[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Notices]
[Page 78412-78414]
[DOCID:fr22de08-142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59097; File No. SR-FINRA-2008-057]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change to Update Rule Cross-References and Make Other
Various Non-Substantive Technical Changes to FINRA Rules00

December 12, 2008.
    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 3, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) 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. FINRA designated the
proposed rule change as ``non-controversial'' under Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to update rule cross-references and make other
various non-substantive technical changes to FINRA rules that have been
adopted in the consolidated FINRA rulebook but not yet implemented.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA is in process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook'').\5\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook. The
proposed rule change would effectuate those amendments in certain rules
that have been approved by the Commission but not yet implemented in
the Consolidated FINRA Rulebook.
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    \5\ The current FINRA rulebook includes, in addition to FINRA
Rules, (1) NASD Rules and (2) rules incorporated from NYSE
(``Incorporated NYSE Rules'') (together, the NASD Rules and
Incorporated NYSE Rules are referred to as the ``Transitional
Rulebook''). While the NASD Rules generally apply to all FINRA
members, the Incorporated NYSE Rules apply only to those members of
FINRA that are also members of the NYSE (``Dual Members''). For more
information about the rulebook consolidation process, see FINRA
Information Notice, March 12, 2008 (Rulebook Consolidation Process).
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    During the months of August and September 2008, the Commission
approved nine FINRA proposed rule changes (``Phase 1 Rules'').\6\ Those
rules

will be implemented on December 15, 2008.\7\ The proposed rule change
generally would make several types of changes to those approved rules.
First, it would update rule cross-references. For example, references
to NASD rules would be changed to reference the new corresponding FINRA
rules. In addition, the proposed rule change would update FINRA Rule
7410(g) to reference New York Stock Exchange Rule 132B, rather than
Rule 80A, pursuant to a previously approved New York Stock Exchange
rule filing.\8\
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    \6\ See Securities Exchange Act Release No. 58421 (August 25,
2008), 73 FR 51032 (August 29, 2008) (Order Approving File No. SR-
FINRA-2008-025); Securities Exchange Act Release No. 58461
(September 4, 2008), 73 FR 52710 (September 10, 2008) (Order
Approving File No. SR-FINRA-2008-033); Securities Exchange Act
Release No. 58514 (September 11, 2008), 73 FR 54190 (September 18,
2008) (Order Approving File No. SR-FINRA-2008-039); Securities
Exchange Act Release No. 58643 (September 25, 2008), 73 FR 57174
(October 1, 2008) (Order Approving File Nos. SR-FINRA-2008-021; SR-
FINRA-2008-022; SR-FINRA-2008-026; SR-FINRA-2008-028 and SR-FINRA-
2008-029); Securities Exchange Act Release No. 58660 (September 26,
2008), 73 FR 57393 (October 2, 2008) (Order Approving File No. SR-
FINRA-2008-027); Securities Exchange Act Release No. 58661
(September 26, 2008), 73 FR 57395 (October 2, 2008) (Order Approving
File No. SR-FINRA-2008-030).
    \7\ See FINRA Regulatory Notice 08-57 (October 2008) (FINRA
Announces SEC Approval and Effective Date for New Consolidated FINRA
Rules).
    \8\ See Securities Exchange Act Release No. 56726 (October 31,
2007), 72 FR 62719 (November 6, 2007) (Notice of Filing and
Immediate Effectiveness of File No. SR-NYSE-2007-96).
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    Second, the proposed rule change would adopt into the Consolidated
FINRA Rulebook without material change new NASD rules that were
approved after the Phase 1 Rules were submitted to the Commission: NASD
Rules 12905 and 13905.\9\ It would also update the Consolidated FINRA
Rulebook to account for amendments to NASD and Incorporated NYSE Rules
that were approved after the Phase I Rules were submitted to the
Commission. Those affected rules are FINRA Rules 6220, 6275, 6540, 6560
(since deleted), 6622, 6730 and 9217.\10\
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    \9\ See Securities Exchange Act Release No. 58739 (October 6,
2008), 73 FR 60738 (October 14, 2008) (Order Approving File No. SR-
FINRA-2008-005).
    \10\ See Securities Exchange Act Release No. 55351 (February 26,
2007), 72 FR 9810 (March 5, 2007) (Order Approving File No. SR-NASD-
2005-146); Securities Exchange Act Release No. 58532 (September 12,
2008), 73 FR 54649 (September 22, 2008) (Order Approving File No.
SR-NASD-2007-041); Securities Exchange Act Release No. 58331 (August
8, 2008), 73 FR 47990 (August 15, 2008) (Order Approving File No.
SR-FINRA-2008-016); Securities Exchange Act Release No. 58514
(September 11, 2008), 73 FR 54190 (September 18, 2008) (Order
Approving File No. SR-FINRA-2008-039); Securities Exchange Act
Release No. 58533 (September 12, 2008), 73 FR 54652 (September 22,
2008) (Order Approving File No. SR-FINRA-2008-036); Securities
Exchange Act Release No. 58520 (September 11, 2008), 73 FR 54193
(September 18, 2008) (Order Approving File No. SR-FINRA-2008-040).
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    Third, the proposed rule change would delete a reference in FINRA
Rule 5110 to ``SEC Regulation B'', which previously was rescinded.\11\
In that same FINRA rule, the proposed rule change would add language
that inadvertently was left out of the existing NASD rule when that
NASD rule was adopted without material change into the Consolidated
FINRA Rulebook.\12\ The proposed rule change also would delete in FINRA
Rule 6440 references to certain subparagraphs of SEA Rule 15c2-11 that
no longer exist.
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    \11\ See Securities Exchange Act Release No. 37262 (May 31,
1996), 61 FR 30397 (June 14, 1996) (File No. S7-6-96).
    \12\ See Securities Exchange Act Release No. 58514 (September
11, 2008), 73 FR 54190 (September 18, 2008) (Order Approving File
No. SR-FINRA-2008-039, which failed to include language adopted in
SR-NASD-2001-046).
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    Fourth, the proposed rule change would replace references to the
SEC's Electronic Data Gathering and Retrieval (``EDGAR'') System with
its new name, the Interactive Data Electronic Applications (``IDEA'')
System. Finally, the proposed rule change would update FINRA Rules 4560
and 5110 to reflect a change in FINRA style convention when referencing
SEC rules and regulations.
    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change on December 15, 2008, the date on which the previously approved
rule changes will also be implemented.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\13\ 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 the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
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    \13\ 15 U.S.C. 78o-3(b)(6).
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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.

