[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21682-21691]
[FR Doc No: 2011-9286]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0635; FRL-9296-7]

Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Section 110(a)(2) Infrastructure Requirements for the 1997
8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve submittals from the State of
Louisiana pursuant to the Clean Air Act (CAA or Act) that address the
infrastructure elements specified in the CAA section 110(a)(2),
necessary to implement, maintain, and enforce the 1997 8-hour ozone and
1997 fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS or standards). We are proposing to find that
the current Louisiana State Implementation Plan (SIP) meets the
following infrastructure elements for the 1997 8-hour ozone NAAQS and
the 1997 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA is also proposing to approve
SIP revisions that modify Louisiana's PSD SIP for the 1997 8-hour ozone
NAAQS to include nitrogen oxides (NOX) as an ozone
precursor. This action is being taken under section 110 and part C of
the Act.

DATES: Comments must be received on or before May 18, 2011.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2008-0635, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0635. 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 in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov, or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a fee of 15 cents
per page for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202.
    The State submittal is also available for public inspection during
official business hours by appointment: Louisiana Department of
Environmental Quality (LDEQ), Office of Environmental Quality
Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-6762; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.

Table of Contents

I. Background
    A. What are the national ambient air quality standards?
    B. What is a SIP?
    C. What is the background for this rulemaking?
    a. Section 110(a)(1) and (2)
    b. Revisions to Louisiana's SIP
    c. Greenhouse Gas (GHG) Component of PSD Programs
    D. What elements are required under Section 110(a)(2)?
II. What action is EPA proposing?
III. How has Louisiana addressed the elements of section 110(a)(2)?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

A. What are the national ambient air quality standards?

    Section 109 of the Act requires EPA to establish NAAQS for
pollutants that

``may reasonably be anticipated to endanger public health and
welfare,'' and to develop a primary and secondary standard for each
NAAQS. The primary standard is designed to protect human health with an
adequate margin of safety, and the secondary standard is designed to
protect public welfare and the environment. EPA has set NAAQS for six
common air pollutants, referred to as criteria pollutants: Carbon
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur
dioxide. These standards present State and local governments with the
minimum air quality levels they must meet to comply with the Act. Also,
these standards provide information to residents of the United States
about the air quality in their communities.

B. What is a SIP?

    The SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
State, to ensure that the State meets the NAAQS. The SIP is required by
section 110 and other provisions of the Act. These SIPs can be
extensive, containing State regulations or other enforceable documents
and supporting information such as emissions inventories, monitoring
networks, and modeling demonstrations. Each State must submit these
regulations and control strategies to EPA for approval and
incorporation into the Federally enforceable SIP. Each Federally
approved SIP protects air quality primarily by addressing air pollution
at its point of origin.

C. What is the background for this rulemaking?

a. Section 110(a)(1) and (2)
    On July 18, 1997, we promulgated new and revised NAAQS for ozone
(62 FR 38856) and PM (62 FR 38652). For ozone we set an 8-hour standard
of 0.08 parts per million (ppm) to replace the 1-hour standard of 0.12
ppm. For PM we set a new annual and a new 24-hour NAAQS for particles
with an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (denoted PM2.5). The annual PM2.5
standard was set at 15 micrograms per cubic meter ([mu]g/m\3\). The 24-
hour PM2.5 standard was set at 65 [mu]g/m\3\. For more
information on these standards please see the 1997 Federal Register
notices (62 FR 38856 and 62 FR 38652).
    Under sections 110(a)(1) and (2) of the Act, States are required to
submit SIPs that provide for the implementation, maintenance, and
enforcement (the infrastructure) of a new or revised NAAQS within three
years following the promulgation of the NAAQS, or within such shorter
period as EPA may prescribe. Section 110(a)(2) lists the specific
infrastructure elements that must be incorporated into the SIPs,
including for example, requirements for air pollution control measures,
and monitoring that are designed to assure attainment and maintenance
of the NAAQS. A table listing all 14 infrastructure elements is
included in Section D of this proposed rulemaking.\1\ Thus States were
required to submit such SIPs for the 1997 8-hour ozone and
PM2.5 NAAQS to EPA no later than June 2000.\2\ However,
intervening litigation over the 1997 8-hour ozone and PM2.5
NAAQS created uncertainty about how to proceed and many States did not
provide the required ``infrastructure'' SIP submission for these newly
promulgated NAAQS.
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not
governed by the 3-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within 3 years after promulgation of a new or
revised NAAQS, but rather are due at the time the nonattainment area
plan requirements are due pursuant to section 172. These
requirements are: (i) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA and (ii) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D Title I of the CAA. Therefore, this action
does not cover these specific SIP elements. This action also does
not pertain to section 110(a)(2)(D)(i). EPA previously approved the
State's 110(a)(2)(D)(i) submission (72 FR 55064, September 28,
2007).
    \2\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). On September 16, 2009, the EPA Administrator
announced that EPA would take rulemaking action to reconsider the
2008 primary and secondary ozone NAAQS. On January 19, 2010, EPA
proposed to set different primary and secondary ozone standards than
those set in 2008 to provide requisite protection of public health
and welfare, respectively (75 FR 2938). The final reconsidered ozone
NAAQS have yet to be promulgated. This rulemaking does not address
the 2008 ozone standard.
---------------------------------------------------------------------------

    On March 4, 2004, Earthjustice submitted a notice of intent to sue
related to EPA's failure to issue findings of failure to submit related
to the infrastructure requirements for the 1997 8-hour ozone and
PM2.5 NAAQS. EPA entered into a consent decree with
Earthjustice which required EPA, among other things, to complete a
Federal Register notice announcing EPA's determinations pursuant to
section 110(k)(1)(B) of the Act as to whether each State had made
complete submissions to meet the requirements of section 110(a)(2) for
the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPA
received an extension of the date to complete this Federal Register
notice until March 17, 2008, based upon agreement to make the findings
with respect to submissions made by January 7, 2008. In accordance with
the consent decree, EPA made completeness findings for each State based
upon what the Agency received from each State as of January 7, 2008.
With regard to the 1997 PM2.5 NAAQS, EPA entered into a
consent decree with Earthjustice which required EPA, among other
things, to complete a Federal Register notice announcing EPA's
determinations pursuant to section 110(k)(1)(B) of the Act as to
whether each State had made complete submissions to meet the
requirements of section 110(a)(2) for the 1997 PM2.5 NAAQS
by October 5, 2008.
    On March 27, 2008, and October 22, 2008, we published findings
concerning whether States had made the 110(a)(2) submissions for the
1997 ozone (73 FR 16205) and PM2.5 standards (73 FR 62902).
In the March 27, 2008 action, we found that Louisiana had made a
complete submission that provides for the basic program elements
specified in section 110(a)(2) of the Act necessary to implement the
1997 8-hour ozone NAAQS. In the October 22, 2008 action, we found that
Louisiana had made a complete submission that provides for the basic
program elements specified in section 110(a)(2) of the Act necessary to
implement the 1997 PM2.5 NAAQS.
    On October 2, 2007, we issued ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards,'' Memorandum
from William T. Harnett, Director, Air Quality Policy Division, Office
of Air Quality Planning and Standards.\3\ The guidance provides that to
the extent that existing SIPs for ozone and PM already meet the
requirements, States need only certify that fact to us.
---------------------------------------------------------------------------

    \3\ This and any other guidance documents referenced in this
action are in the docket for this rulemaking.
---------------------------------------------------------------------------

