[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Rules and Regulations]
[Page 21825-21834]
[DOCID:fr23ap08-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138, FRL-8557-1]
RIN 2060-AO99

National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on the national emission
standards for hazardous air pollutants for organic liquids distribution
(non-gasoline), which EPA promulgated on February 3, 2004, and amended
on July 28, 2006. In this action, EPA is clarifying combustion control
device compliance requirements, certain storage tank control compliance
dates, and vapor balance system monitoring requirements. In addition,
EPA is correcting typographical errors found in the July 28, 2006,
final rule amendments.

DATES: This direct final rule is effective on July 22, 2008, without
further notice, unless EPA receives adverse comment by June 9, 2008. If
we receive adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule, or the relevant
section of this rule, will not take effect.
    Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing concerning this rulemaking by May 5, 2008, we will hold
a public hearing on May 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0138, 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: Air and Radiation Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver your
comments to: Air and Radiation Docket, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies. We request
that a separate copy also be sent to the contact persons listed below
(see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0138. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information 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.
    Docket: All documents in the docket are listed either in the http:/
/www.regulations.gov index or in the legacy docket, Docket No. A-98-13.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air and Radiation Docket is<PHONE_NUMBER>.
    Public Hearing: If you are interested in attending the public
hearing, contact Ms. Janet Eck at<PHONE_NUMBER> to verify that a
hearing will be held. If a public hearing is held, it will be held at
10 a.m. at EPA's Campus located at 109 T.W. Alexander Drive in Research
Triangle Park, NC, or an alternate site nearby. If no one contacts EPA
requesting to speak at a public hearing concerning this rule by May 5,
2008 this hearing will be cancelled without further notice.

For Further Information Contact: General and Technical Information: Mr.
Stephen Shedd, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
EPA, Research Triangle Park, NC 27711, telephone:<PHONE_NUMBER>,
facsimile number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>    Compliance Information: Ms. Marcia Mia, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone:<PHONE_NUMBER>, facsimile
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial action and anticipate no adverse comment
because the changes being implemented clarify the application of the
rule, make the rule consistent with other regulations with no loss in
its effectiveness in achieving emission reductions, and correct
typographical and format errors. However, in the Proposed Rules section
of this Federal Register, we are publishing a separate document that
will serve as the proposed rule for these revisions if adverse comments
are received on this direct final rule. If we receive adverse comment
on a distinct section of this rule, we will publish a timely withdrawal
in the Federal Register informing the public that some or all of the
amendments in this rule will not take effect. The provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on

any other provision, unless we determine that it would not be
appropriate to promulgate those provisions due to their being affected
by the provisions for which we receive any adverse comments. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document.
    Submitting CBI.
    Do not submit this information to EPA through http://
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Categories and entities
potentially regulated by this action include:

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               Category                      NAICS* code                 Examples of regulated entities
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Industry.............................  325211, 325192, 325188,  Operations at major sources that transfer
                                        32411, 49311, 49319,     organic liquids into or out of the plant site,
                                        48611, 42269, 42271.     including: liquid storage terminals, crude oil
                                                                 pipeline stations, petroleum refineries,
                                                                 chemical manufacturing facilities, and other
                                                                 manufacturing facilities with collocated OLD
                                                                 operations.
Federal Government...................                           Federal agency facilities that operate any of
                                                                 the types of entities listed under the
                                                                 ``industry'' category in this table.
----------------------------------------------------------------------------------------------------------------
*North American Industry Classification System/Considered to be the primary industrial codes for the plant sites
  with OLD operations.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility is regulated by this
action, you should examine the applicability criteria in 40 CFR part
63, subpart EEEE. If you have any questions regarding the applicability
of this final rule to a particular entity, consult either the air
permit authority for the entity or your EPA regional representative as
listed in 40 CFR 63.13.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of this final rule will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules at the following address:
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
    Outline: The information presented in this preamble is organized as
follows:

I. Background
II. Summary of These Final Rule Amendments
III. Rationale for These Final Rule Amendments
    A. Use of TOC as a Surrogate for HAP When Demonstrating
Compliance with Percent Emission Reduction
    B. Compliance Date and Initial Demonstration of Compliance for
Storage Tanks Using Vapor Balancing or Routing Emissions Back to a
Process or a Fuel Gas System
    C. Monitoring of Vapor Balancing System Components With the
Potential To Leak
    D. Format, Grammatical, and Typographical Errors
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background

    On February 3, 2004 (69 FR 5063), EPA promulgated the National
Emission Standards for Hazardous Air Pollutants: Organic Liquids
Distribution (Non-Gasoline) (OLD NESHAP) (40 CFR part 63, subpart EEEE)
pursuant to section 112 of the Clean Air Act (CAA). In response to
several petitions for administrative reconsideration of the OLD NESHAP
and several petitions for judicial review filed with the United States
Court of Appeals for the District of Columbia Circuit, and pursuant to
a settlement agreement between some of the parties to the litigation,
EPA proposed amendments to subpart EEEE on November 14, 2005 (70 CFR
69210). EPA received comments from four entities. On July 28, 2006 (71
FR 42898), EPA promulgated amendments to subpart EEEE based on
consideration of the comments received on the proposed amendments.

