[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]
[Page 53167-53174]
[DOCID:fr16oc09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0455(a); FRL-8969-9]

Approval and Promulgation of Air Quality Implementation Plans;
South Carolina; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
South Carolina State Implementation Plan (SIP) submitted by the State
of South Carolina through the South Carolina Department of Health and
Environmental Control on December 4, 2008. This revision addresses the
requirements of EPA's Clean Air Interstate Rule (CAIR) and the
transition of the State's Nitrogen Oxides (NOX) Budget
Trading Program to the State's CAIR NOX Ozone Season
Program. Although the District of Columbia Circuit Court (D.C. Circuit
Court) found CAIR to be flawed, the rule was remanded without vacatur
and thus remains in place. Thus, EPA is continuing to approve CAIR
provisions into SIPs as appropriate. CAIR, as promulgated, requires
states to reduce emissions of sulfur dioxide (SO2) and
NOX that significantly contribute to, or interfere with
maintenance of, the national ambient air quality standards (NAAQS) for
fine particulates and/or ozone in any downwind state. CAIR establishes
budgets for SO2 and NOX for states that
significantly contribute or interfere with maintenance and requires
such states to submit SIP revisions that implement these budgets.
States have the flexibility to choose which control measures to adopt
to achieve the budgets, including participation in EPA-administered
cap-and-trade programs

addressing SO2, NOX annual, and NOX
ozone season emissions. EPA is approving the full SIP revision, as
interpreted and clarified herein, as fully implementing the CAIR
requirements for South Carolina through participation in these cap-and-
trade programs. Consequently, this action will also cause the CAIR
Federal Implementation Plans (CAIR FIPs) concerning SO2,
NOX annual, and NOX ozone season emissions by
South Carolina sources to be automatically withdrawn.

DATES: This direct final rule will be effective November 30, 2009,
unless EPA receives adverse comments by November 16, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0455, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2009-0455, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0455. 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 through http://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. 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 electronic docket are listed in the
http:// www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Mr. Scofield can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. Analysis of South Carolina's CAIR SIP Submittal
    A. Elements of South Carolina's SIP Submittal
    B. State Budgets for Allowance Allocations
    C. CAIR Cap-and-Trade Programs
    D. Applicability Provisions
    E. NOX Allowance Allocations
    F. Allocation of NOX Allowances From Compliance
Supplement Pool
    G. Individual Opt-in Units
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking direct final action to approve the full SIP revision
submitted by South Carolina on December 4, 2008, as interpreted and
clarified herein, as meeting the applicable CAIR requirements by
requiring certain electric generating units (EGUs) to participate in
the EPA-administered CAIR cap-and-trade programs addressing
SO2, NOX annual, and NOX ozone season
emissions. This action also approves the addition of non-EGUs (from the
State's NOX Budget Trading Program) to the CAIR
NOX Ozone Season Trading Program. Since EPA will no longer
administer the NOX Budget Trading Program and the
requirements of that program are now addressed by the State's CAIR
NOX Ozone Season Program (Regulations 61-62.96, Subparts
AAAA through IIII), South Carolina chose to terminate the State's
NOX Budget Program (Regulation 61-62.96, Subparts A through
I), which was established to meet the requirements of the
NOX SIP Call. EPA is, therefore, approving provisions which
terminate the State's NOX Budget Trading Program (Regulation
61-62.96, Subparts A through I). As a consequence of the SIP approval,
the CAIR FIPs concerning SO2, NOX annual, and
NOX ozone season emissions for South Carolina are
automatically withdrawn. This notice deletes and reserves the
provisions in Part 52 that establish the CAIR FIPs for South Carolina
sources.
    On October 9, 2007, EPA approved an ``abbreviated SIP'' for South
Carolina, primarily consisting of rules governing allocation of
NOX allowances to EGUs for use in the trading programs
established pursuant to CAIR and rules allowing sources to opt into the
CAIR programs (72 FR 57209). The abbreviated SIP was implemented in

conjunction with a FIP for the State that specified requirements for
emissions monitoring, permit provisions, and other elements of CAIR
programs. EPA is now approving the addition of non-EGUs to the CAIR
NOX Ozone Season Trading Program and is issuing a ``full
SIP'' approval under which various CAIR implementation provisions will
be governed by State rules rather than FIP rules. EPA finds that South
Carolina's rules meet the applicable CAIR requirements by requiring
certain EGUs to participate in the EPA-administered CAIR cap-and-trade
programs addressing SO2, NOX annual and
NOX ozone season emissions and by requiring the non-EGUs
from the State's NOX Budget Trading Program to participate
in the CAIR program for NOX ozone season emissions.