    On December 11, 2007, January 7, 2008, and March 24, 2011, the
Louisiana Department of Environmental Quality (LDEQ) submitted letters
certifying that Louisiana has addressed any potential infrastructure
issues associated with ozone and PM2.5 and fulfilled its
infrastructure SIP obligations. The letters provided information on how
the current Louisiana SIP provisions meet the 110(a)(2) requirements.
These letters are in the docket for this rulemaking.
b. Revisions to Louisiana's SIP
    On December 20, 2005, the LDEQ submitted revisions to their New
Source Review (NSR) program to meet the requirements of the ``NSR
Reform'' published on December 31, 2002 (67 FR 80186). On November 9,
2007, the State

submitted their 2006 revisions (General Update) to the SIP. Among other
revisions, the 2007 submission included revisions that provided for
NOx to be treated as a precursor to ozone formation in the
State's PSD program. We are proposing action on a limited number of
revisions to the PSD program that implement the provisions for
NOx as a precursor because EPA believes that this is a
necessary provision for implementation of the 1997 ozone standard.
c. Greenhouse Gas (GHG) Component of PSD Programs
    EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's proposed action on
the Louisiana SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\4\ the ``Johnson
Memo Reconsideration,'' \5\ the ``Light-Duty Vehicle Rule,'' \6\ and
the ``Tailoring Rule.'' \7\ Taken together and in conjunction with the
CAA, these actions established regulatory requirements for GHGs emitted
from new motor vehicles and new motor vehicle engines; determined that
such regulations, when they took effect on January 2, 2011, subjected
GHGs emitted from stationary sources to PSD requirements; and limited
the applicability of PSD requirements to GHG sources on a phased-in
basis. EPA took this last action in the Tailoring Rule, which, more
specifically, established appropriate GHG emission thresholds for
determining the applicability of PSD requirements to GHG-emitting
sources. In December 2010, EPA followed up on these actions by issuing
the PSD SIP Narrowing Rule, in which EPA withdrew its previous approval
of SIP PSD programs in 24 States, including Louisiana, that apply to
GHG-emitting sources below the thresholds in the final Tailoring Rule.
75 FR 82536. The Tailoring Rule and PSD SIP Narrowing Rule both discuss
the States' ability to provide assurances that they will have adequate
resources to meet the new GHG PSD permitting requirements at statutory
levels of emissions, and the PSD SIP Narrowing Rule affected EPA's
prior approval of portions of a State's SIP which do not incorporate
thresholds established under the Tailoring Rule. The LDEQ submitted a
supplemental certification letter to EPA dated March 24, 2011,
certifying that the portions of the PSD program related to greenhouse
gas permitting which remained approved after the promulgation of EPA's
PSD SIP Narrowing Rule satisfy sections 110(a)(2)(C) and (J) of the
Act. As we discuss further in this notice and in the TSD, Louisiana
currently has adequate resources to carry out the GHG component of the
currently approved PSD SIP program, which requires PSD permitting for
sources emitting GHGs at or above the 75,000/100,000 tons per year
(tpy) threshold specified by the Tailoring Rule.
---------------------------------------------------------------------------

    \4\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \5\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
    \6\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
    \7\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
---------------------------------------------------------------------------

D. What elements are required under Section 110(a)(2)?

    The October 2, 2007, EPA guidance for addressing the SIP
infrastructure elements required under sections 110(a)(1) and (2) for
the 1997 ozone and PM2.5 NAAQS, provides a list of 14
essential components that States must include in their SIPs. These are
listed in Table 1 below.

          Table 1--Section 110(a)(2) Elements Required in SIPs
------------------------------------------------------------------------
         Clean Air Act citation                 Brief description
------------------------------------------------------------------------
Section 110(a)(2)(A)...................  Emission limits and other
                                          control measures.
Section 110(a)(2)(B)...................  Ambient air quality monitoring/
                                          data system.
Section 110(a)(2)(C)...................  Program for enforcement of
                                          control measures.
Section 110(a)(2)(D)(ii)...............  International and interstate
                                          pollution abatement.
Section 110(a)(2)(E)...................  Adequate resources.
Section 110(a)(2)(F)...................  Stationary source monitoring
                                          system.
Section 110(a)(2)(G)...................  Emergency power.
Section 110(a)(2)(H)...................  Future SIP revisions.
Section 110(a)(2)(J) \8\...............  Consultation with government
                                          officials.
Section 110(a)(2)(J)...................  Public notification.
Section 110(a)(2)(J)...................  Prevention of significant
                                          deterioration (PSD) and
                                          visibility protection.
Section 110(a)(2)(K)...................  Air quality modeling/data.
Section 110(a)(2)(L)...................  Permitting fees.
Section 110(a)(2)(M)...................  Consultation/participation by
                                          affected local entities.
------------------------------------------------------------------------

II. What action is EPA proposing?

    The EPA is proposing to approve the Louisiana SIP submittals that
identify where and how the 14 basic infrastructure elements are in the
EPA-approved SIP as specified in section 110(a)(2) of the Act. The
Louisiana submittals do not include revisions to the SIP, but document
how the current Louisiana SIP already includes the required
infrastructure elements. In today's action, we are proposing to find
that the following section 110(a)(2) elements are contained in the
current Louisiana SIP and provide the infrastructure for implementing
the 1997 ozone and PM standards: emission limits and other control
measures (section 110(a)(2)(A)); ambient air quality monitoring/data
system (section 110(a)(2)(B)); program for enforcement of control
measures (section 110(a)(2)(C)); international and interstate pollution
abatement (section 110(a)(2)(D)(ii)); adequate resources (section
110(a)(2)(E)); stationary source monitoring system (section
110(a)(2)(F));

emergency power (section 110(a)(2)(G)); future SIP revisions (section
110(a)(2)(H)); consultation with government officials (section
110(a)(2)(J)); public notification (section 110(a)(2)(J)); PSD and
visibility protection (section 110(a)(2)(J)); air quality modeling/data
(section 110(a)(2)(K)); permitting fees (section 110(a)(2)(L)); and
consultation/participation by affected local entities (section
110(a)(2)(M)).
---------------------------------------------------------------------------

    \8\ Section 110(a)(2)(I) pertains to the nonattainment planning
requirements of part D, Title I of the Act. This section is not
governed by the 3-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within 3 years after promulgation of a new or
revised NAAQS, but are due at the time the nonattainment area plan
requirements are due pursuant to section 172. Thus this action does
not cover section 110(a)(2)(I).
---------------------------------------------------------------------------

    In conjunction with our proposed finding that the Louisiana SIP
meets the section 110(a)(1) and (2) infrastructure SIP elements listed
above, we are also proposing to fully approve four severable portions
of two SIP revisions submitted by the LDEQ to EPA on December 20, 2005
and November 9, 2007. These portions contain rule revisions by LDEQ to
(1) regulate NOx emissions in its PSD permit program as a
precursor to ozone; (2) add NOx to the PSD definitions for
Major Modification and Major Stationary Source; (3) under the PSD
definition for Significant, add the emission rate for NOx,
as a precursor to ozone, as 40 tpy; and (4) under the PSD requirements,
allow for an exemption with respect to ambient air quality monitoring
data for a source with a net emissions increase less than 100 tpy of
NOx. The actions proposed herein are described in greater
detail below and in the TSD. At this time, EPA is not taking action on
other portions of the December 20, 2005 and November 9, 2007 SIP
revisions submitted by LDEQ; EPA intends to act on the other revisions
at a later time.

