[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42214-42219]
[FR Doc No: 2018-17931]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0472; FRL-9982-23--Region 9]

Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen
Dioxide and Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving several state implementation plan
(SIP) submissions from the State of Arizona pursuant to the
requirements of section 110(a)(1) and 110(a)(2) of the Clean Air Act
(CAA or ``the Act'') for the implementation, maintenance, and
enforcement of the 2010 nitrogen dioxide (NO2) and 2010
sulfur dioxide (SO2) national ambient air quality standards
(NAAQS or ``standards''). We refer to such SIP submissions as
``infrastructure'' SIP submissions because they are intended to address
basic structural SIP requirements for new or revised standards
including, but not limited to, legal authority, regulatory structure,
resources, permit programs, monitoring, and modeling necessary to
assure implementation, maintenance, and enforcement of the NAAQS. In
addition, the EPA is reclassifying Pima County from Priority II to
Priority III for SO2 emergency episode planning purposes.
The EPA is also approving into the Arizona SIP sections of an Arizona
Revised Statute related to air quality modeling and the submission of
modeling data to the EPA. Finally, the EPA is clarifying several
inconsistencies between its technical support document and notice of
proposed rulemaking.

DATES: This rule is effective on September 20, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2015-0472. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), EPA Region IX,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Section 110(a)(1) of the CAA requires states to make a SIP
submission within three years after the promulgation of a new or
revised primary NAAQS. Section 110(a)(2) includes a list of specific
elements that the SIP must include. Many of the section 110(a)(2) SIP
elements relate to the general information and authorities that
constitute the ``infrastructure'' of a state's air quality management
program. SIP submittals that address these requirements are referred to
as ``infrastructure SIP submissions'' or ``I-SIP submissions.'' The I-
SIP elements required by section 110(a)(2) are as follows:
     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 and regulation of new and modified stationary sources
(excluding the requirements applicable only in nonattainment areas);
     section 110(a)(2)(D)(i): Interstate pollution transport;
     section 110(a)(2)(D)(ii): Interstate and international
pollution abatement;
     section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies;
     section 110(a)(2)(F): Stationary source monitoring and
reporting;
     section 110(a)(2)(G): Emergency episodes;
     section 110(a)(2)(H): SIP revisions;
     section 110(a)(2)(J): Consultation with government
officials, public notification, prevention of significant deterioration
(PSD), and visibility protection;
     section 110(a)(2)(K): Air quality modeling and submittal
of modeling data;
     section 110(a)(2)(L): Permitting fees; and
     section 110(a)(2)(M): Consultation/participation by
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by
the three-year submittal deadline of section 110(a)(1) and are
therefore not addressed in this action. These two elements are: Section
110(a)(2)(C) to the extent it refers to nonattainment new source review
(NSR) permit programs required under part D, and section 110(a)(2)(I),
pertaining to the nonattainment planning requirements of part D. As a
result, this action does not address SIP requirements for the
nonattainment NSR portion of section 110(a)(2)(C) or of section
110(a)(2)(I).
    In 2010, the EPA promulgated revised NAAQS for NO2 and
SO2, triggering a requirement for states to submit
infrastructure SIP submissions. The NAAQS addressed by this
infrastructure SIP rulemaking include the following:
     2010 NO2 NAAQS, which revised the primary 1971
NO2 annual standard of 53 parts per billion (ppb) by
supplementing it with a new 1-hour average NO2 standard of
100 ppb, and retained the secondary annual standard of 53 ppb; \1\ and
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    \1\ 75 FR 6474 (February 9, 2010). The annual NO2
standard of 0.053 parts per million (ppm) is listed in ppb for ease
of comparison with the new 1-hour standard.
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     2010 SO2 NAAQS, which established a new 1-hour
average SO2 standard of 75 ppb, retained the secondary 3-
hour average SO2 standard of 500 ppb, and established a
mechanism for revoking the existing annual and 24-hour SO2
standards.\2\
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    \2\ 75 FR 35520 (June 22, 2010). The annual SO2
standard of 0.5 ppm is listed in ppb for ease of comparison with the
new 1-hour standard.

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    On May 16, 2016, the EPA proposed to partially approve and
partially disapprove the Arizona infrastructure SIP submissions as
meeting the requirements of sections 110(a)(1) and 110(a)(2) of the Act
for the implementation, maintenance, and enforcement of the 2010
NO2 and 2010 SO2 standards. In addition, we
proposed to reclassify the Pima Intrastate Air Quality Control Region
(AQCR) for SO2 emergency episode planning. We also proposed
to approve into the Arizona SIP Arizona Revised Statutes (ARS) related
to air quality modeling and the submission of modeling data to the
EPA.\3\ The rationale supporting the EPA's actions is explained in our
proposal notice and the associated technical support document (TSD) and
will not be restated here. The proposed rule and TSD are available
online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-
2015-0472.
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    \3\ Partial Approval and Partial Disapproval of Air Quality
State Implementation Plans; Arizona; Infrastructure Requirements for
Nitrogen Dioxide and Sulfur Dioxide. 81 FR 31571 (May 19, 2016).
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II. Public Comments