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 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 after the date of filing, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to Section 19(b)(3)(A) of the Act \14\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\15\ As required under Rule 19b-4(f)(6)(iii),\16\
FINRA provided the Commission with 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
filing of the proposed rule change.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to the 30th day after the date of
filing.\17\ However, Rule 19b-4(f)(6)(iii) \18\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA requested that
the Commission waive the 30-day operative delay and designate the
proposed rule change to become operative upon filing so that FINRA can
implement the proposed rule change on December 15, 2008, the same date
on which the previously approved rule changes relating the Consolidated
FINRA Rulebook will be implemented. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. In particular, the Commission does
not believe that the proposed rule change presents any novel issues.
The proposed rule change makes non-substantive changes to update FINRA
rules in the Consolidated FINRA Rulebook to reflect changes to FINRA
rules previously published for comment by the Commission. Accordingly,
the Commission designates the proposed rule change to be operative upon
filing with the Commission.\19\
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    \17\ See id.
    \18\ Id.
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2008-057 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2008-057. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of 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-2008-057 and should be
submitted on or before January 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-30319 Filed 12-19-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24726-24728]
[FR Doc No: 2021-09634]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0735; FRL-10022-52-Region 9]

Air Plan Approval; Arizona; Miami Copper Smelter Sulfur Dioxide
Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Arizona State Implementation Plan
(SIP). This revision concerns emissions of sulfur dioxide
(SO2) from the copper smelter in Miami, Arizona. We are
approving the rescission of two Arizona Department of Environmental
Quality (ADEQ) Arizona Administrative Code (A.A.C.) provisions from the
Arizona SIP that are no longer needed to regulate this emission source
under the Clean Air Act (CAA or the ``Act'').