III. How has Louisiana addressed the elements of Section 110(a)(2)?

    The Louisiana submittals address the elements of Section 110(a)(2)
as described below. We provide a more detailed review and analysis of
the Louisiana infrastructure SIP elements in the Technical Support
Document (TSD), located in the docket for this rulemaking.
    Enforceable emission limits and other control measures, pursuant to
section 110(a)(2)(A): Section 110(a)(2)(A) requires that all measures
and other elements in the SIP be enforceable. This provision does not
require the submittal of regulations or emission limits developed
specifically for attaining the 1997 8-hour ozone and PM2.5
standards. Those regulations are due later as part of attainment
demonstrations.
    The Louisiana Environmental Quality Act (LEQA) names the LDEQ as
the State's air pollution control agency and provides enforcement
authority to the LDEQ. The Louisiana legislature in Acts 1983, No. 97
amended and reenacted a multitude of the State's statutes, including
provisions which created and empowered the LDEQ. The SIP rule at Title
33 of the Louisiana Administrative Code (denoted 33 LAC), Chapter 1,
section 101 describes the LDEQ as the State's air pollution control
agency and its enforcement authority, referencing the 1983 LEQA (54 FR
9783, March 8, 1989).\9\
---------------------------------------------------------------------------

    \9\ Older references to this Federal Register (FR) notice are
written as 54 FR 9795. We now identify a FR notice by the first page
of the rulemaking, thus we refer to this rulemaking as 54 FR 9783.
---------------------------------------------------------------------------

    The LDEQ has promulgated rules to limit and control emissions of
PM, sulfur dioxide (SO2), NOx and volatile organic compounds
(VOCs).\10\ These rules include emission limits, control measures,
programs for banking and trading of emissions, permits, fees, and
compliance schedules and are found in Titles 33 and 55 of the LAC: \11\
33 LAC chapters 1, 5-7, 9, 11, 13-15, and 21-23; and 55 LAC Chapter 8.
---------------------------------------------------------------------------

    \10\ NOX and VOCs are precursors to ozone. PM can be
emitted directly and secondarily formed; the latter is the result of
NOX and SO2 precursors combining with ammonia
to form ammonium nitrate and ammonium sulfate.
    \11\ Title 33 addresses Environmental Quality and Title 55
addresses Motor Vehicles. Within 33 LAC, the State's rules are
codified in Part III (Air).
---------------------------------------------------------------------------

    In this proposed action, EPA has not reviewed and is not proposing
to take any action to approve or disapprove any existing Louisiana SIP
provisions with regard to excess emissions during startup, shutdown, or
malfunction (SSM) of operations at a facility. EPA believes that a
number of States have SSM SIP provisions which are contrary to the Act
and inconsistent with existing EPA guidance \12\ and the Agency plans
to conduct a SIP call in the future to address such SIP regulations. In
the meantime, EPA encourages any State having an SSM SIP provision
which is contrary to the Act and inconsistent with EPA guidance to take
steps to correct the deficiency as soon as possible before a SIP call
is implemented. Similarly, this proposed action does not include a
review of and also does not propose to take any action to approve or
disapprove any existing SIP rules with regard to director's discretion
or variance provisions. EPA believes that a number of SIPs have such
provisions which are contrary to the Act and not consistent with
existing EPA guidance (52 FR 45044, November 24, 1987) \13\ and the
Agency plans to take action in the future to address such SIP
regulations. In the meantime, EPA encourages any State having a
director's discretion or variance provision in its SIP which is
contrary to the Act and inconsistent with EPA guidance to take steps to
correct the deficiency as soon as possible.
---------------------------------------------------------------------------

    \12\ ``State Implementation Plans (SIPs): Policy Regarding
Excess Emissions During Malfunctions, Startup, and Shutdown,''
Memorandum from Steven A. Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and Robert Perciasepe,
Assistant Administrator for Air and Radiation, dated September 20,
1999.
    \13\ The section addressing exemptions and variances is found on
p. 45109 of the 1987 rulemaking.
---------------------------------------------------------------------------

    A detailed list of the applicable 33 LAC and 55 LAC chapters,
discussed above, are provided in the TSD. Louisiana's SIP clearly
contains enforceable emission limits and other control measures, which
are in the Federally enforceable SIP. EPA is proposing to find that the
Louisiana SIP meets the requirements of section 110(a)(2)(A) of the Act
with respect to the 1997 8-hour ozone and PM2.5 NAAQS.
    Ambient air quality monitoring/data analysis system, pursuant to
section 110(a)(2)(B): Section 110(a)(2)(B) requires SIPs to include
provisions for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to EPA upon request. The LDEQ operates and
maintains a statewide network of air quality monitors; data are
collected, results are quality assured, and the data are submitted to
EPA's Air Quality System \14\ on a regular basis. Louisiana's Statewide
Air Quality Surveillance Network was approved by EPA on August 6, 1981
(46 FR 40005), and consists of stations that measure ambient
concentrations of the six criteria pollutants, including ozone and
PM2.5.\15\ EPA also approved Chapter 7 into the SIP that
requires air quality monitoring be conducted consistent with EPA
guidelines (54 FR 9783, March 8, 1989). EPA also approved Louisiana's
enhanced ambient air quality monitoring network of Photochemical
Assessment Monitoring Stations (PAMS) on June 19, 1996 (61 FR
31035).\16\ The LDEQ Web site provides the ozone and PM2.5
monitor locations, and current and historical data including 8-hour
ozone design

values for current \17\ and past trienniums. On July 1, 2010, LDEQ
submitted its 2010 Annual Air Monitoring Network Plan (AAMNP) that
included the plans for the 1997 ozone and PM2.5 NAAQS; EPA
approved the AAMNP on January 12, 2011.\18\
---------------------------------------------------------------------------

    \14\ The Air Quality System (AQS) is EPA's repository of ambient
air quality data. AQS stores data from over 10,000 monitors, 5000 of
which are currently active. State, Local and Tribal agencies collect
the data and submit it to AQS on a periodic basis.
    \15\ The air quality surveillance network undergoes annual
review and approval by EPA. A copy of the current approval, dated
January 12, 2011, is available in the docket for this rulemaking.
    \16\ The PAMS network undergoes annual review and approval by
EPA. A copy of the current approval, dated October 30, 2009, is in
the docket for this rulemaking.
    \17\ The current design values for 2010 are preliminary, as the
monitoring seasons have not ended and data has yet to be reviewed
for quality assurance.
    \18\ A copy of our approval letter is in the docket for this
rulemaking.
---------------------------------------------------------------------------