    During the public comment period, the EPA received one brief and
anonymous comment on the proposed action.
    Comment: The commenter states that the ``EPA cannot approve the PSD
portions of the I-SIPs for both pollutants for [Arizona Department of
Environmental Quality] and Pinal County until both programs have fully
approved PM2.5 increment provisions that do not contain
illegal exemptions.''
    Response: On May 4, 2018, we finalized approval of Arizona
Department of Environmental Quality (ADEQ) rule revisions to correct
deficiencies in ADEQ's SIP-approved NSR program related to the
requirements under part C (PSD) and part D (nonattainment NSR) of title
I of the Act that apply to major stationary sources and major
modifications of such sources. 83 FR 19631. Section A of ADEQ rule R18-
2-218, approved into the SIP as part of our May 4, 2018 action,
includes PSD increments for criteria pollutants, including
NO2, SO2, and PM2.5. Our approval of
the PSD increments for PM2.5 into the Arizona SIP applied to
both ADEQ and Pinal County. The May 4, 2018 final action thus resolved
the issue identified by the commenter.
    Nonetheless and as explained further below, we are finalizing a
partial disapproval of a narrow portion of the PSD program elements of
the I-SIP submissions for the 2010 NO2 and 2010
SO2 NAAQS for ADEQ and Pinal County. As explained in the TSD
for the proposal notice, while ADEQ and Pinal County have SIP-approved
PSD programs that cover most of the requirements of part C, title I of
the Act, they do not have programs that provide for regulating the
construction and modification of stationary sources of greenhouse gases
(GHGs). Instead, all of Arizona is subject to the federal PSD program
at 40 CFR 52.21 for regulation of stationary sources of GHGs.\4\ As
explained in our TSD, the EPA's 2013 I-SIP guidance, and previous EPA
rulemakings on Arizona I-SIP submissions, if a state does not have a
fully approved PSD program that covers the requirements for all
regulated NSR pollutants, including GHGs, then the EPA cannot fully
approve an I-SIP submission with respect to the PSD-related
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii),
and 110(a)(2)(J).\5\
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    \4\ Technical Support Document, Evaluation of the Arizona
Infrastructure SIP for 2010 SO2 and NO2 NAAQS,
April 29, 2016 at 14.
    \5\ Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13, 2013. See also
Partial Approval and Disapproval of Air Quality Implementation
Plans; Arizona; Infrastructure Requirements for Ozone and Fine
Particulate Matter. 77 FR 66398 (November 5, 2012).
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III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and
rationale presented in the proposed rule, the related TSD, and this
final rule, the EPA is approving in part and disapproving in part
Arizona infrastructure SIP submissions addressing requirements of CAA
section 110(a)(1) and (2), as applicable, with respect to the 2010
NO2 and 2010 SO2 NAAQS.
    In this final action we are also making several administrative
changes to clarify inconsistencies between our notice of proposed
rulemaking and TSD. In the May 16, 2016 action we inadvertently listed
several elements under the Proposed Approvals and Partial Approvals
section of the notice. The portions of the infrastructure SIP
submissions that the EPA listed under the Proposed Approvals and
Partial Approvals section of the notice, but instead should have been
listed under the Proposed Partial Disapprovals section of the notice,
include: Section 110(a)(2)(C) prevention of significant deterioration
(ADEQ and Pinal County); \6\ section 110(a)(2)(D)(i)(II) interference
with prevention of significant deterioration, or prong 3 (ADEQ and
Pinal County); \7\ section 110(a)(2)(D)(ii) interstate pollution
abatement (ADEQ and Pinal County); and section 110(a)(2)(J) prevention
of significant deterioration (ADEQ and Pinal County).\8\ As explained
in the TSD, while ADEQ and Pinal County have SIP-approved PSD programs
that cover most of the requirements of part C, title I of the Act, they
do not have programs that provide for regulating the construction and
modification of stationary sources of GHGs. Instead, all of Arizona is
subject to the federal PSD program at 40 CFR 52.21 for regulation of
stationary sources of GHGs.\9\ As explained in the EPA's 2013 I-SIP
guidance, if a state does not have a fully approved PSD program that
covers the requirements for all regulated NSR pollutants, including
GHGs, then the EPA cannot fully approve the I-SIP submission for the
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii),
and 110(a)(2)(J).\10\ Thus, consistent with the TSD for this action,
past actions on Arizona I-SIP submissions, and our 2013 I-SIP guidance,
this final action serves to clarify that the SIP submissions are
partially approved and partially disapproved for the PSD-related
infrastructure requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J) with respect to ADEQ and Pinal
County. The partial disapproval for ADEQ and Pinal County applies only
with respect to the fact that these air programs do not have SIP
approved rules to regulate sources of GHG emissions, and instead
implement a federal implementation plan (FIP) for regulation of sources
of GHGs pursuant to a delegation agreement with the EPA.
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    \6\ CAA section 110(a)(2)(C) consists of three sub-elements:
Program for enforcement of control measures, major source PSD
program, and regulation of minor sources and minor modifications.
Only the PSD requirement as applicable to ADEQ and Pinal County is
included in the administrative clarifications described in this
final action. For additional information on section 110(a)(2)(C)
requirements, please see the TSD for this action.
    \7\ In our notice of proposed rulemaking, we partially
mislabeled prong 3 as ``110(a)(2)(D)(i)(I) (in part)--interference
with maintenance, or prong 3''. See 81 FR 31571, 31575, section IV.A
(May 16, 2016).
    \8\ See 81 FR 31571, 31575.
    \9\ Technical Support Document, Evaluation of the Arizona
Infrastructure SIP for 2010 SO2 and NO2 NAAQS,
April 29, 2016 at 14.
    \10\ Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13, 2013.
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A. Approvals