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0735. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 3, 2021 (86 FR 12310), the EPA proposed to approve the
following revision into the Arizona SIP.

                          Table 1--Rule for Which Rescission From the SIP Is Requested
----------------------------------------------------------------------------------------------------------------
    Local agency          Citation          Rule title               Adopted               SIP approval date
----------------------------------------------------------------------------------------------------------------
ADEQ................  A.A.C. R18-2-    Standards of          March 7, 2009..........  September 23, 2014.
                       715(F)(2) and    Performance for
                       (H).             Existing Primary
                                        Copper Smelters;
                                        Site-specific
                                        Requirements.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this revision because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the revision and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During

this period, we received one comment (with four duplicates) that were
supportive of our action.

III. EPA Action

    No comments were submitted that change our assessment of the
revision as described in our proposed action. Therefore, as authorized
in section 110(k)(3) of the Act, the EPA is fully approving the
rescission of A.A.C. R18-2-715, sections (F)(2) and (H) from the
Arizona SIP.

IV. Incorporation by Reference

    In this rule, the EPA is amending regulatory text that includes
incorporation by reference. The EPA is removing A.A.C. R18-2-715(F)(2)
and (H), as described in Table 1 of this preamble, from the Arizona
SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 9, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 30, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. In Sec.  52.120, amend table 2 in paragraph (c), under the heading
``Article 7 (Existing Stationary Source Performance Standards),'' by
removing the entry reading ``R18-2-715, sections F, G, and H'' and
adding in its place the entry ``R18-2-715, section F, excluding (F)(2),
and section G'' to read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

                                    Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         State citation              Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Article 7 (Existing Stationary Source Performance Standards)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R18-2-715, section F, excluding   Standards of        March 7, 2009.....  September 23,       EPA approved the
 (F)(2), and section G.            Performance for                         2014, 79 FR         rescission of
                                   Existing Primary                        56655; May 10,      sections (F)(2)
                                   Copper Smelters:                        2021, [INSERT       and (H) on May
                                   Site-Specific                           Federal Register    10, 2021.
                                   Requirements.                           CITATION].

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

* * * * *
[FR Doc. 2021-09634 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48504-48507]
[FR Doc No: 2021-17952]

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

40 CFR Part 52

[EPA-R03-OAR-2020-0703; FRL-8837-02-R3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Regional Haze State Implementation Plan for the
Second Implementation Period and Reasonably Available Control
Technology for Major Stationary Sources of Nitrogen Oxides; Technical
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
regional haze state implementation plan (SIP) revision submitted by the
District of Columbia (``the District'' or ``DC'') through the
Department of Energy and Environment (DOEE) on November 8, 2019, as
satisfying applicable requirements under the Clean Air Act (CAA) and
EPA's Regional Haze Rule (RHR) for the program's second implementation
period. The District's SIP submission addressed the requirement that
states must periodically revise their long-term strategies for making
reasonable progress towards the national goal of preventing any future,
and remedying any existing, anthropogenic impairment of visibility in
mandatory Class I Federal Areas, including regional haze. EPA is taking
this action pursuant to sections 110 and 169A of the CAA. EPA is also
correcting an error in the citations in our previous final approval of
the District's revision to the Reasonably Available Control Technology
for Major Stationary Sources of Nitrogen Oxides Rule (``DC NOx RACT
rule'') according to our authority under section 110(k)(6) of the CAA.