    In summary, Louisiana meets the requirement to establish, operate,
and maintain an ambient air monitoring network, collect and analyze the
monitoring data, and make the data available to EPA upon request. EPA
is proposing to find that the current Louisiana SIP meets the
requirements of section 110(a)(2)(B) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Program for enforcement of control measures and regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that NAAQS are achieved,
including a permit program, as required by Parts C and D, pursuant to
section 110(a)(2)(C). Regarding a program for enforcement of control
measures, as stated previously, the LEQA provides the LDEQ with
authority to enforce the State's environmental quality rules. The LDEQ
established rules governing emissions of the NAAQS and their precursors
throughout the State and these rules are in the Federally enforceable
SIP. The rules in 33 LAC 1, 5-7, 9, 11, 13-15, and 21-23 include
allowable rates, compliance, control plan requirements, actual and
allowable emissions, monitoring and testing requirements, recordkeeping
and reporting requirements, and control schedules. These rules clarify
the boundaries beyond which regulated entities in Louisiana can expect
enforcement action.
    To meet the requirement for having a program for the regulation of
the modification and construction of any stationary source within the
areas covered by the plan as necessary to assure that national ambient
air quality standards are achieved, including a permit program as
required by Parts C and D, generally, the State is required to have
SIP-approved PSD, Nonattainment, and Minor NSR permitting programs
adequate to implement the 1997 8-hour ozone and PM2.5 NAAQS.
We are not evaluating nonattainment-related provisions, such as the
Nonattainment NSR program required by part D in 110(a)(2)(C) and
measures for attainment required by section 110(a)(2)(I), as part of
the infrastructure SIPs for these two NAAQS because these submittals
are required beyond the date (3 years from NAAQS promulgation) that
section 110 infrastructure submittals are required.
    PSD programs apply in areas that are meeting the NAAQS or are
unclassifiable, referred to as areas in attainment. PSD applies to new
major sources and major modifications at existing sources. Louisiana's
PSD program was initially approved into the SIP on April 24, 1987 (52
FR 13671). Subsequent revisions to Louisiana's PSD program were
approved into the SIP on June 15, 1989 (54 FR 25449), May 2, 1991 (56
FR 20137), and October 15, 1996 (61 FR 53639).
    To meet the requirements of 110(a)(2)(C) for the 1997 ozone
standard, EPA believes the State must have updated its PSD rules to
treat NOX as a precursor for ozone (70 FR 71612). As part of
this action we are proposing to approve a total of four severable
portions from each of two SIP revisions to implement NOX as
precursor. The LDEQ submitted SIP revisions to us on December 20, 2005
and November 9, 2007. EPA proposes to approve the following four
portions of the December 20, 2005 and November 9, 2007 SIP revisions:
(1) The 2005 non-substantive recodification of the definition of Major
Modification at subsection 2 as subsection b, and the 2007 substantive
change adding NOX to the definition of Major Modification;
(2) the 2005 non-substantive recodification of the definition of Major
Stationary Source at subsection 4 as subsection d, and the 2007
substantive change adding NOX to the definition of Major
Stationary Source; (3) the 2005 non-substantive recodification of the
first paragraph of the definition of Significant at subsection 1 to
subsection a (thus taking no action on the substantive changes to the
definition's table), and the 2007 substantive change adding
NOX as a precursor to the table's criteria and other
pollutants listing for ozone; and (4) the 2005 non-substantive
recodification of the first paragraph of subsection I.8 to subsection
I.5 (thus taking no action on the substantive changes to the table),
and the 2007 substantive change allowing for an exemption with respect
to ozone monitoring for a source with a net emissions increase less
than 100 tpy of NOX.
    For the 8-hour ozone NAAQS, the November 9, 2007 SIP revisions to
the definitions in the Louisiana rules for Major Modification and Major
Stationary Source meet the Federal definition in 40 CFR 51.166(b)(1) to
identify a major source of NOX as a major source for ozone.
The November 9, 2007 revisions to the Louisiana rules also meet the
Federal definition in 40 CFR 51.166(b)(49) for inclusion of
NOX as an ozone precursor. The November 9, 2007 revisions to
the emission rate for ozone under the definition for Significant in the
Louisiana rules also meet the Federal requirements in 40 CFR
51.166(b)(23)(i). The November 9, 2007 revisions allowing for an
exemption with respect to ozone monitoring for a source with a net
emissions increase less than 100 tpy of NOX also meet the
Federal requirement on monitoring exemptions under the footnote for 40
CFR 166(i)(5)(i)(e). Thus, the November 9, 2007 revisions would make
the LA SIP more stringent and would not interfere with any applicable
CAA requirement concerning attainment of the 1997 8-hour ozone and
PM2.5 NAAQS. EPA is proposing to approve these revisions as
meeting the requirements of section 110 of the Act and 40 CFR 51.166
for establishing NOX emissions as a precursor for ozone.
    The PSD revisions we are proposing to approve are limited to those
specified in the preceding paragraphs and are severable from the
portions of the December 20, 2005 and November 9, 2007 SIP submittals
on which we are taking no action. By severable, we mean that the
portions of the SIP revisions we are proposing to approve can be
implemented independently of the portions on which we are not acting,
without affecting the stringency of the submitted rules. In addition,
the portions on which we are taking no action are not necessary for
approval of the infrastructure SIP requirements addressed in this
proposed action. EPA is not proposing to take action on any other
portions of the December 20, 2005 and November 9, 2007 SIP revisions in
this proposed rulemaking; we intend to act on those revisions in a
future rulemaking.
    To implement section 110(a)(2)(C) for the 1997 PM2.5
standard, EPA believes that States should appropriately implement the
interim policy for preconstruction (PSD) review as interpreted by legal
rulings. States may follow this approach in the interim until they must
provide revisions to implement the PM2.5 standard due May
16, 2011 under 73 FR 28321.\19\ During the transition to SIP-approved
PSD requirements for PM2.5, LDEQ confirmed to EPA by letter
that, should they rely on the EPA's PM10 Surrogate Policy,
the State would include an

adequate rationale or demonstration to support the use of
PM10 as a surrogate based on the facts and circumstances of
the specific permit action, consistent with relevant case law on the
use of surrogate pollutant analyses.\20\ See 75 FR 6827, 6831-32
(February 11, 2010) (discussion of case law relevant to the use of
PM10 as a surrogate for PM2.5). On February 18,
2011, the LDEQ proposed revisions to the Louisiana SIP to amend their
PSD and nonattainment NSR programs for PM2.5. The State is
planning to submit these changes as a SIP revision by May 16, 2011. EPA
will act on this submission in a separate rulemaking.
---------------------------------------------------------------------------

    \19\ The Federal Register notice (73 FR 28321) was published May
16, 2008.
    \20\ December 16, 2010, letter from Cheryl Sonnier Nolan,
Assistant Secretary, Environmental Services Division, Louisiana
Department of Environmental Quality to Thomas Diggs, Associate
Director for Air Programs, EPA Region 6. This letter is in the
docket for this rulemaking.
---------------------------------------------------------------------------

    Louisiana has the authority to issue permits under the SIP-approved
PSD program to sources of GHG emissions (75 FR 82536, December 30,
2010; 75 FR 77698, December 13, 2010).\21\ The Tailoring Rule
established thresholds that phase in the applicability of PSD
requirements to GHG sources, starting with the largest GHG emitters,
and were designed to relieve the overwhelming administrative burdens
and costs associated with the dramatic increase in permitting burden
that would have resulted from applying PSD requirements to GHG emission
increases at or above only the mass-based statutory thresholds of 100/
250 tpy generally applicable to all PSD-regulated pollutants starting
on January 2, 2011. However, EPA recognized that even after it
finalized the Tailoring Rule, many SIPs with approved PSD programs
would, until they were revised, continue to apply PSD at the statutory
thresholds, even though the States would not have sufficient resources
to implement the PSD program at those levels. EPA consequently
implemented its ``PSD SIP Narrowing Rule'' and narrowed its approval of
those provisions of previously approved SIPs that apply PSD to GHG
emissions increases from sources emitting GHGs below the Tailoring Rule
thresholds (75 FR 82536, December 30, 2010). Through the PSD SIP
Narrowing Rule, EPA withdrew its previous approvals of those programs
to the extent the SIPs apply PSD to increases in GHG emissions from
GHG-emitting sources below the Tailoring Rule thresholds. The portions
of the PSD programs regulating GHGs from GHG-emitting sources with
emission increases at or above the Tailoring Rule thresholds remained
approved. The effect of EPA narrowing its approval in this manner is
that the provisions of previously approved SIPs that apply PSD to GHG
emissions increases from sources emitting GHGs below the Tailoring Rule
thresholds have the status of having been submitted by the State but
not yet acted upon by EPA (75 FR 82536, December 30, 2010).
---------------------------------------------------------------------------

    \21\ To view Louisiana's letter, in which the State told EPA it
had this authority, please see http://www.epa.gov/nsr/2010letters/la.pdf.
---------------------------------------------------------------------------