II. What Is the Regulatory History of the CAIR and the CAIR FIPs?

    EPA published CAIR on May 12, 2005 (70 FR 25162). In this rule, EPA
determined that 28 states and the District of Columbia contribute
significantly to nonattainment and interfere with maintenance of the
NAAQS for fine particles (PM2.5) and/or 8-hour ozone in
downwind states in the eastern part of the country. As a result, EPA
required those upwind States to revise their SIPs to include control
measures that reduce emissions of SO2, which is a precursor
to PM2.5 formation, and/or NOX, which is a
precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements or budgets for NOX for the ozone season (May
1st to September 30th). Under CAIR, states may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8-hour
ozone and PM2.5 NAAQS. EPA made national findings, effective
on May 25, 2005, that the states had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3
years after the promulgation of the 8-hour ozone and PM2.5
NAAQS. These findings started a two-year clock for EPA to promulgate a
FIP to address the requirements of section 110(a)(2)(D). Under CAA
section 110(c)(1), EPA may issue a FIP anytime after such findings are
made and must do so within two years unless a SIP revision correcting
the deficiency is approved by EPA before the FIP is promulgated.
    On April 28, 2006, EPA promulgated FIPs for all states covered by
CAIR in order to ensure the emissions reductions required by CAIR are
achieved on schedule. The CAIR FIPs require EGUs to participate in the
EPA-administered CAIR SO2, NOX annual, and
NOX ozone season trading programs, as appropriate. The CAIR
FIP SO2, NOX annual, and NOX ozone
season trading programs impose essentially the same requirements as,
and are integrated with, the respective CAIR SIP trading programs. The
integration of the FIP and SIP trading programs means that these
trading programs will work together to effectively create a single
trading program for each regulated pollutant (SO2,
NOX annual, and NOX ozone season) in all states
covered by the CAIR FIP or SIP trading program for that pollutant.
Further, as provided in a rule published by EPA on November 2, 2007, a
State's CAIR FIP is automatically withdrawn when EPA approves a SIP
revision, in its entirety and without any conditions, as fully meeting
the requirements of CAIR. Where only portions of the SIP revision are
approved, the corresponding portions of the FIP are automatically
withdrawn, and the remaining portions of the FIP stay in place.
Finally, the CAIR FIPs also allow states to submit abbreviated SIP
revisions that, if approved by EPA, will automatically replace or
supplement certain CAIR FIP provisions (e.g., the methodology for
allocating NOX allowances to sources in the State), while
the CAIR FIP remains in place for all other provisions.
    On April 28, 2006, EPA published two additional CAIR-related final
rules that added the States of Delaware and New Jersey to the list of
states subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues, without making any
substantive changes to the CAIR requirements. On October 19, 2007, EPA
amended the CAIR model trading rules and the CAIR FIPs to clarify the
definition of ``cogeneration unit'' and thus the applicability of the
CAIR trading programs to cogeneration units.
    EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the U.S. Court of Appeals for the DC Circuit issued
its decision to vacate and remand both CAIR and the associated CAIR
FIPs in their entirety. North Carolina v. EPA, 531 F.3d 836 (DC Cir.
Jul. 11, 2008). However, in response to EPA's petition for rehearing,
the Court issued an order remanding CAIR to EPA without vacating either
CAIR or the CAIR FIPs. North Carolina v. EPA, 550 F.3d 1176 (DC Cir.
Dec. 23, 2008). The Court thereby left CAIR in place in order to
``temporarily preserve the environmental values covered by CAIR'' until
EPA replaces it with a rule consistent with the Court's opinion. Id. at
1178. The Court directed EPA to ``remedy CAIR's flaws'' consistent with
its July 11, 2008 opinion, but declined to impose a schedule on EPA for
completing that action. Id. Therefore, CAIR and the CAIR FIP are
currently in effect in South Carolina.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires states to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
    The May 12, 2005, and April 28, 2006 CAIR rules provide model rules
that states must adopt (with certain limited changes, if desired) if
they want to participate in the EPA-administered trading programs. With
two exceptions, only states that choose to meet the requirements of
CAIR through methods that exclusively regulate EGUs are allowed to
participate in the EPA-administered trading programs. One exception is
for states that adopt the opt-in provisions of the model rules to allow
non-EGUs individually to opt into the EPA-administered trading
programs. The other exception is for states that include all non-EGUs
from their NOX SIP Call trading program in their CAIR
NOX ozone season trading program.

IV. What Are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA notes that all
states chose to meet the CAIR requirements by selecting an

option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. EPA provided states two approaches for
submitting and obtaining approval for CAIR SIP revisions implementing
that option. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, states may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of or in conjunction
with, as appropriate, the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
    A State submitting a full SIP revision may either adopt regulations
that are substantively identical to the model rules or incorporate by
reference the model rules. CAIR provides that states may only make
limited changes to the model rules if the states want to participate in
the EPA-administered trading programs. A full SIP revision may change
the model rules only by altering their applicability and allowance
allocation provisions to:
    1. Include all NOX SIP Call trading sources that are not
EGUs under CAIR in the CAIR NOX ozone season trading
program;
    2. Provide for State allocation of NOX annual or ozone
season allowances using a methodology chosen by the State;
    3. Provide for State allocation of NOX annual allowances
from the compliance supplement pool (CSP) using the State's choice of
allowed, alternative methodologies; or
    4. Allow units that are not otherwise CAIR units to opt
individually into the CAIR SO2, NOX annual, or
NOX ozone season trading programs under the opt-in
provisions in the model rules.
    An approved CAIR full SIP revision addressing EGUs' SO2,
NOX annual, or NOX ozone season emissions will
replace the CAIR FIP for that State for the respective EGU emissions.
As discussed above, EPA approval in full, without any conditions, of a
CAIR full SIP revision causes the CAIR FIPs to be automatically
withdrawn.

V. Analysis of South Carolina's CAIR SIP Submittal

A. Elements of South Carolina's SIP Submittal

    The rulemaking EPA completed on October 9, 2007 (72 FR 57209),
granting South Carolina abbreviated SIP approval, addressed annual and
ozone season NOX allocations and opt-in provisions. EPA is
today acting on South Carolina's full set of rules, submitted on
December 4, 2008, and constituting a full SIP that will supersede the
FIPs that are currently in effect in South Carolina. Although some
rules approved on October 9, 2007, have not changed, and thus arguably
need not be approved again, EPA is acting again on these rules in
conjunction with the remainder of South Carolina's rule for the
purposes of clarity and administrative convenience.

