements the CAIR requirements for Virginia.  Therefore, as a
consequence of the SIP approval, EPA will also withdraw the CAIR Federal
Implementation Plan (FIP) that address NOx annual, NOx ozone season, and
SO2 annual emissions in Virginia.

EFFECTIVE DATE:  The final rule is effective on [Insert date of
publication].

ADDRESSES:EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0381.  All documents in the electronic docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute.  Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form.  Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Marilyn Powers,<PHONE_NUMBER> or by
      e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I.  Background

On March 30, 2007, and supplemented on April 30, 2007 and June 11, 2007,
the Virginia Department of Environmental Quality (VADEQ) submitted a
CAIR SIP revision to meet the requirements of CAIR, which was
promulgated on May 12, 2005 (70 FR 25162), and subsequently revised on
April 28, 2006, and December 13, 2006.  The SIP revision is comprised of
new regulations under 9 VAC 5 Chapter 140 of the Virginia Code as
follows:  Part II - NOx Annual Trading Program; Part III – NOx Ozone
Season Trading Program; and Part IV – SO2 Annual Trading Program.  The
regulations address all the requirements of the part 96 model rules set
forth in the May 12, 2005 CAIR rulemaking.

On September 25, 2007 (72 FR 54385), EPA published a notice of proposed
rulemaking (NPR) to approve Virginia’s CAIR SIP revision.  A detailed
discussion of the CAIR requirements, Virginia’s CAIR submittal, and
EPA’s rationale for approval of Virginia’s CAIR SIP revision may be
found in the NPR and will not be repeated here.  On October 24, 2007,
EPA received adverse comments from the State of Connecticut Department
of Environmental Protection.

II.  Public Comments and EPA Responses

Comment:  On October 24, 2007, the Connecticut Department of
Environmental Protection (CTDEP) submitted adverse comments on EPA’s
proposed approval of Virginia’s CAIR SIP revision.  CTDEP encourages
EPA to approve state programs adopted to meet the emission reduction
requirements of CAIR.  However, it argues that before approving state
CAIR plans, EPA should evaluate individually and in the aggregate each
state’s clean air programs.  They argue such evaluation is necessary
to ensure that each state’s emissions do not significantly contribute
to downwind nonattainment.  CTDEP asserts its belief that the CAIR
program does not ensure that the CAA section 110(a)(2)(D)(i)
requirements to prohibit transported emissions that significantly
contribute to nonattainment in Connecticut and other states will be met.
 CTDEP expresses concern that EPA is determining through this and other
similar rulemakings that CAIR programs are sufficient to meet States’
section 110(a)(2)(D)(i) obligations.  CTDEP asserts, based on EPA and
State modeling for CAIR, that the levels of transported pollution
remaining after CAIR implementation are large enough that, even with
local controls, it may be difficult for Connecticut to attain the 8-hour
ozone NAAQS by 2010.  Finally, CTDEP questions EPA’s determination
that highly cost effective controls are adequate to address States’
section 110(a)(2)(D)(i) obligations as compared to “reasonable cost”
controls that could be achieved to effect more stringent NOx reductions.

Response:  EPA does not agree that it is appropriate or necessary for
EPA to conduct additional analysis before approving Virginia’s CAIR
SIP revision.  In the CAIR rulemaking promulgated on May 12, 2005 (70 FR
25162), EPA established model rules for multi-State cap and trade
programs for annual NOx, ozone season NOx, and annual SO2 that States
may choose to adopt to meet the required emissions reductions in a
flexible and cost-effective manner.  EPA requires States that wish to
participate in the EPA-administered cap and trade program to use the
model rule (with only limited flexibility to modify specific provisions)
to ensure that all participating sources, regardless of which State in
the CAIR region they are located, are subject to the same trading and
allowance holding requirements.  Virginia has chosen to participate in
the cap and trade program administered by EPA and has chosen to adopt
the model rules with modifications allowed by flexibilities in the model
rule.  EPA has evaluated Virginia’s SIP revision and determined that
Virginia is meeting its CAIR requirements.  CTDEP does not challenge
this determination.  Thus, CTDEP’s comments do not specifically
pertain to any aspect of EPA’s proposed action to approve the Virginia
CAIR SIP revision.  Rather, the comments appear to be directed broadly
at EPA’s decisions with regard to States’ section 110(a)(2)(D)(i)
obligations.  These decisions were made by EPA in the context of the
CAIR rulemaking, not in the proposed action to approve Virginia’s CAIR
SIP revision.  Therefore, CTDEP’s comments are not relevant to the
proposed action.   CTDEP had ample opportunity to submit comments both
during the comment period for the proposed CAIR rulemaking of January
30, 2004 (70 FR 49708) and during the comment period for the proposed
CAIR FIP of August 24, 2005 (70 FR 49708).  EPA’s proposal to approve
Virginia’s CAIR SIP did not reopen either the CAIR or CAIR FIP
rulemakings.  Consequently, CTDEP’s comments are not relevant to this
rulemaking, or timely with respect to the CAIR and CAIR FIP rulemakings.
 Thus, EPA does not believe it is necessary to conduct additional
analysis on whether Virginia or any other state satisfies the
requirements of 110(a)(2)(D)(i)  before approving Virginia’s CAIR SIP
submission.