DATES: This final rule is effective on September 30, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0703. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Keila M. Pag[aacute]n-Incle, Planning
& Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2926. Ms. Pag[aacute]n-Incle can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 15, 2021, EPA published a notice of proposed rulemaking
(NPRM) for the District. 86 FR 19793. The NPRM proposed approval of
DC's regional haze plan for the second implementation period (``DC DOEE
2019 Regional Haze SIP submission''), which runs through 2028.
    In the 1977 CAA amendments, Congress created a program for
protecting visibility in the nation's mandatory Class I Federal areas,
which include certain national parks and wilderness areas.\1\ 42 U.S.C
7491. The CAA establishes as a national goal the ``prevention of any
future, and the remedying of any existing, impairment of visibility in
mandatory Class I Federal areas which impairment results from manmade
air pollution'',\2\ and directs EPA to promulgate regulations to assure
reasonable progress toward meeting this national goal. 42 U.S.C.
7491(a)(4). On July 1, 1999, EPA promulgated the RHR, which is codified
at 40 CFR 51.308.\3\ See 64 FR 35714. Additional background and
information about regional haze and the regional haze program is
included in the April 15, 2021 proposal. 86 FR 19793.
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    \1\ Areas statutorily designated as mandatory Class I Federal
areas consist of national parks exceeding 6,000 acres, wilderness
areas and national memorial parks exceeding 5,000 acres, and all
international parks that were in existence on August 7, 1977. 42
U.S.C. 7472(a). There are 156 mandatory Class I areas. The list of
areas to which the requirements of the visibility protection program
apply is in 40 CFR part 81, subpart D.
    \2\ 42 U.S.C. 7491(a)(1).
    \3\ In addition to the generally applicable regional haze
provisions at 40 CFR 51.308, EPA also promulgated regulations
specific to addressing regional haze visibility impairment in Class
I areas on the Colorado Plateau at 40 CFR 51.309. The latter
regulations are applicable only for specific jurisdictions' regional
haze plans submitted no later than December 17, 2007, and thus are
not relevant here.
---------------------------------------------------------------------------

    To address regional haze visibility impairment, the 1999 RHR
established an iterative planning process that requires states in which
Class I areas are located and states ``the emissions from which may
reasonably be anticipated to cause or contribute to any impairment of
visibility'' in a Class I area to periodically submit SIP revisions to
address regional haze visibility impairment. 42 U.S.C. 7491(b)(2); 40
CFR 51.308(b) and (f); see also 64 FR 35768 (July 1, 1999). Under the
CAA, each SIP submission must contain ``a long-term (ten to fifteen
years) strategy for making reasonable progress toward meeting the
national goal.'' 42 U.S.C. 7491(b)(2)(B). States' first regional haze
SIP submissions were due by December 17, 2007, 40 CFR 51.308(b), with
subsequent SIP submissions containing revised long-term strategies
originally due July 31, 2018, and every ten years thereafter. 64 FR
35768.
    On January 10, 2017, EPA promulgated revisions to the RHR that
apply for the second and subsequent implementation periods. 82 FR 3078.
The revisions to the regional haze program focused on the requirement
that States' SIPs contain long-term strategies for making reasonable
progress towards the national visibility goal. Among other changes
relative to the first period requirements, the 2017 RHR Revisions
adjusted the deadline for States to submit their second-implementation-
period SIP revisions from July 31, 2018 to July 31, 2021, clarified the
order of analysis and the relationship between the reasonable progress
goals (RPGs) and the long-term strategy, and focused on making
visibility improvements on the days with the most anthropogenic
visibility impairment, as opposed to the days with the most visibility
impairment overall. EPA has issued several guidance documents relevant
to SIP development for the second

implementation period, including the August 2019 ``Guidance on Regional
Haze State Implementation Plans for the Second Implementation Period''
(``2019 Guidance'').\4\
---------------------------------------------------------------------------

    \4\ Guidance on Regional Haze State Implementation Plans for the
Second Implementation Period. Available at: https://www.epa.gov/visibility/guidance-regional-haze-state-implementation-plans-second-implementation-period EPA Office of Air Quality Planning and
Standards, Research Triangle Park (August 20, 2019).
---------------------------------------------------------------------------