II. Summary of These Final Rule Amendments

    Under these final rule amendments, the following changes or
clarifications are being promulgated.
     Removing the requirement that owners and operators must
obtain prior approval from the Administrator to use total organic
compounds (TOC) as a surrogate for hazardous air pollutants (HAP) when
demonstrating compliance with the percent emission reduction
requirements for combustion devices.
     Clarifying that demonstration of initial compliance for
storage tanks that elect to comply with either the vapor balancing work
practice requirement or the routing of emissions to a fuel gas system
or back to a process work practice requirement must be made by April
25, 2011, and not 10 years after February 3, 2004. We retain the
requirement that compliance must occur prior to the specified date or
the first degassing, whichever occur earlier.
     Clarifying that the continuous compliance requirements for
the

monitoring of a transfer rack system using vapor balancing is for all
points in the system that may leak and that monitoring is not required
in any quarter in which loading does not occur.
    These final rule amendments also correct several format,
grammatical, and typographical errors which occur in Table 2 (item
9.b.ii), Table 5 (item 1.b), Table 6 (item 1), Table 7 (item 1.a.i,
item 1.c.i, and item 2.a.i), and Sec.  63.2343(d).

III. Rationale for These Final Rule Amendments

A. Use of TOC as a Surrogate for HAP When Demonstrating Compliance With
Percent Emission Reduction

    Section 63.2354(b) of the NESHAP specifies that you must comply
with various requirements of 40 CFR part 63, subpart SS for performance
testing provisions, including Sec.  63.997(e). Additionally, Sec.
63.2346(f) specifies that if you elect to demonstrate compliance with
the percent reduction requirements using TOC rather than organic HAP,
you must first demonstrate, subject to approval of the Administrator,
that TOC is an appropriate surrogate for organic HAP. This requirement
was intended to address circumstances under which a device such as a
condenser could achieve substantively different results from one
compound to another. Under these conditions, an inlet and outlet
percent control determination for TOC might not be equivalent to a
similar determination for each or total HAP. Since promulgation, we
have received questions on whether the requirement to first demonstrate
that TOC is an appropriate surrogate for organic HAP is necessary for a
combustion device. When organic compounds are controlled by combustion
processes, the organic compounds emitted at the outlet of the device
are not the same as those entering the inlet to the device and are
typically unknown. Further, unlike non-combustion devices, combustion
devices achieve a greater uniformity of destruction across all organic
HAP compounds. Therefore, we have determined that the requirement to
first demonstrate that TOC is an appropriate surrogate for organic HAP
is unwarranted for combustion devices and have modified paragraph (f)
of 40 CFR 63.2346 to make this requirement applicable only to non-
combustion devices.

B. Compliance Date and Initial Demonstration of Compliance for Storage
Tanks Using Vapor Balancing or Routing Emissions Back to a Process or a
Fuel Gas System

    Section 63.2342 identifies when an owner or operator must comply
with the requirements of subpart EEEEE, while Sec.  63.2358 identifies
the dates by which an owner or operator must demonstrate initial
compliance. As discussed below, there is an inconsistency in these two
sections of the rule as they apply to storage tanks for which vapor
balancing or routing of emissions to a fuel gas system or back to a
process are used to comply with the rule.
    Paragraph (b)(1) of Sec.  63.2342 states that owners or operators
of existing affected sources must be in compliance with the emission
limitations, operating limits, and work practice standards for existing
sources by February 5, 2007, except as specified in Sec.
63.2342(b)(2). Paragraph (b)(2) states that ``floating roof tanks at
existing affected sources must be in compliance with the work practice
standards in Table 4 to this subpart, item 1, at all times after the
next degassing and cleaning activity or within 10 years after February
3, 2004, whichever occurs first. If the first degassing and cleaning
activity occurs during the 3 years following February 3, 2004, the
compliance date is February 5, 2007.''
    With regards to demonstrating initial compliance, paragraph (c)(1)
of Sec.  63.2358 states that ``for storage tanks at existing affected
sources complying with the work practice standard in Table 4 to this
subpart, you must conduct your initial compliance demonstration the
next time the storage tank is emptied and degassed, but not later than
10 years after February 3, 2004.'' The work practice standards in Table
4 for storage tanks at existing facilities are:
     Comply with the requirements of 40 CFR part 63, subpart WW
(control level 2), which addressed the use of floating roofs;
     Comply with the requirements of Sec.  63.984 for routing
emissions to a fuel gas system or back to a process; and
     Comply with the requirements of Sec.  63.2346(a)(4) for
vapor balancing emissions to the transport vehicle from which the
storage tank is filled.
    As stated in the July 28, 2006, Federal Register in response to a
public comment (71 FR 42899), the technical basis for allowing
demonstration of initial compliance up to 10 years after February 3,
2004, applies only to storage tanks with floating roofs and not to
storage tanks with fixed roofs. EPA, in both the February 3, 2004
rulemaking promulgating 40 CFR part 63, subpart EEEE, and in the July
28, 2006 rulemaking promulgating amendments to 40 CFR part 63, subpart
EEEE, inadvertently failed to revise Sec.  63.2358 to reflect its
intent to apply the ``up to 10 years'' compliance provision to only the
``floating roof'' work practice standard.
    As the current regulation stands, owners and operators seeking to
comply with the work practice standards for storage tanks would have
``up to 10 years'' to demonstrate initial compliance if they elect to
comply by routing the emissions to a fuel gas system or back to a
process or by using a vapor balancing system. This was never EPA's
intent for these two types of work practice standards. EPA points out
that these same types of work practice standards are allowed for
transfer racks, and the rule is unambiguous that demonstration of
initial compliance is required within 180 days after the compliance
date of February 3, 2007.
    To correct this oversight, EPA is clarifying that the ``up to 10-
year'' demonstration of initial compliance date applies only when a
floating roof is used to comply with 40 CFR part 63, subpart EEEE, and
inserting the actual date ``February 3, 2014'' into the rule text. In
addition, the intended compliance date has past (180 days after the
compliance date of February 3, 2007) to demonstrate initial compliance
if they elect to route storage tank emissions to a fuel system or back
to a process or to use vapor balancing. Because facilities will need
time to plan and install equipment and affected sources had up to 3
years to comply with the original rule, we are specifying the
compliance date for routing storage tank emissions to a fuel gas system
or back to a process or to use vapor balancing to be 3 years from this
notice. However, we retain and still require compliance by ``the next
time the storage tank is emptied and degassed, but not later than'' 3
years from this notice.