    We are approving the 2010 NO2 and 2010 SO2
Arizona infrastructure SIP

submission with respect to the following CAA requirements for the
jurisdiction and pollutants listed in parentheses, as applicable:
     Section 110(a)(2)(A)--emission limits and other control
measures (for all jurisdictions and both pollutants);
     section 110(a)(2)(B)--ambient air quality monitoring/data
system (for all jurisdictions and both pollutants);
     section 110(a)(2)(C)--program for enforcement of control
measures and regulation of minor sources and minor modifications (for
all jurisdictions and both pollutants)
     section 110(a)(2)(D)--interstate pollution transport;

--section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment
and interference with maintenance (for the 2010 NO2 NAAQS in
all jurisdictions;
--section 110(a)(2)(D)(ii)--international air pollution in section 115
(for all jurisdictions and both pollutants);

     section 110(a)(2)(E)--adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies (for all jurisdictions and both pollutants);
     section 110(a)(2)(F)--stationary source monitoring and
reporting (for all jurisdictions and both pollutants);
     section 110(a)(2)(G)--emergency episodes (for all
jurisdictions and both pollutants);
     section 110(a)(2)(H)--SIP revisions (for all jurisdictions
and both pollutants);
     section 110(a)(2)(J)--consultation with government
officials in section 121 (for all jurisdictions and both pollutants)
and public notification of exceedances in section 127 (for all
jurisdictions and both pollutants);
     section 110(a)(2)(K)--air quality modeling and submission
of modeling data (for all jurisdictions and both pollutants);
     section 110(a)(2)(L)--permitting fees (for all
jurisdictions and both pollutants); and
     section 110(a)(2)(M)--consultation/participation by
affected local entities (for all jurisdictions and both pollutants).
    The EPA is taking no action at this time on section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment and
interference with maintenance--for the 2010 SO2 NAAQS.

B. Partial Approvals and Partial Disapprovals

    The EPA is partially approving and partially disapproving Arizona's
2010 NO2 and 2010 SO2 infrastructure SIP
submissions with respect to the following infrastructure SIP
requirements for the jurisdiction and pollutants listed in parentheses:
     Section 110(a)(2)(C)--PSD permit program (for ADEQ and
Pinal County and both pollutants);
     section 110(a)(2)(D)--interstate pollution transport (see
below); and

--section 110(a)(2)(D)(i)(II)--interference with measures required to
prevent significant deterioration (for ADEQ and Pinal County and both
pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section
126 (for ADEQ and Pinal County and both pollutants);

     section 110(a)(2)(J)--PSD permit program (for ADEQ and
Pinal County and both pollutants);

C. Disapprovals

    The EPA is disapproving Arizona's 2010 NO2 and 2010
SO2 infrastructure SIP submissions with respect to the
following infrastructure SIP requirements:
     Section 110(a)(2)(C)--PSD permit program (for Maricopa
County and Pima County and both pollutants);
     section 110(a)(2)(D)--interstate pollution transport (see
below); and

--section 110(a)(2)(D)(i)(II)--interference with measures required to
prevent significant deterioration (for Maricopa County and Pima County
and both pollutants);
--section 110(a)(2)(D)(i)(II)--interference with measures required to
protect visibility (for all jurisdictions and both pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section
126 (for Maricopa County and Pima County and both pollutants);

     section 110(a)(2)(J)--PSD permit program (for Maricopa
County and Pima County and both pollutants).