    Because the air pollutants and pollution affecting visibility in
Class I areas can be transported over long distances, successful
implementation of the regional haze program requires long-term,
regional coordination among multiple jurisdictions and agencies that
have responsibility for Class I areas and the emissions that impact
visibility in those areas. In order to address regional haze, states
need to develop strategies in coordination with one another,
considering the effect of emissions from one jurisdiction on the air
quality in another. Five regional planning organizations (RPOs), which
include representation from state and tribal governments, EPA, and
federal land managers (FLMs), were developed in the lead-up to the
first implementation period to address regional haze. RPOs evaluate
technical information to better understand how emissions from state and
tribal land impact Class I areas across the country, pursue the
development of regional strategies to reduce emissions of particulate
matter and other pollutants leading to regional haze, and help states
meet the consultation requirements of the RHR.
    One of the five RPOs described above is the Mid-Atlantic/Northeast
Visibility Union (MANE-VU). MANE-VU is a collaborative effort of state
governments, tribal governments, and various Federal agencies
established to initiate and coordinate activities associated with the
management of regional haze, visibility, and other air quality issues
in the Mid-Atlantic and Northeast corridor of the United States. The
District, as well as other states and tribal governments along the Mid-
Atlantic and Northeast corridor, are members of MANE-VU.
    EPA published a final rule fully approving the DC regional haze SIP
submission for the first implementation period on February 2, 2012 (77
FR 5191), and approved a five-year progress report as a SIP revision
into the DC SIP on August 10, 2017 (82 FR 37305). On November 8, 2019,
the District submitted another SIP revision, developed with the
technical information from MANE-VU, to address the jurisdiction's
regional haze obligations for the second implementation period, which
runs through 2028. On April 15, 2021, EPA proposed to approve the DC
DOEE 2019 Regional Haze SIP submission as meeting the applicable
statutory and regulatory requirements. 86 FR 19793.
    In the April 15, 2021 publication, EPA also proposed to correct an
error in the citations of the regulatory provisions in a previous
action--the final rule (FR) and identification of plan of the DC NOx
RACT rule (February 24, 2020, 85 FR 10295)--according to our authority
to make corrections to prior SIP actions under Section 110(k)(6) of the
CAA. As we noted in the NPRM, the DC DOEE 2019 Regional Haze SIP
submission relies in part on this rule.

II. Summary of SIP Revision and EPA Analysis

    Under the CAA and EPA's regulations, each state, including the
District, must include in its SIP a long-term (ten to fifteen years)
strategy for making reasonable progress toward meeting the national
goal of remedying any existing and preventing any future anthropogenic
visibility impairment in Class I areas. 42 U.S.C. 7491(b)(2)(B). To
this end, 40 CFR 51.308(f) lays out the process by which states
determine what constitutes their long-term strategies, with the order
of the requirements in 40 CFR 51.308(f)(1) through (3) generally
mirroring the order of the steps in the reasonable progress analysis
and (f)(4) through (6) containing additional, related requirements. In
addition, the SIP submissions for the second implementation period must
address the requirements in 40 CFR 51.308(g)(1) through (5) pertaining
to periodic reports describing progress towards the RPGs, 40 CFR
51.308(f)(5), as well as requirements for FLM consultation that apply
to all visibility protection SIPs and SIP revisions. 40 CFR 51.309(i).
    As discussed in the April 15, 2021 (86 FR 19793) NPRM, in
accordance with CAA sections 169A and the RHR at 40 CFR 51.308(f), on
November 8, 2019, DC DOEE submitted a revision to the DC SIP to address
the jurisdiction's regional haze obligations for the second
implementation period. The revision included the analyses conducted by
MANE-VU and the District's determinations based on those analyses; the
District's long-term strategy for making reasonable progress; and the
District's assessment of progress made since the first implementation
period in reducing emissions of visibility impairing pollutants and the
visibility improvement progress at nearby Class I areas. EPA evaluated
the District's submission against the requirements of the CAA and RHR
for the second implementation period of the regional haze program. The
following is a summary of selected components of the District's SIP
submission; EPA's full evaluation of the complete submission against
all applicable regional haze requirements for the second implementation
period is contained in Section IV of the April 15, 2021 NPRM.
    The core component of a regional haze SIP submission is a long-term
strategy that addresses regional haze in each Class I area within a
state's borders and each Class I area that may be affected by emissions
from the state. The long-term strategy ``must include the enforceable
emissions limitations, compliance schedules, and other measures that
are necessary to make reasonable progress, as determined pursuant to
[40 CFR 51.308](f)(2)(i) through (iv).'' 40 CFR 51.308(f)(2). The
amount of progress that is ``reasonable progress'' is determined by
applying the four statutory factors in CAA section 169A(g)(1) in an
evaluation of potential control options for sources of visibility
impairing pollutants, which is referred to as a ``four-factor''
analysis. The RHR refers to the controls identified pursuant to a four-
factor analysis as ``emission reduction measures,'' see 40 CFR
51.308(f)(2)(i); these measures represent the level of emissions that a
particular source or group of sources need to achieve to make
reasonable progress towards the national visibility goal. States' SIPs
must include ``enforceable emissions limitations, compliance schedules,
and other measures'' (i.e., any compliance tools) for the emission
reduction measures they have determined are necessary to make
reasonable progress pursuant to four-factor analysis. 40 CFR
51.308(f)(2).
    MANE-VU's strategy, on which the District relied to satisfy its
requirements for the second implementation period, included a
combination of (1) measures for certain source sectors and groups of
sources that the RPO determined were reasonable for states to pursue,
and (2) a request for member states to conduct four-factor analyses for
individual sources that it identified as contributing to visibility
impairment. MANE-VU developed a set of emissions reduction measures for
making reasonable progress in the five MANE-VU Class I areas. MANE-VU
refers to each of the components of its overall strategy as an ``Ask''
of its member states. The District's submission discussed each of the
Asks and explained why or why not each is applicable and how it has
complied with the relevant components of the emissions control strategy
MANE-VU has laid out for its states. A