III.  Information Pertaining to SIP Submittals from the Commonwealth of
Virginia

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) (privilege(' for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to documents
or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law,Va.
Code Sec. 10.1-1198,  precludes granting a privilege to documents and
information (required by law,( including documents and information
(required by Federal law to maintain program delegation, authorization
or approval,( since Virginia must (enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .(   The opinion concludes that ([r]egarding (
10.1-1198, therefore, documents or other information needed for civil or
criminal enforcement under one of these programs could not be privileged
because such documents and information are  essential to pursuing
enforcement in a manner required by Federal law to maintain program
delegation, authorization or approval.(

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ([t]o
the extent consistent with requirements imposed by Federal law,(  any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since (no immunity could be afforded
from administrative, civil, or criminal penalties because granting such
immunity would not be consistent with Federal law, which is one of the
criteria for immunity.(

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its program
consistent with the Federal requirements.  In any event, because EPA has
also determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal enforcement
authorities, EPA may at any time invoke its authority under the CAA,
including, for example, sections 113, 167, 205, 211 or 213, to enforce
the requirements or prohibitions of the state plan, independently of any
state enforcement effort.  In addition, citizen enforcement under
section 304 of the CAA is likewise unaffected by this, or any, state
audit privilege or immunity law.

IV.  Final Action

EPA is approving Virginia’s CAIR SIP revision submitted on March 30,
2007, and supplemented on April 30, 2007 and June 11, 2007.   Under the
SIP revision, Virginia will participate in the EPA-administered
cap-and-trade programs for NOx annual, NOx ozone season, and SO2 annual
emissions.  The SIP revision meets the applicable requirements in 40 CFR
51.123(o) and (aa), with regard to NOX annual and NOX ozone season
emissions, and 40 CFR 51.124(o), with regard to SO2 emissions.  As a
consequence of the SIP approval, the Administrator of EPA will issue,
without providing an opportunity for a public hearing or an additional
opportunity for written public comment, a final rule to withdraw the
CAIR FIPs for SO2, NOx annual, and NOx ozone season emissions for
Virginia.

V. Effective Date

EPA finds that there is good cause for this approval to become effective
on the date of publication because a delayed effective date is
unnecessary due to the nature of the approval, which allows the
Commonwealth to make allocations under its CAIR rules. The expedited
effective date for this action is authorized under both 5 U.S.C.
553(d)(1), which provides that rule actions may become effective less
than 30 days after publication if the rule ``grants or recognizes an
exemption or relieves a restriction'' and section 5 U.S.C. 553(d)(3),
which allows an effective date less than 30 days after publication ``as
otherwise provided by the agency for good cause found and published with
the rule.''

CAIR SIP approvals relieve states and CAIR sources within states from
being subject to allowance allocation provisions in the CAIR FIPs that
otherwise would apply to them, allowing States to make their own
allowance allocations based on their SIP-approved State rule. The

relief from these obligations is sufficient reason to allow an expedited
effective date of this rule under 5 U.S.C. 553(d)(1).

VI.  Statutory and Executive Order Reviews

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this 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 approves 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
(Public Law 104-4).   This 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 approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This 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 approves a state rule implementing a Federal standard.

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 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.).

B.   Submission to Congress and the Comptroller General

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 rule 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.  This rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.