D. Consequences of Disapprovals and Partial Disapprovals

    CAA section 110(c)(1) provides that the EPA must promulgate a FIP
within two years after finding that a state has failed to make a
required submission or disapproving a state's SIP submission in whole
or in part, unless the EPA approves a SIP revision correcting the
deficiencies within that two-year period. As explained below and in the
TSD for this action, today's final disapproval and final partial
approval and partial disapproval actions do not result in any new FIP
obligations because FIPs are already in place for the deficient
portions of Arizona's I-SIP submissions for the 2010 SO2 and
2010 NO2 NAAQS.
    We are disapproving the Pima County and Maricopa County portions of
Arizona's infrastructure SIP submissions, and partially approving and
partially disapproving the ADEQ and Pinal County portions of Arizona's
infrastructure SIP submissions, with respect to the PSD-related
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J). The Arizona SIP does not fully
satisfy the statutory and regulatory requirements for PSD permit
programs under part C, title I of the Act, because Maricopa County and
Pima County do not have SIP-approved PSD programs, while ADEQ and Pinal
County do not have SIP-approved PSD programs that cover GHGs. Maricopa
County and Pima County currently implement the federal PSD program in
40 CFR 52.21 for all regulated NSR pollutants, pursuant to delegation
agreements with the EPA, while ADEQ and Pinal County implement 40 CFR
52.21 for GHGs pursuant to delegation agreements with the EPA.
Accordingly, although the Arizona SIP remains deficient with respect to
certain PSD requirements in the ADEQ, Pinal County, Maricopa County,
and Pima County portions of the SIP, these deficiencies are adequately
addressed in all areas by the federal PSD program in 40 CFR 52.21 and
do not create new FIP obligations.
    We are also disapproving all jurisdictions in Arizona for the
visibility-related requirements of section 110(a)(2)(D)(i)(II). Because
ADEQ, Pinal County, Maricopa County, and Pima County rely on an
existing FIP to control sources under the Regional Haze Rule, and they
have not demonstrated that emissions within their respective
jurisdictions do not interfere with other states' programs to protect
visibility, they do not meet the infrastructure SIP obligations for the
visibility requirements of section 110(a)(2)(D)(i)(II) for the 2010
NO2 and 2010 SO2 NAAQS. Because a Regional Haze
FIP is already in place, however, this disapproval creates no new FIP
obligations.

E. Approval of Arizona Revised Statutes Into the Arizona SIP

    The EPA is approving ARS sections 49-104(A)(3) and (B)(1) into the
Arizona SIP in order to meet the air quality modeling and data
submission requirements of 110(a)(2)(K) for the 2010 NO2 and
2010 SO2 NAAQS, as well as for past and future NAAQS.
Approval of ARS 49-104(A)(3) and (B)(1) into the SIP also corrects

deficiencies identified in previous infrastructure SIP rulemakings.\11\
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    \11\ On November 5, 2012, the EPA disapproved the CAA
110(a)(2)(K) I-SIP element with respect to ADEQ's submittals for the
1997 8-hour ozone and 1997 and 2006 PM2.5 NAAQS (77 FR
66398). On July 14, 2015, the EPA again disapproved this I-SIP
element for the 2008 lead and 2008 ozone NAAQS (80 FR 40906). The
EPA disapproved those submissions because ADEQ, Pima, Pinal, and
Maricopa Counties did not submit adequate provisions or narrative
information related to the 110(a)(2)(K) requirements. The EPA's
approval of ARS sections 49-104(A)(3) and (B)(1) into the Arizona
SIP corrects previous disapprovals found at 77 FR 66398 and 80 FR
40906.
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F. Reclassification for Emergency Episode Planning

    Based on Arizona's 2013-2017 air quality data for Pima County, we
are reclassifying this region from Priority II to Priority III for
SO2.\12\ The reclassification to Priority III relieves Pima
County from having to address the emergency episode contingency plan
requirement to meet the infrastructure SIP requirements of section
110(a)(2)(G) for the 2010 SO2 NAAQS.\13\ Accordingly, and as
noted above, the EPA is approving the infrastructure SIP submission for
Pima County with respect to this requirement.
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    \12\ The EPA's May 2016 proposal to reclassify the Pima
Intrastate AQCR to Priority III for SO2 was based on
2013-2015 data in the EPA's Air Quality System (AQS). The 2015-2017
data in AQS and preliminary 2018 data show Pima AQCR continues to
meet the requirements for reclassification to Priority III for
emergency episode planning. The boundaries of the Pima Intrastate
AQCR are described in 40 CFR 81.269. The AQS data for 2013-2017 are
available in the docket for today's rulemaking.
    \13\ Consistent with the provisions of 40 CFR 51.153,
reclassification of an AQCR must rely on the most recent three years
of air quality data. The classification system for emergency episode
plans is described in 40 CFR 51.150. See 81 FR 18766 at 18770,
further describing the EPA's authority for a reclassification of an
AQCR. Regions classified Priority I, IA, or II are required to have
SIP-approved emergency episode contingency plans, while those
classified Priority III are not required to have emergency episode
contingency plans.
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IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: July 31, 2018.
Michael Stoker,
Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart D--Arizona

0
2. Section 52.120 paragraph (e) is amended by:
0
a. In Table 1, adding three entries after the entry ``Arizona State
Implementation Plan Revision under Clean Air Act Section 110(a)(1) and
(2); 2008 8-hour Ozone NAAQS, excluding the appendices''; and
0
b. In Table 3 by adding an entry for ``49-104, subsections (A)(3) and
(B)(1) only'' after the entry for ``49-104, subsections (A)(2), (A)(4),
(B)(3), and (B)(5) only''.
    The additions read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (e) * * *