    Louisiana submitted to EPA a supplemental certification, dated
March 24, 2011, certifying that the portion of the GHG PSD program in
the State's submittal under infrastructure SIP review is only the
portion that remained approved after EPA's promulgation of the PSD SIP
Narrowing Rule, which is the portion that regulates GHG-emitting
sources with GHG emissions at or above the Tailoring Rule thresholds.
Therefore, we are proposing to find that the current Louisiana PSD SIP
meets section 110(a)(2)(C) with respect to the 1997 8-hour ozone and
PM2.5 NAAQS.
    Section 110(a)(2)(C) creates ``a general duty on States to include
a program in their SIP that regulates the modification and construction
of any stationary source as necessary to assure that the NAAQS are
achieved'' (70 FR 71612, 71677). EPA provides States with a ``broad
degree of discretion'' in implementing their minor NSR programs (71 FR
48696, 48700). The ``considerably less detailed'' regulations for minor
NSR are provided in 40 CFR 51.160 through 51.164. EPA has determined
that Louisiana's minor NSR program adopted pursuant to section
110(a)(2)(C) of the Act regulates emissions of ozone and its precursors
and PM. Louisiana's minor source permitting requirements are contained
at 33 LAC 5-505 and were approved at 54 FR 9783.
    In this action, EPA is proposing to approve Louisiana's
infrastructure SIP for the 1997 ozone and PM2.5 NAAQS with
respect to the general requirement of section 110(a)(2)(C) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. EPA is not proposing to approve or disapprove the State's
existing minor NSR program itself to the extent that it is inconsistent
with EPA's regulations governing this program. EPA believes that a
number of States may have minor NSR provisions that are contrary to the
existing EPA regulations for this program. EPA intends to work with
States to reconcile State minor NSR programs with EPA's regulatory
provisions for the program. The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs, and EPA believes it may be time to revisit the regulatory
requirements for this program to give the States an appropriate level
of flexibility to design a program that meets their particular air
quality concerns, while assuring reasonable consistency across the
country in protecting the NAAQS with respect to new and modified minor
sources.
    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(C) for both the 1997 ozone and
PM2.5 standards.
    Interstate and international transport, pursuant to section
110(a)(2)(D)(ii): EPA approved into the Louisiana SIP the Clean Air
Interstate Rule (CAIR) NOXTrading Programs on September 28,
2007 (72 FR 55064). The SIP revision at 72 FR 55064 contains provisions
that address significant contribution, interference with maintenance,
PSD, and protection of visibility. The provisions that address
significant contribution and interference with maintenance will be re-
evaluated after the EPA's Transport Rule is finalized. The protection
of visibility requirement will be further evaluated when EPA completes
its review of the regional haze SIP revision submitted on June 13,
2008. For additional detail, please refer to the TSD. Because
110(a)(2)(D)(i) was addressed in other actions, EPA is not proposing
action on this element here.
    Section 110(a)(2)(D)(ii) of the Act requires compliance with
sections 115 and 126 of the Act, relating to interstate and
international pollution abatement. Section 115(a) addresses
endangerment of public health or welfare in foreign countries from
pollution emitted in the United States. Pursuant to section 115, the
Administrator has neither received nor issued a formal notification
that emissions from Louisiana are endangering public health or welfare
in a foreign country. Section 126(a) of the Act requires new or
modified sources to notify neighboring States of potential impacts from
such sources. 33 LAC 503 requires that each major proposed new or
modified source provide such notification and is in the Federally
enforceable SIP (see 54 FR 9783). The State also has no pending
obligations under section 126 of the Act.
    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(D)(ii) with respect to the 1997 8-
hour ozone and PM2.5 NAAQS.
    Adequate personnel, funding, and authority, pursuant to section
110(a)(2)(E): The duties, powers and structure of the LDEQ (described
at RS

30:2011.F) provide that ``the basic personnel [* * *] shall be employed
or provided by the department;'' and the LDEQ may contract, employ, and
compensate such assistance on a full or part-time basis as may be
necessary to carry out the provisions of this Subtitle. In addition,
the State has the Environmental Trust Fund, established at RS 30:2015,
which is used, in part, to ``defray the cost to the State of
permitting, monitoring, * * * maintaining and administering the
programs provided for under the LEQA.''
    There are Federal sources of funding for the implementation of the
1997 8-hour ozone and PM2.5 NAAQS, through, for example, the
CAA sections 103 and 105 grant funds. The LDEQ receives Federal funds
on an annual basis, under sections 103 and 105 of the Act, to support
its air quality programs. Fees collected for motor vehicle inspections,
the Title V and non-Title V permit programs, and other inspections,
maintenance and renewals required of other air pollution sources \22\
also provide necessary funds to help implement the State's air
programs. Information on permitting fees is provided in the discussion
for 110(a)(2)(L) below. The secretary has the power and duty ``to
receive and budget duly appropriated monies and to accept, receive, and
administer grants or other funds or gifts from public and private
agencies, including the Federal government, to carry out the provisions
and purposes of this Subtitle.'' See RS 30:2011.D.10. For more detail
on funding sources, please see the TSD.
---------------------------------------------------------------------------

    \22\ For example, annual fees are collected for inspections of
Stage II Vapor Recovery systems at gasoline dispensing stations.
---------------------------------------------------------------------------

    The LEQA furthermore provides the secretary of the LDEQ adequate
authority with the powers and duties, in part, ``to adopt, amend, or
repeal all rules, regulations, and standards for the protection of the
environment.'' See RS 30:2011.D.1. The SIP rule at 33 LAC, Chapter 1,
section 101 describes the LDEQ as the State's air pollution control
agency and its enforcement authority, referencing the 1983 LEQA (54 FR
9783). Therefore, the State has demonstrated it has adequate authority
under its rules and regulations to carry out its SIP obligations with
respect to the 1997 8-hour ozone and PM2.5 NAAQS.
    As discussed previously in this rulemaking with regards to section
110(a)(2)(C), Louisiana submitted to EPA a supplemental certification,
dated March 24, 2011, certifying that the portion of the GHG PSD
program in the State's submittal under infrastructure SIP review is the
portion that remained approved after EPA's promulgation of the PSD SIP
Narrowing Rule. LDEQ has the resources to implement its GHG PSD program
for sources with emissions increases at or above the thresholds
indicated by the PSD SIP Narrowing Rule.
    EPA is proposing to find that the current Louisiana PSD SIP meets
section 110(a)(2)(E) with respect to the 1997 8-hour ozone and
PM2.5 NAAQS.
    Stationary source monitoring system, pursuant to section
110(a)(2)(F): 33 LAC, chapters 7, 9, 13, 15, and 21-23 require source
monitoring for compliance, recordkeeping and reporting, and provide for
enforcement, with respect to all the NAAQS and their precursors. These
source monitoring program requirements generate data for, among other
pollutants, ozone, PM2.5, and precursors to these pollutants
(VOCs, NOX, and SO2).
    Under the Louisiana SIP rules, the LDEQ is required to analyze the
emissions data from point, area, mobile, and biogenic (natural)
sources. The LDEQ uses this data to track progress towards maintaining
the NAAQS, develop control and maintenance strategies, identify sources
and general emission levels, and determine compliance with Louisiana
and EPA requirements. The State's emissions data are available on the
LDEQ Web site (http://www.deq.louisiana.gov.) These rules have been
approved by EPA into the SIP. A list of the chapters and Federal
Register citations are provided in the TSD.
    There are two additional requirements that Louisiana must meet
regarding emissions inventories (EIs): the EI requirement for
nonattainment areas, and the requirement to submit annual EI data to
EPA's National Emissions Inventory (NEI) database. For the Baton Rouge
ozone nonattainment area, the LDEQ submitted an EI SIP with a 2002 base
year which included NOx and VOC data. EPA approved this EI SIP on
September 3, 2009 (74 FR 45561). The NEI is EPA's central repository
for air emissions data. EPA published the Air Emissions Reporting Rule
(AERR) on December 5, 2008, which modified the requirements for
collecting and reporting air emissions data (73 FR 76539). The AERR
shortened the time States had to report emissions data from 17 to 12
months, giving States one calendar year to submit emissions data. All
States are required to submit a comprehensive emissions inventory every
three years and report emissions for certain larger sources annually
through EPA's online Emissions Inventory System (EIS). States report
emissions data for the six criteria pollutants and the precursors that
form them--nitrogen oxides, sulfur dioxide, ammonia, lead, carbon
monoxide, particulate matter, and volatile organic compounds. EPA
compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. The LDEQ is current with
their submittals to the NEI database; the 2008 data was submitted to
EPA in 2010. The State's emissions data are also available on EPA's
AirData Web site (http://www.epa.gov/air/data/index.html.) \23\
---------------------------------------------------------------------------

    \23\ The AirData Web site provides access to air pollution data
for the entire United States and produces reports and maps of air
pollution data based on criteria specified by the user.
---------------------------------------------------------------------------