C. Monitoring of Vapor Balancing System Components With the Potential
To Leak

    Table 10 to 40 CFR part 63, subpart EEEE addresses continuous
compliance requirements, in part, for vapor balancing systems when used
for transfer racks and storage tanks. EPA has received a question
concerning the relationship between the continuous compliance
requirements for vapor balancing systems and those for equipment leak
components.

    For vapor balancing systems, there are two places in 40 CFR part
63, subpart EEEE that identify compliance requirements--Table 10 and
Sec.  63.2346(a)(4)(v). As found in item 4.b.i to Table 10, the
continuous compliance requirement for a transfer rack using a vapor
balancing system reads:
    ``Monitoring each potential source of vapor leakage in the system
quarterly during the loading of a transport vehicle or the filling of a
container using the methods and procedures described in the rule
requirements selected for the work practice standard for equipment leak
components as specified in Table 4 to subpart EEEE, item 4. An
instrument reading of 500 ppmv defines a leak. Repair of leaks is
performed according to the repair requirements specified in your
selected equipment leak standards.''
    Paragraph (a)(4)(v) of Sec.  63.2346 identifies leak detection and
repair (LDAR) requirements for pressure relief devices used in vapor
balancing systems. The current rule language is, at best, ambiguous as
to the relationship of this paragraph and the language in Table 10.
    For equipment leak components, which are defined in 40 CFR part 63,
subpart EEEE as pumps, valves, and sampling connections, the owner or
operator selects one of three 40 CFR part 63 subparts, as specified in
item 4 of Table 4. These three subparts identify LDAR provisions that
are to be applied to pumps, valves, and sampling connections.
    To clarify the intended relationship between these various
provisions, the phrase ``each potential source of vapor leakage'' is
intended to apply to any and all equipment in the vapor balancing
system that may leak, including, but not limited to pumps, valves, and
sampling connections. For all such equipment, the owner or operator is
to apply the applicable provisions found in the equipment leak standard
selected by the owner or operator to comply with the equipment leak
components. This could mean that an owner or operator may be applying
LDAR requirements found in the selected 40 CFR part 63 subpart for
components other than a pump, valve, or sampling connection. If the
vapor balancing system has a pressure relief valve, however, the owner
or operator would comply with the LDAR provisions for pressure relief
valves found in Sec.  63.2346(a)(4)(v). For equipment leak components
(as defined in 40 CFR part 63, subpart EEEE) that are not part of a
vapor balancing system, continuous compliance is demonstrated as
specified in item 5 to Table 10.
    To clarify these relationships, EPA is revising item 4.b.i in Table
10 or 40 CFR part 63, subpart EEEE to read as follows:
    ``Except for pressure relief devices, monitoring each potential
source of vapor leakage in the system, including, but not limited to
pumps, valves, and sampling connections, quarterly during the loading
of a transport vehicle or the filling of a container using the methods
and procedures described in the rule requirements selected for the work
practice standard for equipment leak components as specified in Table 4
to this subpart, item 4. An instrument reading of 500 ppmv defines a
leak. Repair of leaks is performed according to the repair requirements
specified in your selected equipment leak standards. For pressure
relief devices, comply with Sec.  63.2346(a)(4)(v). If no loading of a
transport vehicle or filling of a container occurs during a quarter,
then monitoring of the vapor balancing system is not required.''
    Finally, item 6.b.i to Table 10 of 40 CFR part 63, subpart EEEE
addresses the same vapor balancing system monitoring requirements, but
for storage tanks. EPA is making the same changes as in item 4.b.i to
Table 10. EPA is also making one additional change. As the rule
currently reads, item 6.b.i refers to ``monitoring each potential
source of vapor leakage in the system quarterly during the loading of a
transport vehicle or the filling of a container.'' This item should be
referring to the loading of a storage tank and not the loading of a
transport vehicle or the filling or a container. Therefore, EPA is also
correcting this incorrect reference.