                                           Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
                           [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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                                        Applicable
                                       geographic or       State submittal
      Name of SIP provision         nonattainment  area          date                   EPA approval date                        Explanation
                                     or title/subject
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                                             The State of Arizona Air Pollution Control Implementation Plan
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                           Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans
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                                                                      * * * * * * *
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Arizona State Implementation Plan  State-wide..........  January 18, 2013...  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on January
 Section 110(a)(1) and (2);                                                                                18, 2013.
 Implementation of the 2010 NO2
 National Ambient Air Quality
 Standards, excluding the
 appendices.
Arizona State Implementation Plan  State-wide..........  July 23, 2013......  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on July 23,
 Section 110(a)(1) and (2);                                                                                2013.
 Implementation of the 2010 SO2
 National Ambient Air Quality
 Standards, excluding the
 appendices.
Arizona State Implementation Plan  State-wide..........  December 3, 2015...  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on December
 Section 110(a)(1) and (2);                                                                                3, 2015.
 Implementation of the 2008 ozone
 and 2010 NO2 National Ambient
 Air Quality Standards,
 excluding:
    (i) The submission in
     Enclosure 1 titled ``SIP
     Revision: Clean Air Act
     Section 110(a)(2)(D) 2008
     Ozone National Ambient Air
     Quality Standards Air
     Quality Division'' dated
     December 3, 2015;
    (ii) All appendices in
     Enclosure 1; and Enclosure
     2.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
  D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
  Areas.

* * * * *

                                                 Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           State submittal
          State citation               Title/subject             date                   EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                ARIZONA REVISED STATUTES
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Title 49 (The Environment)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 1 (General Provisions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Article 1 (Department of Environmental Quality)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
49-104 subsections (A)(3) and      Powers and duties of  December 3, 2015...  August 21, 2018, [INSERT Federal      Arizona Revised Statutes (Thomson
 (B)(1) only.                       the department and                         Register CITATION].                   Reuters, 2015-16 Cumulative Pocket
                                    director.                                                                        Part). Adopted by the Arizona
                                                                                Department of Environmental Quality
                                                                                on December 3, 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

0
3. Section 52.121 is revised to read as follows:

Sec.  52.121  Classification of regions.

    The Arizona plan is evaluated on the basis of the following
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                       Classifications
        AQCR (constituent counties)        ---------------------------------------------------------------------
                                                 PM            SOX           NO2           CO            O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)............            I           III           III             I             I
Pima Intrastate (Pima)....................            I           III           III           III             I
Northern Arizona Intrastate (Apache,                  I           III           III           III           III
 Coconino, Navajo, Yavapai)...............
Mohave-Yuma Intrastate (Mohave, Yuma).....            I           III           III           III           III
Central Arizona Intrastate (Gila, Pinal)..            I            IA           III           III           III
Southeast Arizona Intrastate (Cochise,                I            IA           III           III           III
 Graham, Greenlee, Santa Cruz)............
----------------------------------------------------------------------------------------------------------------

0
4. Section 52.123 is amended by revising paragraphs (l) through (p),
and adding paragraphs (q) and (r) to read as follows:

Sec.  52.123  Approval status.

* * * * *
    (l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009
and August 24, 2012 are fully or partially disapproved for Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of
the Arizona SIP.
    (m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of
the Arizona SIP.
    (n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all
portions of the Arizona SIP.
    (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14,
2011, December 27, 2012, and December 3, 2015 are fully or partially
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II),
D(ii), and (J) for all portions of the Arizona SIP.
    (p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011
and December 27, 2012 are fully or partially disapproved for Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of
the Arizona SIP.
    (q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18,
2013 and December 3, 2015 are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.
    (r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013
and December 3, 2015 are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.

[FR Doc. 2018-17931 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48876-48878]
[FR Doc No: 2016-17585]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78374; File No. SR-NYSEARCA-2016-98]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rules 1.1(s) and 7.35P(a)(10)(A) to Extend the Period for the
Current Trading Halt Auction Collar Price Collar Thresholds

July 20, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on July 8, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rules 1.1(s) and
7.35P(a)(10)(A) to extend the period for the current Trading Halt
Auction Collar price collar thresholds. The proposed rule change is
available on the

Exchange's Web site 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 1.1(s)
(``Rule 1.1(s)'') and 7.35P(a)(10)(A) (``Rule 7.35P'') to extend the
period for the current Trading Halt price collar thresholds.
    As specified in Rules 1.1(s) and 7.35P(a)(10)(A), the price collar
thresholds for Trading Halt Auctions are currently set at 10% for
securities with an Auction Reference Price \4\ of $25.00 or less, 5%
for securities with an Auction Reference Price greater than $25.00 but
less than or equal to $50.00, and 3% for securities with an Auction
Reference Price greater than $50.00.\5\ These price collar thresholds
were adopted on an interim basis and sunset on July 28, 2016.
---------------------------------------------------------------------------

    \4\ As set forth in Rule 7.35P(a)(8)(A), the Auction Reference
Price for Trading Halt Auctions is the last consolidated round-lot
price of that trading day and, if none, the prior trading day's
Official Closing Price. As set forth in Rule 1.1(s), the auction
reference price is the last consolidated sale price.
    \5\ Rule 7.35P governs trading for symbols transitioned to the
Pillar trading platform. Although all symbols are trading on the
Pillar trading platform, the [sic] the Exchange proposes to amend
Rule 1.1(s) so that Exchange rules that address the same topic are
harmonized.
---------------------------------------------------------------------------