detailed description about the District's response to the six MANE-VU
Asks and EPA's evaluation of the District's responses and compliance
with 40 CFR 51.308(f)(2)(i) can be found in Section IV. E. of the April
15, 2021 NPRM.
    The NPRM also sets out at length the other requirements in the RHR
that the DC DOEE 2019 Regional Haze SIP submission must meet to be
approved, EPA's evaluation of the DC DOEE 2019 Regional Haze SIP
submission against those requirements, and EPA's conclusion that the
District has met its requirements under 40 CFR 51.308 with respect to
its regional haze SIP for the second implementation period, the DC DOEE
2019 Regional Haze SIP submission. In particular, EPA evaluated these
requirements, as set forth in the NPRM, including: (1) Monitoring
strategy and other implementation plan requirements; (2) requirements
for RPG; and (3) requirements for state and FLM coordination. These
other specific requirements of the CAA and EPA's RHR, and the rationale
for EPA's proposed action, are more fully explained in the NPRM and
will not be restated here.

III. EPA's Response to Comments Received

    EPA received one comment supporting our proposed action in the
April 15, 2021 NPRM. The comment received is in the docket for this
rulemaking action. EPA received no adverse comments.

IV. Final Action

    EPA is approving the revision to the District of Columbia SIP
submitted by the District through DC DOEE on November 8, 2019. EPA is
approving the District's SIP submission as satisfying the regional haze
requirements for the second implementation period.