D. Format, Grammatical, and Typographical Errors

    1. In Table 2, item 9.b.ii or 40 CFR part 63, subpart EEEE should
have been placed on a separate line rather than on the same line as the
end of item 9.b.i. For clarity, item 9.b.ii has been reformatted so
that it starts on its own line.
    2. In Table 5 of 40 CFR part 63, subpart EEEE, the first two
columns associated with item b. were incorrectly placed under the
headings ``According to * * *'' and ``Using * * *''. They should have
been placed under the headings, respectively, ``You must conduct * *
*'' and ``According to * * *''.
    3. In Table 6, item 1 of 40 CFR part 63, subpart EEEE, the first
column cross-references items 1 through 6 in Table 2. The sentence,
therefore, should refer to ``meeting any set of tank capacity and
liquid organic HAP vapor pressure criteria'' rather to ``meeting either
set.''
    4. In Table 6 of 40 CFR part 63, subpart EEEE, the second column of
item 1 states, in part, ``or as an option for combustion devices to an
exhaust concentration of <=20 ppmv.'' The word ``nonflare'' was
inadvertently omitted from this sentence. This sentence is revised to
read, in part, ``or as an option for nonflare combustion devices to an
exhaust concentration of <=20 ppmv.'' This makes the sentence
consistent with the other items in Table 6.
    5. In Table 7 of 40 CFR part 63, subpart EEEE, three typographical
errors are being corrected from the July 28, 2006, FR notice. In item
1.a.i, ``perform'' was misspelled as ``perofrm.''. In item 1.c.i, the
cross-reference was incorrectly identified as Sec.  3.2346(a)(4); the
correct cross-reference is Sec.  63.2346(a)(4). In item 2.a.i,
``primary'' was misspelled as ``priamry.''
    6. Section 63.2343(d) currently reads: ``If one or more of the
events identified in paragraphs (d)(1) through (4) of this section
occur since the filing of the Notification of Compliance Status or the
last Compliance report, you must submit a subsequent Compliance report
as specified in paragraphs (b)(3) and (c)(3) of this section.'' The
cross-references to paragraphs (b)(3) and (c)(3) are incorrect. The
correct cross-references are paragraphs (b)(2) and (c)(2). The direct
final rule makes this correction.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The final amendments clarify, but do not add requirements increasing
the collection burden. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR part 63, subpart EEEE
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq., and has assigned OMB control number 2060-0539. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare

a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the Agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's final rule
amendments on small entities, a small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; or (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    The final rule amendments will not impose any new requirements on
small entities, and, therefore, will have no significant adverse
economic impact on subject small entities. The Administrator certifies
that this action will not have a significant economic impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires us to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows us to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before we establish any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, we must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that these final rule amendments do not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any one year. These final rule amendments clarify
certain provisions and correct typographical errors in the rule text
for a rule EPA determined not to include a Federal mandate that may
result in an estimated cost of $100 million or more (69 FR 5061,
February 3, 2004). These clarifications do not change the level or cost
of the standard, except, in some cases, reduce the cost of testing for
combustion control devices at some facilities using that option. Thus,
these final rule amendments are not subject to the requirements of
section 202 and 205 of the UMRA. EPA has determined that these final
rule amendments contain no regulatory requirements that might
significantly or uniquely affect small governments. These final rule
amendments clarify certain provisions and correct typographical errors
in the rule text, thus, should not affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    These final rule amendments do not have federalism implications.
They will 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. They provide
clarification and correct typographical errors. These changes do not
modify existing or create new responsibilities among EPA Regional
Offices, States, or local enforcement agencies. Thus, Executive Order
13132 does not apply to these final rule amendments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' These final rule amendments
do not have tribal implications, as specified in Executive Order 13175.
They will not have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to these final rule amendments.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    These final rule amendments are not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because they are not a significant regulatory action under Executive
Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that these final rule amendments will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These final rule amendments do not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.

K. Congressional Review Act

    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 the
final rule amendments and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of the
final rule amendments in the Federal Register. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
These final rule amendments will be effective on July 22, 2008.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: April 16, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart EEEE--[Amended]

0
2. Section 63.2343 is amended by revising paragraph (d) introductory
text to read as follows:

Sec.  63.2343  What are my requirements for emission sources not
requiring control?

* * * * *
    (d) If one or more of the events identified in paragraphs (d)(1)
through (4) of this section occur since the filing of the Notification
of Compliance Status or the last Compliance report, you must submit a
subsequent Compliance report as specified in paragraphs (b)(2) and
(c)(2) of this section.
* * * * *

0
3. Section 63.2346 is amended by revising paragraph (f) to read as
follows:

Sec.  63.2346  What emission limitations, operating limits, and work
practice standards must I meet?

* * * * *
    (f) For noncombustion devices, if you elect to demonstrate
compliance with a percent reduction requirement in Table 2 to this
subpart using total organic compounds (TOC) rather than organic HAP,
you must first demonstrate, subject to the approval of the
Administrator, that TOC is an appropriate surrogate for organic HAP in
your case; that is, for your storage tank(s) and/or transfer rack(s),
the percent destruction of organic HAP is equal to or higher than the
percent destruction of TOC. This demonstration must be conducted prior
to or during the initial compliance test.
* * * * *

0
4. Section 63.2358 is amended by revising paragraphs (b)(1) and (c)(1)
to read as follows:

Sec.  63.2358  By what date must I conduct performance tests and other
initial compliance demonstrations?