    When approving the current price collar thresholds for Trading Halt
Auctions, the Commission noted that they were appropriate as an interim
measure to protect investors and the public interest.\6\ The Exchange
committed to use the period while the interim price collar thresholds
are in place to conduct an analysis to determine whether to make the
proposed price collar thresholds permanent or to propose other or
additional changes to its re-opening process. Since that time, under
the auspices of the Operating Committee of the Regulation NMS Plan to
Address Extraordinary Market Volatility (``LULD Plan''), and with input
from the Advisory Committee to the LULD Plan, the Exchange has begun
working with other primary listing markets and participants to the LULD
Plan to identify proposed changes to the resumption of trading
following a trading pause that could be applied across all automated
markets. This initiative has superseded the Exchange's prior analysis
relating to the resumption of trading following a trading pause.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 76994 (Jan. 28,
2016), 81 FR 5809 (Feb. 3, 2016) (SR-NYSEArca-2015-121) (Approval
Order) and 77140 (Feb. 16, 2016), 81 FR 8812 (SR-NYSEArca-2016-27)
(Notice of Filing).
---------------------------------------------------------------------------

    Because the analysis associated with market-wide initiative is not
expected to be completed by July 28, 2016, the Exchange proposes to
extend the time for its interim price collar thresholds for Trading
Halt Auctions from July 28, 2016 to January 31, 2017. The Exchange
believes that extending the existing interim measures an additional six
months will provide time for the participants to the LULD Plan to
complete their analysis relating to the resumption of trading following
a trading pause, while at the same time maintaining the current
protections for Trading Halt Auctions. This extension of the time
period will also provide additional time for the Exchange and other
participants to the LULD Plan to amend their respective rules or the
LULD Plan, as appropriate.
    The Exchange continues to believe that it is appropriate to have
protections in place for Trading Halt Auctions to assure that a
reopening trade will not deviate significantly from prior prices, even
taking into consideration natural price movements for a security. The
Exchange believes that it is appropriate to maintain price collar
thresholds for Trading Halt Auctions based on the clearly erroneous
execution guidelines because an auction trade is subject to these
guidelines for purposes of determining whether such execution is
clearly erroneous. In addition, the Exchange's interim price collar
thresholds are similar to how BATS BZX Exchange, Inc. (``BATS'') prices
its Halt Auctions for ETPs. Like BATS, the Exchange is the primary
listing market only for ETPs and would, therefore only have Trading
Halt Auctions for ETPs. BATS Rule 11.23(d)(2)(D) provides that BATS
executes orders in ETPs in a Halt auction at a price level within a
``Collar Price Range'' that maximizes the number of shares executed in
the auction. Similar to the Exchange's rule, BATS uses Collar Price
Ranges that are based on the numerical guidelines set forth in the
market-wide clearly erroneous execution rules.\7\ The Exchange's
Auction Collars differ from BATS's pricing mechanism because the
Exchange would use the consolidated last sale price as the reference
price, rather than the midpoint of a ``Valid NBBO.'' The Exchange
believes that using the consolidated last sale price tracks the market-
wide clearly erroneous execution rules, which similarly use the
consolidated last sale price for determining whether an execution is
clearly erroneous.
---------------------------------------------------------------------------

    \7\ As set forth in BATS Rule 11.23(a)(6), the Collar Price
Range is 10% for securities with a Collar Midpoint of $25.00 or
less, 5% for securities with a Collar Midpoint greater than $25.00
but less than or equal to $50.00, and 3% for securities with a
Collar Midpoint greater than $50.00. BATS Rule 11.23(a)(6) defines
the Collar Midpoint as the Volume Based Tie Breaker, which is
defined in BATS Rule 11.23(a)(23) as the midpoint of the NBBO if it
is a Valid NBBO, with a Valid NBBO defined as where: (i) There is
both a NBB and NBO for the security; (ii) the NBBO is not crossed;
and (iii) the midpoint of the NBBO is less than the Maximum
Percentage away from both the NBB and the NBO.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and
furthers the objectives of Section 6(b)(5),\9\ in particular, because
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.
---------------------------------------------------------------------------

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

    The Exchange believes that extending the interim period for the
current Trading Halt Auction price collar thresholds would remove
impediments to and perfect the mechanism of a fair and orderly market
by providing for Auctions Collars at the Exchange pending the ongoing
analysis by the participants to the LULD Plan to identify a market-wide
solution to automated reopenings following a trading pause. For the
extended interim basis, the price collar thresholds would continue to
be aligned with the clearly erroneous execution guidelines and
therefore continuing with these price collar thresholds would reduce
the

potential for a Trading Halt Auction to be a clearly erroneous
execution. In addition, the Exchange believes that pending the outcome
of the analysis being performed by the Operating Committee to the LULD
Plan, extending the Exchange's interim measure an additional six months
would be consistent with the protection of investors and the public
interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather to provide for a
six-month extension to the price collar thresholds for Trading Halt
Auctions on the Exchange, pending the analysis being conducted by the
Operating Committee to the LULD Plan.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. As
the Exchange notes, waiver of the operative delay would allow for the
current price collar thresholds, which are due to expire on July 28,
2016, to continue uninterrupted pending the ongoing market-wide
analysis regarding potential changes to automated reopenings following
a trading pause. Accordingly, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2016-98 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-NYSEARCA-2016-98. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2016-98 and should
be submitted on or before August 16, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17585 Filed 7-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Page 44027]
[FR Doc No: 2011-18610]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1989-DR; Docket ID FEMA-2011-0001]

Oklahoma; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-1989-DR), dated June 6, 2011, and
related determinations.