B. State Budgets for Allowance Allocations

    The CAIR NOX annual and ozone season budgets were
developed from historical heat input data for EGUs. Using these data,
EPA calculated annual and ozone season regional heat input values,
which were multiplied by 0.15 pounds per million British thermal unit
(lb/mmBtu) for phase 1, and 0.125 lb/mmBtu, for phase 2, to obtain
regional NOX budgets for 2009-2014 and for 2015 and
thereafter, respectively. EPA derived the State NOX annual
and ozone season budgets from the regional budgets using State heat
input data adjusted by fuel factors.
    The CAIR State SO2 budgets were derived by discounting
the tonnage of emissions authorized by annual allowance allocations
under the Acid Rain Program under title IV of the CAA. Under CAIR, each
allowance allocated in the Acid Rain Program for the years in phase 1
of CAIR (2010 through 2014) authorizes 0.50 ton of SO2
emissions in the CAIR trading program, and each Acid Rain Program
allowance allocated for the years in phase 2 of CAIR (2015 and
thereafter) authorizes 0.35 ton of SO2 emissions in the CAIR
trading program.
    In today's action, EPA is approving South Carolina's SIP revision
that adopts the budgets established for the State in CAIR. These
budgets are 32,662 tons for NOX annual emissions from 2009
through 2014, and 27,219 tons from 2015 and thereafter; 15,249 tons for
NOX ozone season emissions from 2009 through 2014, and
12,707 tons from 2015 and thereafter; and 57,271 tons for
SO2 annual emissions from 2010 through 2014, and 40,089 tons
from 2015 and thereafter. Additionally, because South Carolina has
chosen to include all non-EGUs in the State's NOX Budget
Trading Program, the CAIR NOX ozone season budget will be
increased annually by 3,479 tons to account for such NOX SIP
Call trading sources. This results in a total budget of 18,728 tons for
NOx ozone season emissions from 2009 through 2014 and 16,186 tons from
2015 and thereafter. South Carolina's SIP revision sets these budgets
as the total amounts of allowances available for allocation for each
year under the EPA-administered cap-and-trade programs.
    EPA notes that, in North Carolina, 531 F.3d at 916-21, the Court
determined, among other things, that the State SO2 and
NOX budgets established in CAIR were arbitrary and
capricious.\1\ However, as discussed above, the Court also decided to
remand CAIR but to leave the rule in place in order to ``temporarily
preserve the environmental values covered by CAIR'' pending EPA's
development and promulgation of a replacement rule that remedies CAIR's
flaws. North Carolina, 550 F.3d at 1178. EPA had indicated to the Court
that development and promulgation of a replacement rule would take
about two years. Reply in Support of Petition for Rehearing or
Rehearing en Banc at 5 (filed Nov. 17, 2008, in North Carolina v. EPA,
Case No. 05-1224, D.C. Cir.). The process at EPA of developing a
proposal that will undergo notice and comment and result in a final
replacement rule is ongoing. In the meantime, consistent with the
Court's orders, EPA is implementing CAIR by approving State SIP
revisions that are consistent with CAIR (such as the provisions setting
State SO2 and NOX budgets for the CAIR trading
programs) in order to temporarily preserve the environmental benefits
achievable under the CAIR trading programs.
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    \1\ The Court also determined that the CAIR trading programs
were unlawful (Id. at 906-8) and that the treatment of CAA title IV
allowances in CAIR was unlawful (Id. at 921-23). For the same
reasons that EPA is approving the provisions of South Carolina's SIP
revision that use the SO2 and NOX budgets set
in CAIR, EPA is also approving, as discussed below, South Carolina's
SIP revision to the extent the SIP revision adopts the CAIR trading
programs, including the provisions addressing applicability,
allowance allocations, and use of title IV allowances.
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C. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone-season model trading rules
both largely mirror the structure of the NOX SIP Call model
trading rule in 40 CFR Part 96, subparts A through I. While the
provisions of the NOX annual and ozone-season model rules
are similar, there are some differences. For example, the
NOX annual model rule (but not the NOX ozone
season model rule) provides for a CSP, which is discussed below and
under which allowances may be awarded for early reductions of
NOX annual emissions. As a further example, the
NOX ozone season model rule

reflects the fact that the CAIR NOX ozone season trading
program replaces the NOX SIP Call trading program after the
2008 ozone season and is coordinated with the NOX SIP Call
program. The NOX ozone season model rule provides incentives
for early emissions reductions by allowing banked, pre-2009
NOX SIP Call allowances to be used for compliance in the
CAIR NOX ozone-season trading program. In addition, states
have the option of continuing to meet their NOX SIP Call
requirement by participating in the CAIR NOX ozone season
trading program and including all their NOX SIP Call trading
sources in that program.
    The provisions of the CAIR SO2 model rule are also
similar to the provisions of the NOX annual and ozone season
model rules. However, the SO2 model rule is coordinated with
the ongoing Acid Rain SO2 cap-and-trade program under CAA
title IV. The SO2 model rule uses the title IV allowances
for compliance, with each allowance allocated for 2010-2014 authorizing
only 0.50 ton of emissions and each allowance allocated for 2015 and
thereafter authorizing only 0.35 ton of emissions. Banked title IV
allowances allocated for years before 2010 can be used at any time in
the CAIR SO2 cap-and-trade program, with each such allowance
authorizing 1 ton of emissions. Title IV allowances are to be freely
transferable among sources covered by the Acid Rain Program and sources
covered by the CAIR SO2 cap-and-trade program.
    EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for federal rather than state implementation. The CAIR model
SO2, NOX annual, and NOX ozone season
trading rules and the respective CAIR FIP trading rules are designed to
work together as integrated SO2, NOX annual, and
NOX ozone season trading programs.
    In the SIP revision, South Carolina chooses to implement its CAIR
budgets by requiring EGUs to participate in EPA-administered cap-and-
trade programs for SO2, NOX annual, and
NOX ozone season emissions. South Carolina adopted a full
SIP revision that adopts, with certain allowed changes discussed below,
the CAIR model cap-and-trade rules for SO2, NOX
annual, and NOX ozone season emissions. Finally, South
Carolina's rules provide that non-EGUs that were required to
participate in the NOx Budget Trading Program must participate in the
CAIR NOX Ozone Season Trading Program.

 D. Applicability Provisions

    In general, the CAIR model trading rules apply to any stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion
turbine serving at any time, since the later of November 15, 1990, or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 megawatt electrical (MWe) producing
electricity for sale.
    States have the option of bringing in, for the CAIR NOX
ozone season program only, those units in the State's NOX
SIP Call trading program that are not EGUs as defined under CAIR. Under
this option, the CAIR NOX ozone season program must cover
all large industrial boilers and combustion turbines, as well as any
small EGUs (i.e. units serving a generator with a nameplate capacity of
25 MWe or less) that the State currently requires to be in the
NOX SIP Call trading program.
    South Carolina chose to expand the applicability provisions of the
CAIR NOX ozone season trading program to include all non-
EGUs in the State's NOX SIP Call trading program.
Additionally, South Carolina has initiated rulemaking to revise the
applicability section in its CAIR NOX ozone season rule in
order to clarify that, as intended by the State, all non-EGUs subject
to its NOX Budget Trading Program are brought into its CAIR
NOx ozone season trading program and are to be treated as CAIR
NOX ozone season units and that certain definitions (such as
the definition of ``fossil-fuel-fired'') from Regulation 61-62.96,
Subparts A through I apply to the applicability provisions that bring
these units into the CAIR program. EPA determined after review of South
Carolina's CAIR rules, including the amended rules submitted on
December 4, 2008, that these provisions need clarification. However,
while the clarifications are needed, EPA interprets South Carolina's
current rules to provide that all non-EGUs covered by the State's NOx
Budget Trading Program are subject to the requirements for CAIR
NOX ozone season units and that the NOX Budget
Trading Program definitions are used in applying the applicability
provisions that bring in those non-EGUs.
    South Carolina has also initiated rulemaking to further revise the
definitions of ``commence commercial operation'' and ``commence
operation'' in its CAIR NOX ozone season rule in order to
clarify that, for non-EGUs brought into the CAIR trading program, those
definitions shall be consistent with the corresponding definitions in
the NOx SIP Call model trading rule (40 CFR 96.2). EPA determined after
review of South Carolina's CAIR rules that these provisions needed
clarification.
    EPA received a letter from South Carolina dated October 8, 2009,
concurring with EPA's interpretation of the current applicability
provisions concerning non-EGUs and provides a commitment to make these
revisions in its CAIR rules. In the October 8, 2009, letter, South
Carolina commits to make the revisions discussed above to its CAIR
NOX Ozone Season trading rule, Regulation 61-62.96. However,
while the clarifications are needed, EPA interprets South Carolina's
current rules to apply to non-EGUs the definitions in 40 CFR 96 of
these terms.
    Finally, as discussed above, EPA amended the definition of
``cogeneration unit'' in CAIR on October 19, 2007. South Carolina's SIP
revision incorporates by reference the definitions in the CAIR model
trading rules as of October 19, 2007, consistent with the change.

E. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the
CAIR model trading rules and in the CAIR FIP, NOX annual and
ozone season allowances are allocated to units that have operated for
five years, based on heat input data from a three-year period that are
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR
FIP also provide a new unit set-aside from which units without five
years of operation are allocated allowances based on the units' prior
year emissions.
    States may establish in their SIP submissions a different
NOX allowance allocation methodology that will be used to
allocate allowances to sources in the states if certain requirements
are met concerning the timing of submission of units' allocations to
the Administrator for recordation and the total amount of allowances
allocated for each control period. In adopting alternative
NOX allowance allocation methodologies, states have
flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    South Carolina chose to distribute NOX annual and
NOX ozone season allowances with its own methodology. South
Carolina chose to distribute NOX

allowances by largely adopting, with certain revisions, the CAIR
NOX annual and CAIR NOX ozone season trading
program model rule provisions. The State's NOX ozone season
allocation provisions have been further modified to add requirements
associated with South Carolina's option to bring its non-EGUs into the
CAIR NOX ozone season trading program. Specifically, the
State chose to distribute CAIR NOX ozone season allowances
to non-EGU's in accordance with South Carolina's Regulation 61-
62.96.342(e). Additionally, South Carolina chose to allocate in four-
year blocks of time rather than adding one additional year of
allowances each year. EPA finds these modifications consistent with the
flexibility given to states in CAIR.
    In South Carolina's Regulation 61-62.96, Subparts FF and FFFF, the
State largely incorporates by reference the model rule language for
allowance recordation and adopts a minor modification to Sections
96.153(c) and 96.353(c). The timing for recordation of allowances by
EPA in the recordation schedules, as referenced and modified, do not
exactly match the timing for the State's submission to EPA of allowance
allocations as set forth in Sections 96.141(b) and 96.341(b) for
existing units. EPA interprets, and South Carolina confirms in a letter
dated October 8, 2009, that the allowance recordation should occur in 4
year blocks every four years to match up with the allocation
submissions to EPA. In other words, EPA will record allowance
allocations for existing sources by December 1 of the year in which the
allocations are determined by the State and submitted to EPA. South
Carolina commits in its October 8, 2009, letter to revise its CAIR
rules to make the allowance and recordation dates match.

F. Allocation of NOX Allowances From Compliance Supplement
Pool

    The CAIR establishes a CSP to provide an incentive for early
reductions in NOX annual emissions. The CSP consists of
200,000 CAIR NOX annual allowances of vintage 2009 for the
entire CAIR region, and a State's share of the CSP is based upon the
projected magnitude of the emission reductions required by CAIR in that
State. States may distribute CSP allowances, one allowance for each ton
of early reduction, to sources that make NOX reductions
during 2007 or 2008 beyond what is required by any applicable State or
Federal emission limitation. States also may distribute CSP allowances
based upon a demonstration of need for an extension of the 2009
deadline for implementing emission controls.
    The CAIR annual NOX model trading rule establishes
specific methodologies for allocations of CSP allowances. States may
choose an allowed, alternative CSP allocation methodology to be used to
allocate CSP allowances to sources in the states.
    Consistent with the flexibility given to states in the model
trading rule, South Carolina has chosen to modify the provisions of the
CAIR NOX annual model trading rule concerning the allocation
of allowances from the CSP. South Carolina has chosen to distribute CSP
allowances by essentially adopting the CAIR NOX annual CSP
provisions in the model rule at 40 CFR 96.143.

G. Individual Opt-in Units

    The opt-in provisions of the CAIR SIP model trading rules allow
certain non-EGUs (i.e., boilers, combustion turbines, and other
stationary fossil-fuel-fired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowance-holding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The opt-in
provisions provide for two methodologies for allocating allowances for
opt-in units, one methodology that applies to opt-in units in general
and a second methodology that allocates allowances only to opt-in units
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions at all.
    Consistent with the flexibility given to states in the FIPs, South
Carolina has chosen to allow non-EGUs meeting the requirements in the
CAIR model trading rule's opt-in provisions to participate in the CAIR
NOX annual, NOX ozone season, and SO2
trading programs. The South Carolina rule allows for both of the opt-in
allocation methods as specified in the CAIR model rules.

VI. Final Action

    EPA is approving, as interpreted and clarified herein, South
Carolina's full CAIR SIP revision submitted on December 4, 2008. Under
the approved SIP revision, South Carolina is providing for continued
participation in the EPA-administered CAIR cap-and-trade programs for
SO2, NOX annual, and NOX ozone season
emissions. The SIP revision, as interpreted and clarified herein, meets
the applicable requirements of CAIR, which are set forth in 40 CFR
51.123(o) and (aa), with regard to NOX annual and
NOX ozone season emissions, and 40 CFR 51.124(o), with
regard to SO2 emissions. EPA is also approving provisions
that terminate the State's NOX Budget Trading Program
(Regulation 61-62.96, Subparts A through I) because those requirements
are now addressed by the CAIR NOX ozone season trading
program, as clarified herein. In accordance with 40 CFR 52.35 and
52.36, as an automatic consequence of the approval of South Carolina's
full SIP revision, EPA is also withdrawing the CAIR FIPs for
SO2, NOX annual, and NOX ozone season
emissions for South Carolina sources.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve South Carolina's SIP
revision if adverse written comments on this direct final rule are
filed. This direct final rule will be effective on November 30, 2009
without further notice unless we receive relevant adverse written
comments by November 16, 2009. If EPA receives such comments, EPA will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective November 30, 2009. EPA also notes that, if an adverse comment
is timely received, that may be insufficient time for EPA to respond
and issue a subsequent final rule before the 2009 compliance deadline
(November 30, 2009) for the CAIR NOX ozone season trading
program. In that event, EPA may determine that the

applicability provisions of that trading program cannot be expanded for
2009 to include non-EGUs and that non-EGUs cannot be allocated CAIR
NOX ozone season allowances for 2009.