* * * * *
    (b)(1) For storage tanks and transfer racks at existing affected
sources complying with the emission limitations listed in Table 2 to
this subpart or with the work practice standards in items 1.b or 1.c in
Table 4 to this subpart, you must demonstrate initial compliance with
the emission limitations the next time the storage tank is emptied and
degassed, but not later than April 25, 2011.
* * * * *
    (c)(1) For storage tanks at existing affected sources complying
with the work practice standard in item 1.a in Table 4 to this subpart,
you must conduct your initial compliance demonstration the next time
the storage tank is emptied and degassed, but not later than February
3, 2014.
* * * * *

0
5. Table 2 to Subpart EEEE of Part 63 is amended by revising entry 9.
to read as follows:
* * * * *

          Table 2 to Subpart EEEE of Part 63.--Emission Limits
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.

                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.

                              * * * * * * *
------------------------------------------------------------------------

0
6. Table 5 to Subpart EEEE of Part 63 is amended by revising entry 1.
to read as follows:
* * * * *

                             Table 5 to Subpart EEEE of Part 63.--Requirements for Performance Tests and Design Evaluations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                According to the
             For . . .               You must conduct . . .    According to . . .         Using . . .         To determine . . .         following
                                                                                requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec.                 (1) EPA Method 1 or    (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        63.985(b)(1)(ii),       1A in appendix A-1     locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   Sec.   63.988(b),       of 40 CFR part 60,     required number of     the inlet and outlet
 control device to comply with an     approval, TOC)          Sec.   63.990(b), or    as appropriate.        traverse points.       of each control
 emission limit in Table 2 to this    control efficiency of   Sec.   63.995(b).                                                     device if complying
 subpart, items 1 through 10.         each nonflare control                                                                         with the control
                                      device, OR the                                                                                efficiency
                                      exhaust concentration                                                                         requirement or at
                                      of each combustion                                                                            the outlet of the
                                      device; OR.                                                                                control device if
                                                                                complying with the
                                                                                exhaust
                                                                                concentration
                                                                                requirement; AND
                                                                                (ii) the outlet
                                                                                sampling site must
                                                                                be located at each
                                                                                control device prior
                                                                                to any releases to
                                                                                the atmosphere.
                                                                                (2) EPA Method 2, 2A,  (A) Stack gas          See the requirements
                                                                                2C, 2D, or 2F in       velocity and           in items
                                                                                appendix A-1 of 40     volumetric flow rate.  1.a.i.(1)(A)(i) and
                                                                                CFR part 60, or EPA                           (ii) of this table.
                                                                                Method 2G in
                                                                                appendix A-2 of 40
                                                                                CFR part 60, as
                                                                                appropriate.
                                                                                (3) EPA Method 3 or    (A) Concentration of   See the requirements
                                                                                3B in appendix A-2     CO2 and O2 and dry     in items
                                                                                of 40 CFR part 60,     molecular weight of    1.a.i.(1)(A)(i) and
                                                                                as appropriate.        the stack gas.         (ii) of this table.
                                                                                (4) EPA Method 4 in    (A) Moisture content   See the requirements
                                                                                appendix A-3 of 40     of the stack gas.      in items
                                                                                CFR part 60.                                  1.a.i.(1)(A)(i) and
                                                                                (ii) of this table.

                                                                                (5) EPA Method 18 in   (A) Total organic HAP  (i) The organic HAP
                                                                                appendix A-6 of 40     (or, upon approval,    used for the
                                                                                CFR part 60, or EPA    TOC), or               calibration gas for
                                                                                Method 25 or 25A in    formaldehyde           EPA Method 25A in
                                                                                appendix A-7 of 40     emissions.             appendix A-7 of 40
                                                                                CFR part 60, as                               CFR part 60 must be
                                                                                appropriate, or EPA                           the single organic
                                                                                Method 316 in                                 HAP representing the
                                                                                appendix A of 40 CFR                          largest percent by
                                                                                part 63 for                                   volume of emissions;
                                                                                measuring form-                               AND
                                                                                aldehyde.                                    (ii) During the
                                                                                performance test,
                                                                                you must establish
                                                                                the operating
                                                                                parameter limits
                                                                                within which total
                                                                                organic HAP (or,
                                                                                upon approval, TOC)
                                                                                emissions are
                                                                                reduced by the
                                                                                required weight-
                                                                                percent or, as an
                                                                                option for nonflare
                                                                                combustion devices,
                                                                                to 20 ppmv exhaust
                                                                                concentration.
                                     b. A design evaluation  Sec.   63.985(b)(1)(i)  .....................  .....................  During a design
                                      (for nonflare control                                                                         evaluation, you must
                                      devices) to determine                                                                         establish the
                                      the organic HAP (or,                                                                          operating parameter
                                      upon approval, TOC)                                                                           limits within which
                                      control efficiency of                                                                         total organic HAP,
                                      each nonflare control                                                                         (or, upon approval,
                                      device, or the                                                                                TOC) emissions are
                                      exhaust concentration                                                                         reduced by at least
                                      of each combustion                                                                            95 weight-percent
                                      control device.                                                                               for storage tanks or
                                                                                98 weight-percent
                                                                                for transfer racks,
                                                                                or, as an option for
                                                                                nonflare combustion
                                                                                devices, to 20 ppmv
                                                                                exhaust
                                                                                concentration

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
7. Table 6 to Subpart EEEE of Part 63 is amended by revising entry 1.
to read as follows:
* * * * *

  Table 6 to Subpart EEEE of Part 63.--Initial Compliance With Emission
                                 Limits
------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         Reduce total organic  Total organic HAP
 existing, reconstructed, or   HAP (or, upon         (or, upon approval,
 new affected source meeting   approval, TOC)        TOC) emissions,
 any set of tank capacity      emissions by at       based on the
 and liquid organic HAP        least 95 weight-      results of the
 vapor pressure criteria       percent, or as an     performance testing
 specified in Table 2 to       option for nonflare   or design
 this subpart, items 1         combustion devices    evaluation
 through 6.                    to an exhaust         specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     95 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration <=20
                                                     ppmv.