DATES: Effective Date: July 6, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of June 6, 2011.

Ottawa County for Individual Assistance

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

    Dated: July 18, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-18610 Filed 7-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55068]
[DOCID:fr24se08-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1437-001]

Polytop Corporation; Notice of Filing

September 17, 2008.
    Take notice that on September 11, 2008, Polytop Corporation filed
an amendment to its August 22, 2008 notice of cancellation filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 2, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-22273 Filed 9-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46243-46246]
[FR Doc No: 2021-17639]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8719-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection
Agency (EPA).

ACTION: Notice of a modified system of records.

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

SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
Information Management (OIM) is giving notice that it proposes to
modify a system of records pursuant to the provisions of the Privacy
Act of 1974. Central Data Exchange-Customer Registration Subsystem
(CDX-CRS) is being modified to officially change from Central Data
Exchange Customer Registration Subsystem (CDX-CRS). The new name for
the system will be called Central Data Exchange (CDX). Additionally,
CDX will leverage cloud resources.

DATES: Persons wishing to comment on this system of records notice must
do so by September 17, 2021. Modified routine uses for this modified
system of records will be effective September 17, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2020-0139, by one of the following methods:
    Federal eRulemaking Portal: www.regulations.gov. Follow the online
instructions for submitting comments.
    Email<EMAIL_ADDRESS>Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2020-0139. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
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 the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: U.S. EPA, Attn: Joe Carioti, U.S. EPA,
Information Exchange Services Branch, 1200 Pennsylvania Ave. NW (Mail
Code 2824T), Washington, DC 20460, Tel:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information contained in records
maintained in the CDX system are used to verify the identity of the
individual,

inform users of the conditions and terms of using CDX, allow individual
users to establish an account on CDX, provide individual users access
to their CDX account for electronically filing compliance data or
exchanging other forms of environmental data, allow individual users to
customize, update or terminate their account with CDX, renew or revoke
an individual user's account on CDX, support the CDX help desk
functions, investigate possible fraud and verify compliance with
program regulations, and initiate legal action against an individual
involved in program fraud, abuse, or noncompliance. CDX records will be
used to facilitate registering CDX system users, issuing a username and
password, and subsequently, verifying an individual's identity as he/
she seeks to gain routine access to his/her account. In some cases, the
user verification process will require EPA to contact the employer,
based on the registration information provided by the user. The system
has secondary uses that include using the established username to
facilitate tracking service calls or emails from the user in the event
that there is a change in registration status or the user has a problem
with CDX; offering the user new CDX service options, and facilitating
the retrieval of user actions (e.g., historical submissions and help
tickets); and events while on the CDX system.
    The records may also be subsequently used for auditing or other
internal purposes of the EPA, including but not limited to instances
where enforcement of the conditions of using CDX are necessary;
investigation of possible fraud involving a registered user; litigation
purposes related to information reported to the agency; contacting the
individual in the event of a system modification; a change to CDX; or
modification, revocation or termination of user's access privileges to
CDX.

SYSTEM NAME AND NUMBER:
    Central Data Exchange (CDX), EPA-52.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The CDX system is located at U.S. EPA National Computer Center, 109
T.W. Alexander Drive, Research Triangle Park, NC 27711; additional
locations include cloud environments located in Microsoft Azure East US
1, East US 2 and Central US along with other partner sites in Virginia.

SYSTEM MANAGER(S):
    Joe Carioti, Branch Chief, U.S. EPA, Information Exchange Services
Branch, 1200 Pennsylvania Ave. NW (Mail Code 2824T), Washington, DC
20460. Tel:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    In accordance with the Government Paperwork Elimination Act (44
U.S.C. 3504), EPA's electronic compliance filing and environmental data
exchange system will enable the ``acquisition and use of information
technology, including alternative information technologies that provide
for electronic submission, maintenance, or disclosure of information as
a substitute for paper and for the use and acceptance of electronic
signatures.'' Section 3504(a)(1)(B)(vi) of Title 44, United States
Code. Authority is additionally regulated by the CROss-Media Electronic
Reporting Rule (40 CFR part 3), as a regulatory alternative to paper
reporting.

PURPOSE(S) OF THE SYSTEM:
    CDX is EPA's portal for electronically exchanging environmental
data with external customers. Users with CDX accounts may choose to
engage in secure, electronic filing of environmental documents as
permitted under the Government Paperwork Elimination Act (GPEA).The
information is also used to provide authenticated, protected access to
the CDX system, thereby protecting CDX and CDX users from potential
harm caused by individuals with malicious intentions gaining
unauthorized access to the system.