VII. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this final 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 30, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Electric
utilities, Intergovernmental relations, Incorporation by Reference,
Carbon monoxide, Nitrogen oxides, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur dioxide.

    Dated: October 9, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:

PART 52--[AMENDED]

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

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

Subpart PP--South Carolina

0
2. Section 52.2120(c) is amended by revising the entry for ``Regulation
No. 62.96: to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                                                  Air Pollution Control Regulations for South Carolina
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                        Title/subject                State effective date      EPA approval date       Federal register notice
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Regulation No. 62.96...............  Nitrogen Oxides (NOX) and Sulfur       10/24/2009.............  10/16/2009.............  [Insert citation of
                                      Dioxide (SO2) Budget Trading Program                                                     publication]
                                      General Provisions.

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

* * * * *
[FR Doc. E9-25055 Filed 10-15-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 19, 2007 (Volume 72, Number 52)]
[Notices]
[Page 12853-12854]
[DOCID:fr19mr07-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55448; File No. SR-NYSE-2007-20]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delete From Section 804.00 of the Exchange's Listed Company Manual Text
That Has Been Superseded

March 12, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 22, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes as described in Items I and
II below, which items have been substantially prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule changes from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 804.00 of the Exchange's
Listed Company Manual (``Manual'') to delete the rule text which
applied prior to the implementation of the revised text of Section
804.00 on April 24, 2006. The text of the proposed rule change is
available on the Exchange's Web site (http://www.nyse.com), at the

Exchange's Office of the Secretary, 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 these statements may be examined at
the places specified in Item IV below. The NYSE has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange proposes to amend Section 804.00 of the Exchange's
Manual to delete the rule text which applied prior to the
implementation of the revised text of Section 804.00 on April 24, 2006.
On July 14, 2005, the Commission adopted amendments to Rule 12d2-2
under the Act.\3\ Rule 12d2-2, as amended, required, among other
things, all national securities exchanges, including the Exchange, to
amend their delisting rules to conform with certain requirements set
forth in amended Rule 12d2-2. The Exchange amended Section 804.00 in
light of these requirements and its new delisting procedures superseded
the old procedures on April 24, 2006. As such, the old procedures have
no further application and, to avoid confusion, the Exchange proposes
to delete them from Section 804.00 in their entirety.
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    \3\ 17 CFR 240.12d2-2. See Securities Exchange Act Release No.
52029 (July 14, 2005), 70 FR 42456 (July 22, 2005).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) of the Act \4\ that an exchange
have rules that are designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to, and perfect the mechanism of a free and open
market and, in general, to protect investors and the public interest.
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    \4\ 15 U.S.C. 78f(b)(5).

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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.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
by its terms, become operative for 30 days from the date on which it
was filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \5\ and
Rule 19b-4(f)(6) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \7\ 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 requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Specifically, the
Commission believes that the proposal should provide clarity to the
Exchange's Manual by deleting obsolete rule text. Accordingly, the
Commission designates the proposal to be effective and operative upon
filing with the Commission.\8\
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    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such proposed rule change
if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-20. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. 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; 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-NYSE-2007-20 and should be submitted on or before April
9, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-4895 Filed 3-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12889-12892]
[FR Doc No: 2021-04387]

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

40 CFR Part 52

[EPA-R09-OAR -2021-0134; FRL-10020-93-Region 9]

Air Plan Approval; Arizona; Pinal County Air Quality Control
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Pinal County Air Quality Control District
(PCAQCD or District) portion of the Arizona State Implementation Plan
(SIP). These revisions concern the District's negative declarations for
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the portion of the Phoenix-Mesa ozone nonattainment
area under the jurisdiction of the PCAQCD and two volatile organic
compound (VOC) rules covering gasoline dispensing and surface coating
operations. We are proposing to approve local rules to regulate these
emission sources under the Clean Air Act (CAA or the Act). We are
taking comments on this proposal and plan to follow with a final
action.

DATES: Comments must be received on or before April 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0134 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit

https://www.epa.gov/dockets/commenting-epa-dockets. If you need
assistance in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

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

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. The EPA's Recommendations to Further Improve the Submitted
Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the
dates that they were amended by the local air agency and submitted by
the Arizona Department of Environmental Quality (ADEQ).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency          Rule title         Amended        Submitted
------------------------------------------------------------------------
PCAQCD................  Reasonably              8/5/2020       8/20/2020
                         Available
                         Control
                         Technology
                         (RACT)
                         Analysis,
                         Negative
                         Declaration and
                         Rules Adoption--
                         Appendix B:
                         Additional
                         Negative
                         Declarations.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         Article 13
                         Surface Coating
                         Operations.
                        5-13-100,
                         ``General''.
                        5-13-200,
                         ``Definitions''.
                        5-13-300,
                         ``Standards''.
                        5-13-400,
                         ``Administrativ
                         e
                         Requirements''.
                        5-13-500,
                         ``Monitoring
                         and Records''.
PCAQCD................  Chapter 5,              8/5/2020       8/20/2020
                         Article 20
                         Storage and
                         Loading of
                         Gasoline at
                         Gasoline
                         Dispensing
                         Facilities.
                        5-20-100
                         ``General''.
                        5-20-200
                         ``Definitions''.
                        5-20-300
                         ``Standards''.
                        5-20-400
                         ``Administrativ
                         e
                         Requirements''.
                        5-20-500
                         ``Monitoring
                         and Records''.
------------------------------------------------------------------------

    On September 14, 2020, the EPA determined that the submittal for
PCAQCD's negative declarations and two rules met the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.

B. Are there other versions of these documents?

    We approved earlier versions of the two rules, Article 13 Surface
Coating Operations and Article 20 Storage and Loading of Gasoline at
Gasoline Dispensing Facilities, into the SIP on August 9, 2019 (84 FR
39196). The PCAQCD adopted revisions to the SIP-approved version on
August 5, 2020, and ADEQ submitted them to us on August 20, 2020. If we
take final action to approve the August 5, 2020 versions of the two
rules, these versions will replace the previously approved versions of
these rules in the SIP.
    We approved portions of the RACT SIP and negative declarations on
August 9, 2019 (84 FR 39196). The PCAQCD adopted additional negative
declarations on August 5, 2020, and ADEQ submitted them to us on August
20, 2020.