                              * * * * * * *
------------------------------------------------------------------------

0
8. Table 7 to Subpart EEEE of Part 63 is amended by revising entries 1.
and 2. to read as follows:

    Table 7 to Subpart EEEE of Part 63.--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                     compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2.   subpart, item 1.a.    refilling of the
                                                     storage tank and
                                                     perform seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec.   63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
                              c. Install and,       i. You meet the
                               during the filling    requirements in
                               of the storage tank   Sec.
                               with organic          63.2346(a)(4).
                               liquids, operate a
                               vapor balancing
                               system.
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank,
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
                              c. Install and,       i. See item 1.c.i of
                               during the filling    this table.
                               of the storage tank
                               with organic
                               liquids, operate a
                               vapor balancing
                               system.

                              * * * * * * *
------------------------------------------------------------------------

0
9. Table 10 to Subpart EEEE of Part 63 is amended by revising entries
4. and 6. to read as follows:
* * * * *

  Table 10 to Subpart EEEE of Part 63.--Continuous Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .            standard . . .      compliance by . . .

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

                              * * * * * * *
4. Transfer rack that is      a. Ensure that        i. Ensuring that
 subject to control based on   organic liquids are   organic liquids are
 the criteria specified in     loaded into           loaded into
 Table 2 to this subpart,      transport vehicles    transport vehicles
 items 7 through 10, at an     in accordance with    in accordance with
 existing, reconstructed, or   the requirements in   the requirements in
 new affected source.          Table 4 to this       Table 4 to this
                               subpart, items 5 or   subpart, items 5 or
                               6, as applicable.     6, as applicable.

                              b. Install and,       i. Except for
                               during the loading    pressure relief
                               of organic liquids,   devices, monitoring
                               operate a vapor       each potential
                               balancing system.     source of vapor
                                                     leakage in the
                                                     system, including,
                                                     but not limited to
                                                     pumps, valves, and
                                                     sampling
                                                     connections,
                                                     quarterly during
                                                     the loading of a
                                                     transport vehicle
                                                     or the filling of a
                                                     container using the
                                                     methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards. For
                                                     pressure relief
                                                     devices, comply
                                                     with Sec.
                                                     63.2346(a)(4)(v).
                                                     If no loading of a
                                                     transport vehicle
                                                     or filling of a
                                                     container occurs
                                                     during a quarter,
                                                     then monitoring of
                                                     the vapor balancing
                                                     system is not
                                                     required.
                              c. Route emissions    i. Continuing to
                               to a fuel gas         meet the
                               system or back to a   requirements
                               process.              specified in Sec.
                                                     63.984(b).

                              * * * * * * *
6. Storage tank at an         a. Route emissions    i. Continuing to
 existing, reconstructed, or   to a fuel gas         meet the
 new affected source meeting   system or back to     requirements
 any of the tank capacity      the process.          specified in Sec.
 and vapor pressure criteria                         63.984(b).
 specified in Table 2 to
 this subpart, items 1
 through 6.
                              b. Install and,       i. Except for
                               during the filling    pressure relief
                               of the storage tank   devices, monitoring
                               with organic          each potential
                               liquids, operate a    source of vapor
                               vapor balancing       leakage in the
                               system.               system, including,
                                                     but not limited to
                                                     pumps, valves, and
                                                     sampling
                                                     connections,
                                                     quarterly during
                                                     the loading of a
                                                     storage tank using
                                                     the methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards. For
                                                     pressure relief
                                                     devices, comply
                                                     with Sec.
                                                     63.2346(a)(4)(v).
                                                     If no loading of a
                                                     transport vehicle
                                                     or filling of a
                                                     container occurs
                                                     during a quarter,
                                                     then monitoring of
                                                     the vapor balancing
                                                     system is not
                                                     required.
------------------------------------------------------------------------

[FR Doc. E8-8810 Filed 4-22-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Page 69055]
[FR Doc No: 2016-24109]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2684-000]

Nippon Dynawave Packaging Co.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Nippon Dynawave Packaging Co.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 19, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-24109 Filed 10-4-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95247-95250]
[FR Doc No: 2016-31112]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79620; File No. SR-FINRA-2016-046]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Reporting Transactions in U.S.
Treasury Securities to the Trade Reporting and Compliance Engine

December 20, 2016.
    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 December 14, 2016, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to amend FINRA Rule 6710 to clarify the
definitions of ``Auction Transaction'' and ``When-Issued Transaction''
for the purposes of reporting transactions in U.S. Treasury Securities
to the Trade Reporting and Compliance Engine (``TRACE'').
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