    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(F) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Emergency power, pursuant to section 110(a)(2)(G): Section
110(a)(2)(G) requires States to provide for authority to address
activities causing imminent and substantial endangerment to public
health, including contingency plans to implement the emergency episode
provisions in their SIPs. The LEQA, pursuant to RS 2011.D.15, provides
the LDEQ with authority to address environmental emergencies, and the
LDEQ has contingency plans to implement emergency episode provisions in
the SIP. The LDEQ promulgated the ``Prevention of Air Pollution
Emergency Episodes,'' which includes contingency measures, and these
provisions were approved into the SIP on March 8, 1989 (54 FR 9783).
The episode criteria and contingency measures are found in 33 LAC
Chapter 56. The criteria for ozone are based on a 1-hour average ozone
level. These episode criteria and contingency measures are adequate to
address ozone emergency episodes and are in the Federally approved SIP.
    The 2009 Infrastructure SIP Guidance for PM2.5
recommends that a State with at least one monitored 24-hour
PM2.5 value exceeding 140.4 [micro]g/m\3\ since 2006
establish an emergency episode plan and contingency measures to be
implemented should such level be exceeded again. The 2006-2010 ambient
air quality monitoring data \24\ for Louisiana do not exceed 140.4
[micro]g/m\3\. The PM2.5 levels have consistently remained
below this level (140.4 [micro]g/m\3\),

and furthermore, the State has appropriate general emergency powers to
address PM2.5 related episodes to protect the environment
and public health. Given the State's low monitored PM2.5
levels, EPA is proposing the State is not required to submit an
emergency episode plan and contingency measures at this time, for the
1997 PM2.5 standard. Additional detail is provided in the
TSD.
---------------------------------------------------------------------------

    \24\ The ozone and PM data are available through AQS and the
State Web site (http://www.deq.louisiana.gov.) The AQS data for PM
are provided in the docket for this rulemaking.
---------------------------------------------------------------------------

    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(G) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Future SIP revisions, pursuant to section 110(a)(2)(H): The LEQA,
codified at RS 30:2011.D.1, provides that the secretary of the LDEQ
shall, in part, ``adopt, amend or repeal all rules, regulations, and
standards for the protection of the environment.'' In addition, the
LEQA at RS 30:2011.D.7 requires the LDEQ to ``cooperate with [* * *]
the Federal government [* * *] in furtherance of the purposes of this
Subtitle.'' Thus, Louisiana has the authority to revise its SIP from
time to time as may be necessary to take into account revisions of
primary or secondary NAAQS, or the availability of improved or more
expeditious methods of attaining such standards. Furthermore, Louisiana
also has the authority under these LEQA provisions to revise its SIP in
the event the EPA pursuant to the Act finds the SIP to be substantially
inadequate to attain the NAAQS.
    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(H) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Consultation with government officials, pursuant to section
110(a)(2)(J): \25\ The LEQA, as codified at RS 30:2011.D.1, provides
that the secretary of the LDEQ '' shall hold a public hearing to
receive comments [* * *] from all interested parties and the public''
prior to the adoption of any rule or regulation. In addition, RS
30:2011.D.7 provides that the secretary shall have the power and duty
``to advise, consult, and cooperate with other agencies of the State,
the Federal government, other States, and interstate agencies and with
affected groups, political subdivisions, interested agricultural,
industrial, professional, and environmental groups and individuals in
furtherance of the purposes of this Subtitle.'' Further, section 509 of
33 LAC Chapter 5 provides that the State shall provide written notice
of any permit application for a proposed major stationary source or
major modification the emissions from which may affect a Class I area
to the Federal land manager (see 54 FR 9783). Section 1434 of 33 LAC
Chapter 14 requires that interagency consultation be undertaken before
making conformity determinations and before adopting applicable SIP
revisions and public hearings shall be held to receive public comment
on transportation-related SIPs.\26\ These rules are in the Federally
approved SIP. EPA is proposing to find that the Louisiana SIP meets the
requirements of this portion of section 110(a)(2)(J) with respect to
the 1997 8-hour ozone and PM2.5 NAAQS.
---------------------------------------------------------------------------

    \25\ Section 110(a)(2)(J) is divided into three segments:
Consultation with government officials; public notification; and PSD
and visibility protection.
    \26\ See 64 FR 72934, published December 29, 1999.
---------------------------------------------------------------------------

    Public notification if NAAQS are exceeded, pursuant to section
110(a)(2)(J): Public notification begins with the air quality forecast,
which advises the public of conditions capable of exceeding the NAAQS
(see 54 FR 9783). A 3-day air quality forecast can be found on the LDEQ
Web site for both ozone and PM2.5 for each forecast
area.\27\ In addition, the State implements an Ozone Action Day (OAD)
program and will issue an ozone alert in the afternoon on the day
before an elevated level of ozone is expected to occur. Announcements
for an OAD will be broadcast through television and other news media,
and to employers participating in the OAD program. The OAD program
includes examples of actions that can be implemented by individuals and
organizations to reduce ozone levels and exposure to ozone. Also
through the LDEQ Web site, the public can subscribe to Enviroflash, an
electronic information system that provides a forecast of air quality
information via e-mail, cell phone, or pager. Ozone data are posted on
the LDEQ Web site; current, regional hourly and regional 8-hour ozone
data are posted hourly (see http://www.deq.louisiana.gov). EPA is
proposing to find that the Louisiana SIP meets this portion of section
110(a)(2)(J) with respect to the 1997 8-hour ozone and PM2.5
NAAQS.
---------------------------------------------------------------------------

    \27\ There are eight forecast areas: Baton Rouge, Alexandria,
Lake Charles, Lafayette, Monroe, New Orleans, Shreveport, and
Thibodaux. Please see http://www.deq.louisiana.gov.
---------------------------------------------------------------------------

    PSD and visibility protection, pursuant to section 110(a)(2)(J):
This portion of section 110(a)(2)(J) in part requires that a State's
SIP meet the applicable requirements of section 110(a)(2)(C) as
relating to PSD programs. As detailed in the subsection titled
``Program for enforcement of control measures and regulation of the
modification and construction of any stationary source * * * pursuant
to section 110(a)(2)(C) of this rulemaking and in the TSD, the State's
PSD program is in the SIP (52 FR 13671, 54 FR 25449, 56 FR 20137, and
61 FR 53639). In addition to the approved program and to meet the
requirements of 110(a)(2)(C) for the 1997 ozone standard, EPA believes
the State must have updated its PSD rules to treat NOX as a
precursor for ozone. Thus, we are proposing to approve portions of two
SIP revisions (submitted December 20, 2005 and November 9, 2007) to
implement NOX as a precursor to ozone. These revisions are
proposed for the definitions at 33 LAC 5-509, as described earlier. To
implement section 110(a)(2)(C) for the 1997 PM2.5 standard,
EPA believes that States should appropriately implement the interim
policy for preconstruction review, as described above. During the
transition to SIP-approved PSD requirements for PM2.5, the
State would include an adequate rationale or demonstration to support
the use of PM10 as a surrogate based on the facts and
circumstances of the specific permit action, should they rely on the
EPA's PM10 Surrogate Policy.\28\ The State's minor source
permitting requirements were approved at 54 FR 9783. The portions of
the State's PSD program related to permitting GHGs at or above the
Tailoring Rule thresholds are approvable in light of the PSD SIP
Narrowing Rule. EPA is proposing to find that the Louisiana SIP meets
the PSD requirement of section 110(a)(2)(C). A more detailed discussion
is provided in subsection 110(a)(2)(C) above and in the TSD. EPA is
proposing to find that the Louisiana SIP meets this portion of section
110(a)(2)(J) with respect to the 1997 8-hour ozone and PM2.5
NAAQS.
---------------------------------------------------------------------------

    \28\ See 75 FR 6827, 6831-32 (discussion of case law relevant to
the use of PM10 as a surrogate for PM2.5).
---------------------------------------------------------------------------

    EPA approved Louisiana's Visibility Protection Plan into the
Louisiana SIP on June 10, 1986 (51 FR 20967). EPA approved revisions to
Louisiana's Visibility Protection Plan and approved a Long-Term
Strategy for Visibility Protection into the Louisiana SIP on December
19, 1988 (53 FR 50958). The State's most recent SIP revision of their
Regional Haze program was submitted to EPA on June 13, 2008, and we
will take action on it in a separate rulemaking. With regard to the
applicable requirements for visibility protection, EPA recognizes that
States are subject to visibility and regional haze program requirements
under Part C

of the Act (which includes sections 169A and 169B). In the event of the
establishment of a new NAAQS, however, the visibility and regional haze
program requirements under part C do not change. Thus, we find that
there is no new visibility obligation ``triggered'' under section
110(a)(2)(J) when a new NAAQS becomes effective. This would be the case
even in the event a secondary PM2.5 NAAQS for visibility is
established, because this NAAQS would not affect visibility
requirements under part C. EPA is therefore proposing to find that the
Louisiana SIP meets this portion of section 110(a)(2)(J) with respect
to the 1997 8-hour ozone and PM2.5 NAAQS.
    Air quality modeling and submission of data, pursuant to section
110(a)(2)(K): The Secretary of the LDEQ has the power and duty, under
RS 30:2011.D.26 to provide for the functions of environmental air
quality assessment. As an example, Louisiana submitted modeling and
control measures in a SIP revision to demonstrate attainment of the
1997 8-hour ozone standard.\29\ The modeling and control measures in
the SIP revision were approved by EPA and adopted into the SIP.
---------------------------------------------------------------------------