C. What is the purpose of the submitted documents?

    Emissions of VOCs and oxides of nitrogen (NOX)
contribute to the production of ground-level ozone, smog and
particulate matter (PM), which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC and NOX emissions. Sections 182(b)(2) and (f)
require that SIPs for ozone nonattainment areas classified as Moderate
or above implement RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX. The PCAQCD is subject to this requirement as it
regulates the Pinal County portion of the Phoenix-Mesa ozone
nonattainment area that is currently designated and classified as a
Moderate nonattainment area for the 2008 8-hour ozone NAAQS. Therefore,
the PCAQCD must, at a minimum, adopt RACT-level controls for all
sources covered by a CTG document and for all major non-CTG sources of
VOCs or NOX within the ozone nonattainment area that it
regulates. Any stationary source that emits or has the potential to
emit at least 100 tons per year (tpy) of VOCs or NOX is a
major stationary source in a Moderate ozone nonattainment area (CAA
section 182(b)(2), (f) and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT
requirements. It states in part that RACT SIPs must contain adopted
RACT regulations, certifications where appropriate that existing
provisions are RACT, and/or negative declarations that no sources in
the nonattainment area are covered by a specific CTG. Id. at 12278. It
also provides that states must submit appropriate supporting
information for their RACT submissions as described in the EPA's
implementation rule for the 1997 ozone NAAQS. See Id. and 70 FR 71612,
71652 (November 29, 2005). The submitted negative declarations provide
PCAQCD's analyses of its compliance with the CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. PCAQCD also adopted and
submitted for SIP approval the following two rules.
    Chapter 5, Article 13 is a rule that establishes VOC content limits
for surface coating operations in the Pinal County portion of the
Phoenix-Mesa 8-hour ozone nonattainment area. It contains: Definitions;
VOC content limits; various partial exemptions; requirements for
coating application

methods, cleanup of application equipment, work practices for the
handling, disposal, and storage of VOC containing materials, and
emission control systems; and requirements for monitoring, testing, and
recordkeeping.
    Chapter 5, Article 20 is a rule that establishes limits for VOC
emissions from gasoline during storage and loading of gasoline at
gasoline dispensing facilities. It contains: Definitions; various
exemptions; requirements for vapor recovery equipment, general
housekeeping, gasoline storage equipment, and gasoline loading
operations; and requirements for monitoring, testing, and
recordkeeping.
    EPA's technical support documents (TSDs) have more information
about the District's negative declarations, rules, and the EPA's
evaluations thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must require RACT for each category of sources covered by
a CTG document as well as each major source of VOCs or NOX
in ozone nonattainment areas classified as Moderate or above (CAA
section 182(b)(2)). The PCAQCD regulates a Moderate ozone nonattainment
area (40 CFR 81.303) so the District's rules must implement RACT.
    States must submit for SIP approval negative declarations for those
source categories for which they have not adopted CTG-based regulations
(because they have no sources above the CTG-recommended applicability
threshold) regardless of whether such negative declarations were made
for an earlier SIP.\1\ To do so, the submittal should provide
reasonable assurance that no sources subject to the CTG requirements
currently exist in the portion of the ozone nonattainment area that is
regulated by the PCAQCD.
---------------------------------------------------------------------------

    \1\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule, or submit a negative declaration that no such sources
exist in the part of the nonattainment area that is within the
District. In addition, for each CTG source category, the District must
either demonstrate that a RACT-level rule is in place, or submit a
negative declaration. Guidance and policy documents that we use to
evaluate CAA section 182 RACT requirements include the following:

    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC
& Other Rule Deficiencies,'' August 21, 2001 (``the Little
Bluebook'').
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,'' (the NOX
Supplement), 57 FR 55620, (November 25, 1992).
    5. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient
Air Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).

    Rules that are submitted for inclusion into the SIP must be
enforceable (CAA section 110(a)(2)), must not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements (CAA section 110(l)), and must not modify
certain SIP control requirements in nonattainment areas without
ensuring equivalent or greater emissions reductions (CAA section 193).
    In addition to the documents listed above, guidance and policy
documents that we use to evaluate enforceability, stringency, and
revision/relaxation requirements include the following:
    1. ``Design Criteria for Stage I Vapor Control Systems--Gasoline
Service Stations,'' EPA-450/R-75-102, November 1975.
    2. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' EPA-450/2-78-015, June 1978.
    3. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA 453/R-08-003, September 2008.
    4. ``Model Volatile Organic Compound Rules for Reasonably Available
Control Technology,'' June 1992.
    5. Memorandum dated March 17, 2011, from Scott Mathias, Interim
Director, Air Quality Policy Division, U.S. EPA to Regional Air
Division Directors, Subject: ``Approving SIP Revisions Addressing VOC
RACT Requirements for Certain Coatings Categories.''

B. Do the documents meet the evaluation criteria?

    These rules meet CAA requirements and are consistent with relevant
guidance regarding enforceability, RACT, and SIP revisions. After
reviewing PCAQCD's list of Title V permitted facilities, we have also
determined the negative declarations adopted by PCAQCD are correct. The
TSDs have more information on our evaluation.

C. The EPA's Recommendations to Further Improve the Submitted Rules

    The TSDs include recommendations for the next time the local agency
modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules and negative declarations because
they fulfill all relevant requirements. We will accept comments from
the public on this proposal until April 5, 2021. If we take final
action to approve the submitted rules and negative declarations, our
final action will incorporate these rules into the federally
enforceable SIP. Our final approval of the submitted rules and negative
declarations would correct all of the deficiencies identified in our
August 9, 2019 partial approval, partial disapproval and limited
approval, limited disapproval of PCAQCD's RACT SIP submittal for the
2008 8-hour ozone NAAQS (84 FR 39196).