6000. QUOTATION AND TRANSACTION REPORTING FACILITIES

* * * * *

6700. TRADE REPORTING AND COMPLIANCE ENGINE (TRACE)

6710. Definitions

    The terms used in this Rule 6700 Series shall have the same meaning
as those defined in the FINRA By-Laws and rules unless otherwise
specified. For the purposes of this Rule 6700 Series, the following
terms have the following meaning:
    (a) through (ee) No Change.
    (ff) ``Collateralized Debt Obligation'' (``CDO'') means a type of
Securitized Product backed by fixed-income assets

(such as bonds, receivables on loans, or other debt) or derivatives of
these fixed-income assets, structured in multiple classes or tranches
with each class or tranche entitled to receive distributions of
principal and/or interest in accordance with the requirements adopted
for the specific class or tranche. A CDO includes, but is not limited
to, a collateralized loan obligation (``CLO'') and a collateralized
bond obligation (``CBO'').
    ([ff]gg) ``Auction'' means the bidding process by which the U.S.
Department of the Treasury sells marketable securities to the public
pursuant to Part 356 of Title 31 of the Code of Federal Regulations.
    ([gg]hh) ``Auction Transaction'' means [the purchase of] a
transaction in which a member is awarded a U.S. Treasury Security in an
Auction.
    ([hh]ii) ``When-Issued Transaction'' means a transaction in a U.S.
Treasury Security that is executed before the [Auction for] issuance of
the security.

   Supplementary Material: ------

    .01 No Change.
* * * * *

6730. Transaction Reporting

    (a) through (b) No Change.

(c) Transaction Information To Be Reported

    Each TRACE trade report shall contain the following information:
    (1) through (2) No Change.
    (3) Price of the transaction (or the elements necessary to
calculate price, which are contract amount and accrued interest) or,
for When-Issued Transactions in U.S. Treasury Securities executed
before the Auction for the security, the yield as required by paragraph
(d)(1) of this Rule[below];
    (4) through (14) No Change.

(d) Procedures for Reporting Price, Capacity, Volume

(1) Price

    (A) Except as noted in subparagraph (B) [for When-Issued
Transactions in U.S. Treasury Securities], for principal transactions,
report the price, which must include the mark-up or mark-down.
(However, if a price field is not available, report the contract amount
and, if applicable, the accrued interest.) For agency transactions,
report the price, which must exclude the commission. (However, if a
price field is not available, report the contract amount and, if
applicable, the accrued interest.) Report the total dollar amount of
the commission if one is assessed on the transaction. Notwithstanding
the foregoing, a member is not required to include a commission, mark-
up or mark-down where one is not assessed on a trade-by-trade basis at
the time of the transaction or where the amount is not known at the
time the trade report is due. A member must use the ``No Remuneration''
indicator described in paragraph (d)(4)(F) where a trade report does
not reflect either a commission, mark-up or mark-down, except for an
inter-dealer transaction, a ``List or Fixed Offering Price
Transaction,'' as defined in Rule 6710(q), or a ``Takedown
Transaction,'' as defined in Rule 6710(r).
    (B) For When-Issued Transactions in U.S. Treasury Securities
executed before the Auction for the security and conducted on a
principal basis, report the yield, which must include the mark-up or
mark-down, of the security in lieu of price. For When-Issued
Transactions in U.S. Treasury Securities executed before the Auction
for the security and conducted on an agency basis, report the yield,
which must exclude the commission, of the security in lieu of price.
Report the total dollar amount of the commission.
    (2) through (4) No Change.
    (e) through (f) No Change.

   Supplementary Material: ------

    .01 through .05 No Change.
* * * * *

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

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On October 18, 2016, the Commission approved a proposed rule change
to require FINRA members to report certain transactions in U.S.
Treasury Securities to TRACE.\3\ The reporting requirements will be
implemented beginning July 10, 2017.\4\ As part of the proposed rule
change, FINRA adopted three new defined terms to address members'
reporting requirements involving transactions in U.S. Treasury
Securities that occur on a ``when-issued'' basis or that occur as part
of an auction of U.S. Treasury Securities: ``Auction,'' ``Auction
Transaction,'' and ``When-Issued Transaction.'' FINRA is amending the
definitions of ``Auction Transaction'' and ``When-Issued Transaction''
to clarify the application of those terms, and is amending Rule 6730 to
clarify the reporting requirements in light of the changes to the
definition of ``When-Issued Transaction.'' \5\
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    \3\ See Securities Exchange Act Release No. 79116 (October 18,
2016), 81 FR 73167 (October 24, 2016) (Notice of Filing of Amendment
No. 1 and Order Granting Accelerated Approval of File No. SR-FINRA-
2016-027).
    \4\ See Regulatory Notice 16-39 (October 2016).
    \5\ On September 23, 2016, the Commission approved SR-FINRA-
2016-023, which added a definition of ``Collateralized Debt
Obligation'' to Rule 6710 as paragraph (ff). See Securities Exchange
Act Release No. 78925 (September 23, 2016), 81 FR 67023 (September
29, 2016) (Order Approving File No. SR-FINRA-2016-023). The proposed
rule change also amends the paragraph designations for the
definitions of ``Auction,'' ``Auction Transaction,'' and ``When-
Issued Transaction'' as (gg), (hh), and (ii), respectively.
---------------------------------------------------------------------------