V. Incorporation by Reference

    In addition, EPA is correcting errors in the regulatory citation in
our February 24, 2020 (85 FR 10295) final action on the DC
NOX RACT rule and is codifying this correction by revising
the appropriate entries under 40 CFR 52.470 (Identification of Plan).
EPA approved the District's revision to the DC NOX RACT rule
(20 DCMR 805) into the SIP on February 24, 2020. 85 FR 10295. However,
after we finalized the rulemaking, EPA discovered that we had erred in
identifying the particular sections of the DC NOX RACT rule
for incorporation by reference into the DC SIP. EPA is amending the
table in paragraph (c) of 40 CFR 52.470 to correctly reflect our
intended approval of 20 DCMR sections 805.1(a), 805.1(a)(2), 805.4(a),
and 805.4(b), described as follows.
    EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
    Amendments to 20 District of Columbia Municipal Regulations (20
DCMR) Chapter 8, section 805.4:
    a. Amending sections 805.4(a)(1) and (2) to set NOX
emission limitations for any stationary combustion turbines with a heat
input rating greater than fifty million (50,000,000) BTU per hour;
    b. Amending section 805.4(a)(3) to set NOX emission
limitations for certain stationary combustion turbines with a heat
input rating less than or equal to fifty million (50,000,000) BTU per
hour;
    c. Amending section 805.4(a)(4) to set NOX emission
limitations for certain stationary combustion turbines with a heat
input rating less than or equal to ten million (10,000,000) BTU per
hour;
    d. Amending section 805.4(b) to replace requirements for stationary
combustion turbines with an energy input capacity of one hundred
million (100,000,000) BTU per hour or greater which is operated for
less than five hundred (500) hours per year with testing and continuous
monitoring requirements for any person required to comply with section
805.4.
    These regulatory changes to section 805 were adopted on November
27, 2018, and effective on the date of publication, December 14, 2018,
in the District of Columbia Register (Vol. 65, Number 51, page 013499,
December 14, 2018).

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it

is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 1, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action pertaining to the District's regional haze state
implementation plan for the second implementation period and correction
for the RACT rule for major stationary sources of NOX may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 11, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. Amend Sec.  52.470:
0
a. In the table in paragraph (c), by revising the entry for ``Section
805''; and
0
b. In the table in paragraph (e), by adding the entry ``Regional Haze
State Implementation Plan for the Second Implementation Period'' at the
end of the table.
    The revision and addition read as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                       EPA--Approved Regulations and Statutes in the District of Columbia
----------------------------------------------------------------------------------------------------------------
                                                             State                               Additional
        State citation               Title/subject      effective date  EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 805...................  Reasonably Available        12/14/2018  8/31/2021,         Amended 805.1(a),
                                 Control Technology                      [insert Federal    805.1(a)(2), and
                                 for Major Stationary                    Register           805.4 (a) and (b).
                                 Sources of Nitrogen                     citation].         Previous approval
                                 Oxides.                                                    (see the Federal
                                                                                Register of 2/24/
                                                                                2020) corrected to
                                                                                include accurate
                                                                                citation of
                                                                                amendments to DC NOx
                                                                                RACT rule.

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Regional Haze State                Statewide..........       11/8/2019  8/31/2021, [insert   For the Regional
 Implementation Plan for the                                             Federal Register     Haze Second
 Second Implementation Period.                                           citation].           Implementation
                                                                                Period.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-17952 Filed 8-30-21; 8:45 am]
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[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53415-53416]
[DOCID:fr16se08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-467-000]

Texas Gas Transmission, LLC; Notice of Application

September 9, 2008.
    Take notice that on September 2, 2008, Texas Gas Transmission, LLC
(Texas Gas), 3800 Frederica Street, Owensboro, Kentucky 42301, filed in
Docket No. CP08-467-000, an application pursuant to section 7 of the
Natural Gas Act (NGA) and Part 157 of the Commission's Regulations to:
(i) Construct, own, operate and maintain a new compressor station
located on the Fayetteville Lateral (Bald Knob Compressor Station) in
White County, Arkansas, and a new compressor station located on the
Greenville Lateral (Isola Compressor Station) in Humphreys County,
Mississippi; and (ii) make certain modifications at the existing
Greenville compressor station in Washington County, Mississippi, in
order to meet the increased capacity demands of their existing mainline
system. This project is hereafter referred to as the Fayetteville Shale
Compressor Project (Project), and in addition seeking a
predetermination that Texas Gas may roll-in the costs of the Project
into its approved Incremental Rates for Service on the Fayetteville
Lateral and the Greenville Lateral (Lateral Incremental Rates) in the
next rate case, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. This filing
is accessible on-line at http://www.ferc.gov, using the ``eLibrary''
link and is available for 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 e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Specifically, the Bald Knob Compressor Station will consist of two
13,330 horsepower (hp) turbine compressor units designed to increase
the Fayetteville Lateral's maximum capacity to approximately 1.3 Bcf
per day. The Isla Compressor Station will consist of one 13,330 hp
turbine compressor unit designed to increase the Greenville Lateral's
maximum capacity to approximately 1.0 Bcf per day. The Project is
designed to increase the market's access to production from the
prolific Fayetteville Shale in an environmentally prudent manner and in
a rational time frame that will meet the needs of the market.
Chesapeake Energy Corporation (Chesapeake) and XTO Energy Inc. (XTO)
are the primary customers supporting this Project, having executed new
agreements for the firm transportation capacity created by the project.
In addition, Southwestern Energy Company (Southwestern) and Petrohawk
Energy Corporation (Petrohawk) have exercised options in their existing
agreements that will utilize a portion of the additional firm
transportation capacity that will be facilitated by the Project.\1\
---------------------------------------------------------------------------