    \29\ See the Attainment Demonstration for the Shreveport-Bossier
City Early Action Compact Area, approved by EPA and adopted into the
SIP on August 22, 2005 (70 FR 48880).
---------------------------------------------------------------------------

    This section of the Act also requires that a SIP provide for the
submission of data related to such air quality modeling to the EPA upon
request. RS 30:2011.D.7 authorizes LDEQ to cooperate with the Federal
government, allowing it to make this submission to the EPA.
    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(K) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Permitting fees, pursuant to section 110(a)(2)(L): LEQA as codified
in RS 30:2014 provides legal authority for establishing a fee schedule
to recover the reasonable costs of acting on permit applications,
implementing, and enforcing permits. Louisiana's Permit Fee System was
approved by EPA on July 7, 1982 (47 FR 29535) and revisions were
approved by EPA into the Louisiana SIP on May 3, 1984 (49 FR 18825) and
March 8, 1989 (54 FR 9783). The annual maintenance fee, new application
fee, major modified permit fee, and minor modified permit fee were
approved by EPA at 54 FR 9783 and on March 25, 1994 (59 FR 14112). The
Title V program and associated fees legally are not part of the SIP,
but were approved by EPA on September 12, 1995 (60 FR 47296) as part of
the Louisiana Title V Program. EPA is reviewing the Louisiana Title V
program, including the Title V fee structure, separate from this
action. Because the Title V program and associated fees legally are not
part of the SIP, the infrastructure SIP action we are proposing today
does not preclude EPA from taking future action regarding Louisiana's
Title V program.
    EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(L) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
    Consultation/participation by affected local entities, pursuant to
section 110(a)(2)(M): As indicated above, the Louisiana statute under
RS 30:2011.D.1 provides that the secretary of the LDEQ ``shall hold a
public hearing to receive comments [* * *] from all interested parties
and the public'' prior to the adoption of any rule or regulation. In
addition, RS 30:2011.D.7 provides that the secretary shall have the
power and duty ``to advise, consult, and cooperate with other agencies
of the State, the Federal government, other States, and interstate
agencies and with affected groups, political subdivisions, interested
agricultural, industrial, professional, and environmental groups and
individuals in furtherance of the purposes of this Subtitle.'' EPA is
proposing to find that the Louisiana SIP meets the requirements of
section 110(a)(2)(M) with respect to the 1997 8-hour ozone and
PM2.5 NAAQS.

IV. Proposed Action

    We are proposing to approve the submittals provided by the State of
Louisiana to demonstrate that the Louisiana SIP meets the requirements
of Section 110(a)(1) and (2) of the Act for the 1997 ozone and
PM2.5 NAAQS. We are proposing to find that the current
Louisiana SIP meets the infrastructure elements listed below:

Emission limits and other control measures (110(a)(2)(A) of the
Act);
Ambient air quality monitoring/data system (110(a)(2)(B) of the
Act);
Program for enforcement of control measures (110(a)(2)(C) of the
Act);
Interstate Transport (110(a)(2)(D)(ii) of the Act);
Adequate resources (110(a)(2)(E) of the Act);
Stationary source monitoring system (110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
Future SIP revisions (110(a)(2)(H) of the Act);
Consultation with government officials (110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and visibility protection
(110(a)(2)(J) of the Act),
Air quality modeling data (110(a)(2)(K) of the Act);
Permitting fees (110(a)(2)(L) of the Act); and
Consultation/participation by affected local entities (110(a)(2)(M)
of the Act).

    EPA is also proposing to approve the following revisions to 33 LAC
5-509, submitted by LDEQ on December 20, 2005 and November 9, 2007:
    1. The 2005 non-substantive recodification of the definition for
Major Modification subsection 2 to subsection b, and the 2007
substantive change adding NOX to the definition of Major
Modification.
    2. The 2005 non-substantive recodification of the definition for
Major Stationary Source at subsection 4 to subsection d, and the 2007
substantive change adding NOX to the definition of Major
Stationary Source.
    3. The 2005 non-substantive recodification of the first paragraph
of the definition for Significant at subsection 1 to subsection a, and
the 2007 substantive change adding NOX as a precursor to the
table's criteria and other pollutants listing for ozone.
    4. The 2005 non-substantive recodification of the first paragraph
of subsection I.8 to subsection I.5, and the 2007 substantive change
allowing for an exemption with respect to ozone monitoring for a source
with a net emissions increase less than 100 tpy of NOX.
    EPA is proposing these actions in accordance with section 110 and
part C of the Act and EPA's regulations and consistent with EPA
guidance.

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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: April 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-9286 Filed 4-15-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57822-57823]
[DOCID:fr22se10-112]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62925; File No. SR-NASDAQ-2010-096]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval to a Proposed Rule Change Relating to the National
Quotation Dissemination Service

September 16, 2010.

I. Introduction

    On August 2, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NASDAQ Rule 7017(b) to re-establish
retroactively from January 1, 2008, a pilot program reducing the
monthly fee that non-professional users pay to receive the National
Quotation Dissemination Service (``NQDS'') from $50 to $10. The
proposed rule change was published for comment in the

Federal Register on August 9, 2010.\3\ The Commission received no
comment letters on the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62629 (August 3,
2010), 75 FR 47871 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    NASDAQ is proposing to re-establish retroactively from January 1,
2008 through July 27, 2010,\4\ the fee reduction pilot program that
reduced the monthly fee that non-professional users pay to receive NQDS
from $50 to $10, to correct for the lapse in the pilot and to prevent
the collection of the additional $40 in monthly fees from investors for
the period during which the pilot had lapsed.\5\ Prior to August 31,
2000, NQDS data was available through authorized vendors at a monthly
rate of $50 for professionals and non-professionals users alike. In
August 2000, NASDAQ filed a proposed rule change to reduce from $50 to
$10 the monthly fee that non-professional users pay to receive NQDS
data. The Commission approved the pilot on August 22, 2000, and the fee
reduction commenced on August 31, 2000 on a one-year pilot basis.\6\ On
September 5, 2001, August 30, 2002, August 18, 2003, August 23, 2004,
January 24, 2006, and March 29, 2007, NASDAQ filed proposed rule
changes to extend the pilot for additional one-year periods.\7\
---------------------------------------------------------------------------

    \4\ On July 27, 2010, NASDAQ filed a proposed rule change to
make the pilot fee reduction permanent. See Securities Exchange Act
Release No. 62614 (July 30, 2010), 75 FR 47668 (August 6, 2010).
    \5\ NQDS is a proprietary data product that contains the best
bid and offer quotation of each registered market maker quoting in
NASDAQ-listed securities on the NASDAQ Stock Market. NQDS data is
used not only by firms, associated persons, and other market
professionals, but also by non-professionals who receive the service
through authorized vendors, including, for example, on-line
brokerage firms. For a more detailed discussion of NQDS, see Notice.
    \6\ See Securities Exchange Act Release No. 43190 (August 22,
2000), 65 FR 52460 (August 29, 2000).
    \7\ See Securities Exchange Act Release Nos. 44788 (September
13, 2001), 66 FR 48303 (September 19, 2001); 46446 (August 30,
2002), 67 FR 57260 (September 9, 2002); 48386 (August 21, 2003), 68
FR 51618 (August 27, 2003); 50318 (September 3, 2004), 69 FR 54821
(September 10, 2004); 53531 (March 21, 2006), 71 FR 15506 (March 28,
2006); and 55668 (April 25, 2007), 72 FR 24347 (May 2, 2007).
---------------------------------------------------------------------------

    NASDAQ believes that continuing the reduction of NQDS for non-
professional users demonstrates NASDAQ's continued commitment to
provide data to non-professional market participants and individual
investors.