    First, FINRA is amending the terminology in the definition of
``Auction Transaction'' to conform to the regulations applicable to
auctions of U.S. Treasury Securities. As adopted, the term ``Auction
Transaction'' is defined as ``the purchase of a U.S. Treasury Security
in an Auction.'' \6\ Pursuant to the amendments to Rule 6730(e),
Auction Transactions are exempt from the TRACE reporting requirements.
---------------------------------------------------------------------------

    \6\ The term ``Auction'' means ``the bidding process by which
the U.S. Department of the Treasury sells marketable securities to
the public pursuant to Part 356 of Title 31 of the Code of Federal
Regulations.''
---------------------------------------------------------------------------

    When conducting auctions, the Department of the Treasury accepts
bids and determines awards pursuant to the process set forth in the
applicable regulations.\7\ Securities awarded during the auction
process must then be paid for by the issue date established in the
announcement for the auction.\8\ To incorporate the concept of
``awards'' and maintain consistency with the applicable Treasury
regulations, FINRA is amending the definition of ``Auction
Transaction'' to mean ``the [sic] \9\ transaction in which a member is
awarded a U.S. Treasury Security in an Auction.'' Consequently, the
acquisition of U.S. Treasury Securities on the issue

date as a result of a successful bid in an Auction will not be
reportable to TRACE by a FINRA member. Any secondary market
transactions in the security following the initial acquisition on the
issue date will be reportable.
---------------------------------------------------------------------------

    \7\ See 31 CFR 356.20 (How does the Treasury determine auction
awards?).
    \8\ See 31 CFR 356.25 (How does the settlement process work?).
    \9\ The proposed rule text states: `` `Auction Transaction'
means a transaction in which a member is awarded a U.S. Treasury
Security in an Auction.''
---------------------------------------------------------------------------

    Second, FINRA is amending the definition of ``When-Issued
Transaction'' to conform to more common usage of the term. As adopted,
the term ``When-Issued Transaction'' was defined as ``a transaction in
a U.S. Treasury Security that is executed before the Auction for the
security.'' Although ``when-issued'' trading typically refers to any
trading conducted between the announcement of an auction for a U.S.
Treasury Security and the issue date, which can often be several days
after the auction for the security, FINRA defined the term to extend
only until the auction for the security to reflect the change in how
transactions are priced before and after the auction (i.e.,
transactions are generally conducted on a yield basis before the
auction and on a price basis after the auction).
    To conform the definition in the TRACE rules to more common usage,
FINRA is amending the definition of ``When-Issued Transaction'' to mean
``a transaction in a U.S. Treasury Security that is executed before the
issuance of the security.'' Under the amendment, therefore, the timing
of When-Issued Transactions will still commence with the announcement
of the Auction, but any transaction in the security subject to the
Auction will be considered a ``When-Issued Transaction'' until the date
the security is issued rather than the date the security is auctioned.
Members will still be required to report yield, rather than price, for
When-Issued Transactions up until the Auction for the security and
price following the Auction; however, all When-Issued Transactions,
both before and after the Auction up until the issue date, must be
reported with the appropriate indicator. Because of the change in
definition, FINRA also is amending Rule 6730 to clarify that, although
the definition of the term ``When-Issued Transaction'' is being
amended, there are no changes as to how members report price or yield
on these transactions.\10\
---------------------------------------------------------------------------

    \10\ Similarly, the guidance FINRA has provided on the use of
the When-Issued Transaction indicator and reopening transactions
does not change as a result of these amendments. See Regulatory
Notice 16-39 (October 2016).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be July 10, 2017.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the amendments will conform the
terms in FINRA rules to their more common usage and use of these terms
in applicable Treasury regulations. FINRA believes the amended
definitions may reduce confusion regarding usage of the terms in the
FINRA TRACE rules.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA 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. Because the amendments are
limited to conforming the terms in FINRA rules to their more common
usage and to the use of the terms in applicable Treasury regulations,
FINRA believes that amending the definitions may reduce confusion
regarding usage of the terms and will not result in any burden on
competition.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    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-FINRA-2016-046 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2016-046. 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 office of FINRA. 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-
FINRA-2016-046, and should be submitted on or before January 17, 2017.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31112 Filed 12-23-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Notices]
[Page 59501]
[DOCID:fr10oc06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP06-463-000]

ANR Storage Company; Notice of Application

October 2, 2006.
    Take notice that on September 21, 2006, ANR Storage Company (ANR
Storage), 1001 Louisiana, Houston, Texas 77002, filed in docket CP06-
463-000 an application pursuant to section 7 of the Natural Gas Act
(NGA), as amended, for authority to abandon by sale to ANR Pipeline
Company (ANR Pipeline) an ownership interest in the Cold Springs 12
Lateral that ANR Storage owns in Kalkaska County, Michigan, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection. This filing may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, call (202)
502-8659 or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to Dawn
McGuire, Attorney, ANR Pipeline Company, 1001 Louisiana, Houston, Texas
77002, or call<PHONE_NUMBER> or fax<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Comment Date: October 23, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16620 Filed 10-6-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47197-47198]
[FR Doc No: 2020-16940]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2526-000]

Weaver Wind Maine Master Tenant, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced Weaver Wind
Maine Master Tenant, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that

such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 18, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: July 29, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16940 Filed 8-3-20; 8:45 am]
BILLING CODE 6717-01-P