CATEGORIES OF INDIVIDUALS COVERED BY SYSTEM:
    This system contains records on all individuals that have either
attempted to register or have registered to obtain an account to use
CDX for electronically exchanging data with EPA. Registered users of
CDX may include representatives of industry, government or laboratories
exchanging information with EPA through CDX.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains records for individuals' name, self- assigned
username and security question, work title, work address and related
work contact information (e.g., phone numbers, email address),
supervisors' name and related contact information, information related
to the EPA reporting program the individual is planning to
electronically file or report under (e.g., EPA program ID # and EPA
program role), and the method of reporting (e.g., web browser, file
exchange). In cases where individuals are asked to electronically
``sign'' certain EPA forms, CDX may request additional information
items from an individual in order to safeguard their account and create
secret questions/answers that only the individual should know.

RECORD SOURCE CATEGORIES:
    Information is obtained from individuals who have had or seek to
have their identity authenticated.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system (73 FR 2245):
    A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information: Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
    C. Disclosure to Requesting Agency: Disclosure may be made to a
Federal, State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil,

administrative, personnel, or regulatory action.
    D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
    F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
    4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components,
    Is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
    G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management: Information
from this system of records may be disclosed to the Office of Personnel
Management pursuant to that agency's responsibility for evaluation and
oversight of Federal personnel management.
    K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
    L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) the Agency suspects or has
confirmed that there has been a breach of the system of records, (2)
the Agency has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Agency
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Agency's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    M. Disclosure To Assist Another Agency in Its Efforts To Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when the Agency determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on computer storage
devices such as computer disks. The computer storage devices are
located at U.S. EPA National Computer Center, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711, on cloud resources and partner sites.
Backups will be maintained at a disaster recovery site.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by the CDX username, program ID number, all
or part of the individual's name, phone number, and email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The EPA will retain and dispose of these records in accordance with
National Archives and Records Administration General Records Schedule
20, Item 1.c. This 0097 schedule provides disposal authorization for
electronic files and hard copy printouts created to monitor system
usage, including but not limited to log-in files, audit trail files,
system usage files, and cost-back files used to access charges for
system use. Records will be deleted or destroyed according to EPA
Records Schedule 0097.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in
Central Data Exchange (CDX) are commensurate with those required for an
information system rated moderate for confidentiality, integrity, and
availability, as prescribed in NIST Special Publication, 800-53,
``Security and Privacy Controls for Information Systems and
Organizations,'' Revision 4.
    1. Administrative Safeguards: The system will be operated and
maintained by EPA or organizations under contract with the EPA
(henceforth referred to as ``EPA''). EPA has minimized the risk of
unauthorized access to the system by establishing a secure environment
for exchanging electronic information.
    3. Physical Safeguards: Physical access to the data system housed
within the facility is controlled by a

computerized badge reading system, and the entire complex is patrolled
by security during non-business hours. The computer system offers a
high degree of resistance to tampering and circumvention. Multiple
levels of security are maintained with the computer system control
program.
    4. Logical Access Safeguards (Technical): The individual
registering for CDX will generate a self-assigned passwords that will
be stored in CDX, but it will only be accessible to the registering
individual. To restore passwords additional secrets will be provided by
individual and validated along with email or other out-of-band factor
such as registered mobile phone using a 1-time passphrase.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records
about themselves are required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge or
identification card). Additional identity verification procedures may
be required, as warranted. Requests must meet the requirements of EPA
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records
contains a record about him or her, should make a written request to
the Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave., NW,
Washington, DC 20460<EMAIL_ADDRESS>
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Notice of a New System of Records [Federal Register Vol 67, No. 52
(Monday, March 18, 2002)] Amendment to System of Records Notice
[Federal Register Vol 68, No. 235 (Monday, December 8, 2003)].

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-17639 Filed 8-17-21; 8:45 am]
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[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76621-76622]
[DOCID:fr17de08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13052-000]

Green Wave Energy Solutions, LLC; Notice of Preliminary Permit
Applications Accepted for Filing and Soliciting Comment, Motions To
Intervene, and Competing Applications

December 9, 2008.
    On October 19, 2007, Green Wave Energy Solutions, LLC each filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Green Wave San Luis Obispo
Project, to be located on the Pacific Ocean in San Luis Obispo County,
California.
    The proposed Green Wave San Luis Obispo Project consists of: (1) 10
to 100 Pelamis or OPT devices having a total installed capacity of 100
megawatts, (2) a proposed 2- to 3-mile-long, 36 kilovolt transmission
line, and (3) appurtenant facilities. The project is estimated to have
an average annual generation of 250 gigawatt-hours, which would be sold
to a local utility.
    Applicant Contact: Mr. Wayne L. Burkamp, GreenWave Energy
Solutions, LLC: 1014 S. Westlake Blvd., Suite 14, PMB 138, Westlake
Village, CA 91361, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D.

Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For more information on how to
submit these types of filings please go to the Commission's Web site
located at http://www.ferc.gov/filing-comments.asp. More information
about this project can be viewed or printed on the ``eLibrary'' link of
the Commission's Web site at http://www.ferc.gov/docs-filing/
elibrary.asp. Enter the docket number (P-13052) in the docket number
field to access the document. For assistance, call toll-free 1-866-208-
3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-29855 Filed 12-16-08; 8:45 am]

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