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\8\ In
particular, it is consistent with Section 6(b)(4) of the Act,\9\ which
requires that the rules of a national securities exchange provide for
the equitable allocation of reasonable dues, fees, and other charges
among its members and issuers and other parties using its facilities,
and Section 6(b)(5) of the Act,\10\ which requires, among other things,
that the rules of a national securities exchange be designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest,
and not be designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Commission also finds that the
proposed rule change is consistent with the provisions of Section
6(b)(8) of the Act,\11\ which requires that the rules of an exchange
not impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Finally, the Commission finds
that the proposed rule change is consistent with Rule 603(a) of
Regulation NMS,\12\ adopted under Section 11A(c)(1) of the Act, which
requires an exclusive processor that distributes information with
respect to quotations for or transactions in an NMS stock to do so on
terms that are fair and reasonable and that are not unreasonably
discriminatory.\13\
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78f(b)(8).
    \12\ 17 CFR 242.603(a).
    \13\ NASDAQ is an exclusive processor of its NQDS data under
Section 3(a)(22)(B) of the Act, 15 U.S.C. 78c(a)(22)(B), which
defines an exclusive processor as, among other things, an exchange
that distributes data on an exclusive basis on its own behalf.
---------------------------------------------------------------------------

    The Commission notes that the proposed rule change involves the
retroactive application of a fee reduction pilot that benefits non-
professional market participants and that has been in effect in
practice since 2000. The Commission approved the reduced fee pilot at
its inception in 2000, and subsequently extended the pilot as cited
above. NASDAQ charged the reduced fee, although its NQDS fee reduction
pilot had expired, during the period from January 1, 2008 through July
27, 2010, at which time NASDAQ filed an immediately effective proposal
that made the reduced NQDS fee for non-professionals permanent. The
Commission notes that no comments were received from any market
participants, including NASDAQ members, information vendors, investors,
non-professionals, or any other interested parties, on the initial
pilot filing in 2000, on any of the pilot's extensions, on the
immediately effective filing for permanent approval of the reduced fee,
or on this filing. For the reasons discussed above, the Commission
believes that retroactive approval of the fee reduction pilot from
January 1, 2008 is appropriate.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-NASDAQ-2010-096), be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-23631 Filed 9-21-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68674-68675]
[FR Doc No: 2014-27247]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Company Project No. 349-183]

Alabama Power; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project Use of Project Lands.
    b. Project No: 349-183.
    c. Date Filed: September 30, 2014.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Martin Dam Project.
    f. Location: Tallapoosa River in Elmore, Coosa, and Tallapoosa
counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 USC 791a--825r.
    h. Applicant Contact: Matthew Akin, Alabama Power Company, 600 18th
Street North, Birmingham, Alabama 35203; Telephone:<PHONE_NUMBER>.
    i. FERC Contact: Shana High at<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: 30 days from issue.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-349-183) on any comments, motions,
or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Alabama Power Company proposes to
authorize Billy Ray Smith to replace two existing piers and add to a
third existing pier at Smith's Marina, formerly Veazey's Marina,
located at 1590 Pine Point Road, Alexander City, Alabama 35010. As
proposed, the three piers would accommodate 22 watercraft. The proposal
would allow Smith's Marina to operate in both high and low water
conditions, making the marina viable year-round, and would make the
marina more accessible to the public from the water. Two of the piers
would have second level party/sun decks. Existing gas pumps at the
third pier would remain.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. 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 (P-349) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to

intervene in accordance with the requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the
appropriate action to take, the Commission will consider all protests
or other comments filed, but only those who file a motion to intervene
in accordance with the Commission's Rules may become a party to the
proceeding. Any comments, protests, or motions to intervene must be
received on or before the specified comment date for the particular
application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: November 4, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-27247 Filed 11-17-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2637-2639]
[FR Doc No: 2019-01388]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85034; File No. SR-CHX-2019-01]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Date of the Second Amended and Restated Certificate of
Incorporation of the Exchange and the Third Amended and Restated
Certificate of Incorporation of the Exchange's Parent CHX Holdings,
Inc.

February 1, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 28, 2019, the Chicago Stock Exchange, Inc.
(``CHX'' or ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the date of the Amended [sic] and
Restated Certificate of Incorporation of the Exchange (``Exchange
Certificate'') and the Second [sic] Amended and Restated Certificate of
Incorporation of the Exchange's parent CHX Holdings, Inc. (``Holdings''
and, such certificate, the ``Holdings Certificate''). The proposed rule
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the date of the Exchange Certificate
and the Holdings Certificate.
    On October 18, 2018, the Exchange filed proposed amendments to the
Exchange Certificate, Holdings Certificate, other governing documents,
the Exchange rules and its fee schedule, to (1) reflect a name change
of the Exchange to ``NYSE Chicago, Inc.'' and a name change of Holdings
to ``NYSE Holdings, Inc.''; (2) harmonize certain provisions thereunder
with similar provisions in the governing documents of the national
securities exchange affiliates of the Exchange and its parent
companies; and (3) make clarifying and updating changes.\4\ The
Exchange proposed that the name changes and other changes described
therein would become operative upon the Exchange Certificate becoming
effective pursuant

to its filing with the Secretary of State of the State of Delaware.\5\
---------------------------------------------------------------------------

    \4\ See SR-CHX-2018-05 (October 18, 2018) (the ``October
Filing''), and Securities Exchange Release No. 84494 (October 26,
2018), 83 FR 54953 (November 1, 2018) (SR-CHX-2018-05).
    \5\ Id., at 54953.
---------------------------------------------------------------------------

    The proposed amendments to the Exchange Certificate and Holdings
Certificate in the October Filing included updates to their respective
dates.\6\ However, the proposed changes updated the Certificates' month
and time, but left 2018 as the year. Because it is now 2019, the
Exchange proposes the following changes:
---------------------------------------------------------------------------

    \6\ October Filing, Exhibit 5A, at 125, and Exhibit 5C, at 152.
---------------------------------------------------------------------------

     In the Exchange Certificate, amend the signature line to
replace ``2018'' with ``2019''; and
     In the Holdings Certificate, amend Article XIV (Effective
Time) and the signature line to replace ``2018'' with ``2019.''
    The proposed rule change is a non-substantive administrative
change. The Exchange proposes that the changes and described herein
would become operative upon the Exchange Certificate becoming effective
pursuant to its filing with the Secretary of State of the State of
Delaware.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \7\ in general, and with Section
6(b)(1) \8\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange. The Exchange also believes
that the proposed rule change is consistent with Section 6(b)(5) of the
Exchange Act \9\ because the proposed rule change would be consistent
with and facilitate a governance and regulatory structure that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed amendments are non-substantive changes that do not
impact the governance or ownership of the Exchange. The Exchange
believes that the proposed amendments would reduce potential investor
and market participant confusion and therefore remove impediments to
and perfect the mechanism of a free and open market and a national
market system by ensuring that the Exchange Certificate and Holdings
Certificate accurately reflect the date they are signed and operative,
ensuring that investors and market participants can more easily
understand the Exchange Certificate and Holdings Certificate.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not designed to address any competitive issue but rather is
concerned solely with ensuring that the Exchange Certificate and
Holdings Certificate accurately reflect the date they are signed and
operative.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(3) \11\ thereunder in
that the proposed rule change is concerned solely with the
administration of the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may 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 under Section
19(b)(2)(B) \12\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-CHX-2019-01 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-CHX-2019-01. 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 website (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 website 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 the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CHX-2019-01, and should be submitted on
or before February 28, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-01388 Filed 2-6-19; 8:45 am]
 BILLING CODE 8011-01-P