This action to approve Virginia’s CAIR SIP revision may not be
challenged later in proceedings to enforce its requirements.  (See
section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

__December 13, 2007_____
_____________/s/________________

Dated:                                				Donald S. Welsh,

                                      				Regional Administrator,

                                      				Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV ( Virginia

2.  In ( 52.2420, the table in paragraph (c) is amended by adding the
entries for Chapter 140, Sections 1010 through 3880 to read as follows:

( 52.2420  	Identification of plan.

*	*	*	*	*

(c) * * *

	EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation     (9 VAC 5)

Title/subject

State effective date

EPA approval date

Explanation [former SIP citation]

*     *     *     *     *    *     *

Chapter 140	Regulation for Emissions Trading

*     *     *     *     *    *     *

Part II

NOx Annual Trading Program

Article 1	CAIR NOx Annual Trading Program General Provisions.

5-140-1010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-1030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1050	Retired Unit Exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-designated Representative for CAIR NOx Sources.

5-140-1100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-1200	General CAIR NOx Annual Trading Program permit requirements.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR NOx Allowance Allocations.

5-140-1400	CAIR NOx Annual trading budgets.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

5-140-1410	Timing requirements for CAIR NOx allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1420	CAIR NOx allowance allocations.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1430	Compliance supplement pool.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 6	CAIR NOx Allowance Tracking System

5-140-1510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1530	Recordation of CAIR NOx allowance allocations.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1540	Compliance with CAIR NOx emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR NOx Allowance Transfers.

5-140-1600

	Submission of CAIR NOx allowance transfers.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-1700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR NOx Opt-in Units.

5-140-1800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1850	CAIR opt-in permit content.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1860	Withdrawal from CAIR NOx Annual Trading Program.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1880	CAIR NOx allowance allocations to CAIR NOx opt-in units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Part III	NOx Ozone Season Trading Program

Article 1	CAIR NOx Ozone Season Trading Program General Provisions.

5-140-2010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-2030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2050	Retired unit exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-Designated Representative for CAIR NOx Ozone Season
Sources.

5-140-2100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-2200	General CAIR NOx Ozone Season Trading Program permit
requirements.	4/18/07	[Insert Federal Register publication date] [Insert
page number where the document begins]

	5-140-2210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR NOx Ozone Season Allowance Allocations

5-140-2400	CAIR NOx Ozone Season trading budgets.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2405	State trading budgets for nonelectric generating units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

5-140-2410	Timing requirements for CAIR NOx Ozone Season allowance
allocations.	4/18/07	[Insert Federal Register publication date] [Insert
page number where the document begins]

	5-140-2420	CAIR NOx Ozone Season allowance allocations.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2430	CAIR NOx Ozone Season allowance allocations for individual
existing nonelectric generating units.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 6	CAIR NOx Ozone Season Allowance Tracking System.

5-140-2510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2530	Recordation of CAIR NOx  Ozone Season allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2540	Compliance with CAIR NOx emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR NOx Ozone Season Allowance Transfers.

5-140-2600

	Submission of CAIR NOx  Ozone Season allowance transfers.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-2700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR NOx Ozone Season Opt-in Units.

5-140-2800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2850	CAIR opt-in permit contents.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2860	Withdrawal from CAIR NOx Ozone Season Trading Program.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2880	CAIR NOx Ozone Season allowance allocations to CAIR NOx
Ozone Season opt-in units.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Part IV	SO2 Annual Trading Program

Article 1	CAIR SO2 Trading Program General Provisions.

5-140-3010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-3030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3050	Retired Unit Exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-designated Representative for CAIR SO2 Sources.

5-140-3100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-3200	General CAIR SO2 Trading Program permit requirements.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR SO2 Allowance Allocations.

5-140-3400	State trading budgets.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

5-140-3410	Timing requirements for CAIR SO2 allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3420	CAIR SO2 allowance allocations.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 6	CAIR SO2 Allowance Tracking System.

5-140-3510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3530	Recordation of CAIR SO2 allowances.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3540	Compliance with CAIR SO2 emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR SO2 Allowance Transfers.

5-140-3600

	Submission of CAIR SO2 allowance transfers.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-3700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR SO2 Opt-in Units.

5-140-3800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3850	CAIR opt-in permit contents.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3860	Withdrawal from CAIR SO2 Trading Program.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3880	CAIR SO2 allowance allocations to CAIR SO2 opt-in units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	*   *   *   *   *   *   *

*    *     *     *      *

 PAGE

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