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the two PCAQCD rules described in Table 1 of this preamble.
The EPA has made, and will continue to make, these materials available
through https://www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the

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

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04387 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Notices]
[Page 54179]
[DOCID:fr18se08-86]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Form N-2; SEC File No. 270-21; OMB Control No. 3235-0026.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The title for the collection of information is ``Form N-2 (17 CFR
239.14 and 274.11a-1) under the Securities Act of 1933 and under the
Investment Company Act of 1940, Registration Statement of Closed-End
Management Investment Companies.'' Form N-2 is the form used by closed-
end management investment companies (``closed-end funds'') to register
as investment companies under the Investment Company Act of 1940 (15
U.S.C. 80a-1 et seq.) (``Investment Company Act'') and to register
their securities under the Securities Act of 1933 (15 U.S.C. 77a et
seq.) (``Securities Act''). The primary purpose of the registration
process is to provide disclosure of financial and other information to
investors and potential investors for the purpose of evaluating an
investment in a security. Form N-2 also permits closed-end funds to
provide investors with a prospectus containing information required in
a registration statement prior to the sale or at the time of
confirmation of delivery of securities. The form also may be used by
the Commission in its regulatory review, inspection, and policy-making
roles.
    The Commission estimates that there are 140 initial registration
statements and 60 post-effective amendments to initial registration
statements filed on Form N-2 annually and that the average number of
portfolios referenced in each initial filing and post-effective
amendment is 1. The Commission further estimates that the hour burden
for preparing and filing a post-effective amendment on Form N-2 is
116.5 hours per portfolio. The total annual hour burden for preparing
and filing post-effective amendments is 6,990 hours (60 post-effective
amendments x 1 portfolios x 116.5 hours per portfolio). The estimated
annual hour burden for preparing and filing initial registration
statements is 79,478 hours (140 initial registration statements x 1
portfolios x 567.7 hours per portfolio). The total annual hour burden
for Form N-2, therefore, is estimated to be 86,468 hours (6,990 hours +
79,478 hours).
    The information collection requirements imposed by Form N-2 are
mandatory. Responses to the collection of information will not be kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: September 10, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21764 Filed 9-17-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33514-33515]
[FR Doc No: 2015-14387]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER15-1067-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-06-05_MMTG RTO Adder
Compliance Supplement to be effective 6/16/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5070.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1410-002.
    Applicants: San Diego Gas & Electric Company.
    Description: Compliance filing per 35: Compliance Filing Appendix X
Formula of TO Tariff to be effective 6/1/2015.
    Filed Date: 6/4/15.
    Accession Number: 20150604-5154.
    Comments Due: 5 p.m. ET 6/25/15.

    Docket Numbers: ER15-1496-001.
    Applicants: 2014 ESA Project Company, LLC.
    Description: Tariff Amendment per 35.17(b): 2014 ESA Project
Company, LLC--Supplemental MBR Filing to be effective 6/4/2015.
    Filed Date: 6/4/15.
    Accession Number: 20150604-5176.
    Comments Due: 5 p.m. ET 6/18/15.

    Docket Numbers: ER15-1858-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Cert of
Concurrence ANPP IA APS, LADWP, El Paso, PSC Nex Mexico, SRP, SCPPA,
SCE to be effective 5/21/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5007.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1859-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2900R3
KMEA NITSA NOA to be effective 6/1/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5069.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1860-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Transmission Service Agreement Nos. 218 and 267 to be effective 9/16/
2010.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5079.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1861-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): OATT
Service Agreements to be effective 9/16/2010.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5080.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1862-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): OATT
Service Agreements to be effective 8/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5081.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1863-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
SA No. 3237; Queue No. W4-093 to be effective 7/6/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5082.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1864-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Infigen
Energy US Development LGIA Filing to be effective 5/26/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5106.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1865-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Cancelled Service Agreements to be effective 8/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5107.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1866-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination Filing--
Efficiency Maine Trust.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5111.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1867-000
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination--Direct
Energy Business Marketing, LLC.

    Filed Date: 6/5/15.
    Accession Number: 20150605-5112.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1868-000.
    Applicants: Montour, LLC.
    Description: Compliance filing per 35: Succession Notice &
Certification of Concurrance--Conemaugh to be effective 6/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5116.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1869-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
WMPA SA No. 3204; Queue W3-149 to be effective 7/6/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5118.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1870-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 1065R4
Tex-La Electric Cooperative of Texas NITSA and NOA to be effective 6/1/
2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5120.
    Comments Due: 5 p.m. ET 6/26/15.
    Docket Numbers: ER15-1871-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Service
Agreement Nos. 344 and 345, Agreements with CSE and S&R to be effective
5/12/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5122.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1872-000.
    Applicants: Montour, LLC.
    Description: Compliance filing per 35: Succession Notice &
Certification of Concurrance--Keystone to be effective 6/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5127.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1873-000.
    Applicants: Buckeye Wind Energy LLC.
    Description: Initial rate filing per 35.12 Application for Market-
Based Rate Authorization to be effective 8/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5141.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1873-001.
    Applicants: Buckeye Wind Energy LLC.
    Description: Tariff Amendment per 35.17(b): Supplement to Market-
Based Rate Application to be effective 8/5/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5148.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1874-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Revisions to PJM-MISO JOA Attachment 3 re 35% Flowgates to be effective
8/4/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5146.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1875-000.
    Applicants: California Independent System Operator Corp.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
06-05 Commitment Cost Enhancements Phase 2 to be effective 9/15/2015.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5147.
    Comments Due: 5 p.m. ET 6/26/15.

    Docket Numbers: ER15-1876-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
06-05_SA 6507 White Pine 1 SSR Agr Unanticipated Repairs to be
effective 6/1/2016.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5150.
    Comments Due: 5 p.m. ET 6/26/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-32-000
    Applicants: Duquesne Light Company
    Description: Application of Duquesne Light Company Pursuant to
Section 204 of the Federal Power Act for an Order Authorizing the
Issuance of Short-Term Indebtedness.
    Filed Date: 6/5/15.
    Accession Number: 20150605-5151.
    Comments Due: 5 p.m. ET 6/26/15.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH15-15-000.
    Applicants: Starwood Energy Group Global, L.L.C.
    Description: Starwood Energy Group Global, L.L.C. submits FERC 65-B
Material Change in Facts of Waiver Notification.
    Filed Date: 6/4/15.
    Accession Number: 20150604-5211.
    Comments Due: 5 p.m. ET 6/25/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 5, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-14387 Filed 6-11-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Rules and Regulations]
[Pages 33308-33309]
[FR Doc No: 2012-13684]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0063]

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zones for annual
firework displays in the Captain of the Port, Puget Sound area of
responsibility during the dates and times noted below. This action is
necessary to prevent injury and to protect life and property of the
maritime public from the hazards associated with the firework displays.
During the enforcement periods, entry into, transit through, mooring,
or anchoring within these zones is prohibited unless authorized by the
Captain of the Port, Puget Sound or Designated Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced during the
dates and times noted below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email ENS Anthony P. LaBoy, Sector Puget Sound Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones established for Annual Fireworks Displays within the Captain of
the Port, Puget Sound Area of Responsibility in 33 CFR 165.1332 during
the dates and times noted below.
    The following safety zone will be enforced from 5:00 p.m. on June
30, 2012 through 1:00 a.m. on July 1, 2012:

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Langlie's Old Fashioned        Indianola........  47[deg]44.817' N       122[deg]31.533' W      250 yds.
 Independence Celebration.
----------------------------------------------------------------------------------------------------------------

    The following safety zones will be enforced from 5:00 p.m. on July
3, 2012 through 1:00 a.m. on July 4, 2012:

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Liberty Bay Fireworks........  Liberty Bay......  47[deg]43.917' N       122[deg]39.133' W      300 yds.
Alderbrook Resort & Spa        Hood Canal.......  47[deg]21.033' N       122[deg]13.233' W      350 yds.
 Fireworks.
Deer Harbor Annual Fireworks   Deer Harbor......  48[deg]37.000' N       123[deg]00.250' W      150 yds.
 Display.
----------------------------------------------------------------------------------------------------------------

    The following safety zones will be enforced from 5:00 p.m. on July
4, 2012 through 1:00 a.m. on July 5, 2012.

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Port Angeles Chamber of        Port Angeles       48[deg]07.033' N       123[deg]24.967' W      300 yds.
 Commerce.                      Harbor.
Sheridan Beach Community.....  Lake Forest Park.  47[deg]44.783' N       122[deg]16.917' W      200 yds.
Brewster Fire Department       Brewster.........  48[deg]06.367' N       119[deg]47.15' W       250 yds.
 Fireworks.
City of Mount Vernon           Edgewater Park...  48[deg]25.178' N       122[deg]20.424' W      150 yds.
 Fireworks.
Tacoma Freedom Fair..........  Commencement Bay.  47[deg]16.817' N       122[deg]27.933' W      300 yds.
City of Renton Fireworks.....  Renton, Lake       47[deg]30.386' N       122[deg]12.502' W      150 yds.
                                Washington.
Des Moines Fireworks.........  Des Moines.......  47[deg]24.117' N       122[deg]20.033' W      150 yds.
Vashon Island Fireworks......  Quartermaster      47[deg]24.0' N         122[deg]27.0' W        450 yds.
                                Harbor.
City of Kenmore Fireworks....  Lake Forest Park.  47[deg]45.25' N        122[deg]15.75' W       300 yds.
Yarrow Point Community.......  Yarrow Point.....  47[deg]38.727' N       122[deg]13.466' W      150 yds.
Kirkland Fireworks...........  Kirkland, Lake     47[deg]40.583' N       122[deg]12.84' W       250 yds.
                                Washington.
Three Tree Point Community     Three Tree Point.  47[deg]27.033' N       122[deg]23.15' W       200 yds.
 Fireworks.
Kingston Fireworks...........  Appletree Cove...  47[deg]47.65' N        122[deg]29.917' W      150 yds.
Bainbridge Island Fireworks..  Eagle Harbor.....  47[deg]37.142' N       122[deg]30.397' W      300 yds.
City of Anacortes Fireworks..  Fidalgo Bay......  48[deg]30.016' N       122[deg]36.154' W      350 yds.
Chase Family Fourth at Lake    Lake Union.......  47[deg]38.418' N       122[deg]20.111' W      300 yds.
 Union.
Port Townsend Sunrise Rotary.  Port Townsend....  48[deg]08.413' N       122[deg]45.531' W      200 yds.
Friday Harbor Independence     Friday Harbor....  48[deg]32.600' N       122[deg]00.467' W      250 yds.
 Day Fireworks.
Steilacom Independence Day     Steilacom Bay....  47[deg]10.400' N       122[deg]36.200' W      350 yds.
 Fireworks.
Port Orchard Independence Day  Port Orchard Bay.  47[deg]32.883' N       122[deg]37.917' W      350 yds.
 Fireworks.
East Sound Independence Day    Orcas Island.....  48[deg]41.317' N       122[deg]54.467' W      150 yds.
 Fireworks.
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5:00 p.m. on July
7, 2012 through 1:00 a.m. on July 8, 2012:

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Mercer Island Celebration....  Mercer Island....  47[deg]35.517' N       122[deg]13.233' W      450 yds.
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5:00 p.m. on July
27, 2012 through 1:00 a.m. on July 28, 2012:

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Whaling Days.................  Dyes Inlet.......  47[deg]38.65' N        122[deg]41.35' W       450 yds.
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5:00 p.m. on August
11, 2012 through 1:00 a.m. on August 12, 2012:

----------------------------------------------------------------------------------------------------------------
          Event name                Location             Latitude              Longitude             Radius
----------------------------------------------------------------------------------------------------------------
Medina Days..................  Medina Park......  47[deg]36.867' N       122[deg]14.5' W        300 yds.
----------------------------------------------------------------------------------------------------------------

    The special requirements listed in 33 CFR 165.1332, which can be
found in the Federal Register (75 FR 33698) published on June 15, 2010,
apply to the activation and enforcement of these safety zones.
    All vessel operators who desire to enter the safety zone must
obtain permission from the Captain of the Port or Designated
Representative by contacting either the on-scene patrol craft on VHF Ch
13 or Ch 16 or the Coast Guard Sector Puget Sound Joint Harbor
Operations Center (JHOC) via telephone at<PHONE_NUMBER>.
    The Coast Guard may be assisted by other Federal, State, or local
law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.1332 and 5
U.S.C. 552(a). In addition to this notice, the Coast Guard will provide
the maritime community with extensive advanced notification of the
safety zones via the Local Notice to Mariners and marine information
broadcasts on the day of the events.

    Dated: May 22, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-13684 Filed 6-5-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60831]
[DOCID:fr01oc10-107]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation C; OMB Control No. 3235-0074; SEC File No. 270-68.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget the request for extension of the previously approved
collection of information discussed below.
    Regulation C (17 CFR 230.400 through 230.498) provides standard
instructions to guide persons when filing registration statements under
the Securities Act of 1933 (15 U.S.C. 77a et seq.). The information
collected is intended to ensure the adequacy of information available
to investors in the registration of securities. The information
provided is mandatory. Regulation C is assigned one burden hour for
administrative convenience because it does not directly impose
information collection requirements.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503; or send an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Jeffrey Heslop, Director/CIO, Securities
and Exchange Commission, C/O Remi Pavlik-Simon, 6432 General Green Way,
Alexandria, VA 22312; or send an e-mail to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: September 27, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24650 Filed 9-30-10; 8:45 am]
BILLING CODE 8010-01-P