    \1\ These options were exercised pursuant to the precedent
agreements that these shippers signed in support of the Fayetteville
and Greenville Lateral expansion project. See, 123 FERC ] 61,118
(2008).
---------------------------------------------------------------------------

    Any questions regarding this application should be directed to J.
Kyle Stephens, Vice President of Regulatory Affairs, Boardwalk Pipeline
Partners,

LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, at (713) 479-
8033 or fax at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link at http://www.ferc.gov. The Commission strongly encourages
intervenors to file electronically. Persons unable to file
electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    Comment Date: September 30, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-21542 Filed 9-15-08; 8:45 am]

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[Federal Register: June 8, 2006 (Volume 71, Number 110)]
[Notices]
[Page 33305-33306]
[DOCID:fr08jn06-56]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket No. EPA-R02-OAR-2006-0342; FRL-8181-7]

Adequacy Status of the Submitted 2009 Early Progress Direct PM2.5
and NOX Motor Vehicle Emission Budgets for Transportation Conformity
Purposes for Northern New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (``budgets'') for direct
PM2.5 and NOX in the submitted PM2.5
early progress state implementation plan (SIP) for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
PM2.5 nonattainment area to be adequate for transportation
conformity purposes. The transportation conformity rule requires that
the EPA conduct a public process and make an affirmative decision on
the adequacy of budgets before they can be used by metropolitan
planning organizations (MPOs) in conformity determinations. As a result
of our finding, the MPOs in northern New Jersey, the North Jersey
Transportation Planning Authority (NJTPA) and the Delaware Valley
Regional Planning Commission (DVRPC), must use the new 2009 direct
PM2.5 and NOX budgets from the early progress
PM2.5 SIP for future conformity determinations.

DATES: This finding is effective June 23, 2006.

FOR FURTHER INFORMATION CONTACT: Matt Laurita, Air Programs Branch,
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor,
New York, New York 10007-1866,<PHONE_NUMBER><EMAIL_ADDRESS>    The finding and the response to comments will be available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have
already made. EPA Region 2 sent a letter to the New Jersey Department
of Environmental Protection on May 31, 2006 stating that the 2009
direct PM2.5 and NOX budgets in the submitted
early progress SIP for Northern New Jersey (dated May 18, 2006) are
adequate for conformity purposes. The purpose of New Jersey's May 18,
2006 submittal was to establish budgets for the metropolitan planning
organizations in northern New Jersey to use in making conformity
determinations. EPA's adequacy finding will also be announced on EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
.

    Transportation conformity (40 CFR part 93) is required by section
176(c) of the Clean Air Act. EPA's conformity rule requires that
transportation plans, programs, and projects conform to SIPs and
establishes the criteria and procedures for determining whether or not
they conform. Conformity to a SIP means that transportation activities
will

not produce new air quality violations, worsen existing violations, or
delay timely attainment of the National Ambient Air Quality Standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). Please note that an adequacy review is separate
from EPA's completeness review, and it also should not be used to
prejudge EPA's ultimate approval of the SIP. Even if we find a budget
adequate, the SIP could later be disapproved.
    We have described our process for determining the adequacy of
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule
in making our adequacy determination.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: May 26, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E6-8936 Filed 6-7-06; 8:45 am]

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