[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61587-61592]
[FR Doc No: 2012-24851]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1-000.
    Applicants: KO Transmission Company.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5010.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-2-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Fuel Filing on 10-1-12 to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5033.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-3-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: 2012 Fuel Tracker Filing to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5034.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-4-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Fuel Filing on 10-1-12 to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5035.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-5-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: NAESB 587-V Compliance Filing (RM96-1-037) to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5036.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-6-000.
    Applicants: Southwest Gas Storage Company.
    Description: Fuel Filing on 10-1-2012 to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5037.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-7-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5038.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-8-000.
    Applicants: Panther Interstate Pipeline Energy, LLC.
    Description: Panther Order No. 587-V Compliance Filing to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5039.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-9-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5041.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-10-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: NAESB 2.0 587-V compliance filing to be effective 11/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5042.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-11-000.
    Applicants: Southwest Gas Storage Company.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5043.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-12-000.
    Applicants: Gulf South Pipeline Company, LP.

    Description: Order 587-V compliance filing (NAESB V2.0) to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5044.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-13-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5045.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-14-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5046.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-15-000.
    Applicants: Trunkline LNG Company, LLC.
    Description: NAESB Version 2.0 Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5047.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-16-000.
    Applicants: Petal Gas Storage, L.L.C.
    Description: NAESB 2.0 compliance filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5048.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-17-000.
    Applicants: High Island Offshore System, L.L.C.
    Description: NAESB V 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5057.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-18-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Philadelphia Lateral Negotiated Rates--CP11-508
Compliance to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5058.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-19-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: Order 587-V Compliance Filing (NAESB Vs. 2.0) to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5060.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-20-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: TEAM 2012 Negotiated Rates Filing--CP11-67 Compliance
to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5061.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-21-000.
    Applicants: CenterPoint Energy Gas Transmission Comp.
    Description: CEGT LLC--NAESB 2.0 Compliance Filing to be effective
12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5062.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-24-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Order No. 587-V Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5066.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-25-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: Order No. 587-V Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5068.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-26-000.
    Applicants: NGO Transmission, Inc.
    Description: NGO Transmission--Order No. 587-V Compliance to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5073.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-27-000.
    Applicants: MarkWest New Mexico, L.L.C.
    Description: MarkWest New Mexico--Order No. 587-V Compliance to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5080.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-28-000.
    Applicants: Clear Creek Storage Company, L.L.C.
    Description: NAESB 2.0 Compliance Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5085.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-29-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: MarkWest Pioneer--Order No. 587-V Compliance to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5086.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-31-000.
    Applicants: PostRock KPC Pipeline, LLC.
    Description: PostRock KPC Pipeline, LLC--Order No. 587-V Compliance
Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5088.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-32-000.
    Applicants: American Midstream (Midla), LLC.
    Description: American Midstream (Midla), LLC--Order No. 587-V
Compliance Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5089.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-34-000.
    Applicants: American Midstream (AlaTenn), LLC.
    Description: American Midstream (AlaTenn), LLC--Order No. 587-V
Compliance Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5092.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-35-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 10/01/12 FERC Order 587-V NAESB 2.0 to be effective
12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5093.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-36-000.
    Applicants: MoGas Pipeline LLC.
    Description: MoGas NAESB Compliance Filing to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5097.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-39-000.
    Applicants: CenterPoint Energy--Mississippi River T.
    Description: NAESB Compliance Filing (Version 2.0) to be effective
12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5111.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-40-000.
    Applicants: National Grid LNG, LP.
    Description: Compliance Filing Adopting NAESB Version 2.0 to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5112.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-43-000.
    Applicants: Bluewater Gas Storage, LLC.
    Description: Bluewater Gas Storage NAESB Compliance to be effective
12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5120.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-44-000.

    Applicants: SG Resources Mississippi, L.L.C.
    Description: SG Resources NAESB Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5121.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-45-000.
    Applicants: Pine Prairie Energy Center, LLC.
    Description: PPEC NAESB Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5122.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-46-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: ITS Fuel Compliance Filing to be effective 3/1/2013.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5123.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-47-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: NAESB 2.0 Compliance Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5124.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-48-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Philadelphia Lateral Recourse Rate Filing--CP11-508
Compliance to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5126.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-49-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) GNGS to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5168.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-50-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) MNUS to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5170.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-51-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Order 587-V Compliance Filing (NAESB Version 2.0
Standards) SESH to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5171.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-52-000.
    Applicants: Cimarron River Pipeline, LLC.
    Description: NAESB Version 2.0 Compliance Filing (Order 587-V) to
be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5172.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-53-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5173.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-54-000.
    Applicants: Northern Border Pipeline Company.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5176.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-55-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Order No. 587-V Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5177.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-56-000.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Bear Creek Baseline Tariff Filing to be effective 10/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5185.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-57-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Non-conforming Service Agreements--Basin Electric to
be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5191.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-58-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5209.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-59-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5231.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-60-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: NAESB V2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5250.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-61-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--NAESB Version 2.0 Compliance to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5259.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-62-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--NAESB Version 2.0 Compliance to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5261.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-63-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Annual Penalty Revenue Credits Report of WBI Energy
Transmission, Inc.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5264.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-64-000.
    Applicants: Dominion South Pipeline Company, LP.
    Description: DSP--NAESB Version 2.0 Compliance to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5265.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-65-000.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: NAESB Version 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5291.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-66-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Negotiated Rate Service Agreement--Amendment 27912 to
be effective 10/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5296.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-67-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Non-conforming Service Agreements--Revised NSP to be
effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5297.

    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-68-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Negotiated Rate Service Agreements Contract 132614,
132617, 134761 to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5300.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-69-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, L.
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5317.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-70-000.
    Applicants: Alliance Pipeline L.P.
    Description: NAESB Version 2.0 Final to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5326.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-71-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5333.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-72-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: 2012 FRQ & TDA Filing to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5336.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-73-000.
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: NAESB Compliance Version 2.0, Order 587-V to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5341.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-75-000.
    Applicants: Northern Natural Gas Company.
    Description: 20121001 NAESB Version 2.0 Refile to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5352.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-76-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Order 587-V Compliance Filing to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5354.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-77-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Creole Trail NAESB Compliance Filing to be effective
12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5356.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-78-000.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Compliance with Order 587-V to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5361.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-79-000.
    Applicants: Crossroads Pipeline Company.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5365.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-80-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Compliance with Order 587-V to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5367.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-81-000.
    Applicants: Caledonia Energy Partners, L.L.C.
    Description: Caledonia Change to FERC Gas Tariff to Comply with
FERC Order No. 587-V to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5368.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-82-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: PSEG ERT 11-01-2012 Negotiated Rate to be effective
11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5369.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-83-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5374.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-84-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5376.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-85-000.
    Applicants: White River Hub, LLC.
    Description: NAESB 2.0 Order 587-V to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5380.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-86-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5382.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-87-000.
    Applicants: Questar Southern Trails Pipeline Company.
    Description: Order 587-V NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5394.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-88-000.
    Applicants: Central Kentucky Transmission Company.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5401.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-89-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Order 587-V NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5408.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-90-000.
    Applicants: Mojave Pipeline Company, LLC.
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5413.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-91-000.
    Applicants: Questar Pipeline Company.
    Description: NAESB 2.0 Order 587-V Compliance to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5416.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-92-000.
    Applicants: Hardy Storage Company, LLC.
    Description: NAESB 2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5421.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-93-000.
    Applicants: Freebird Gas Storage, L.L.C.
    Description: Freebird Change to FERC Gas Tariff to Comply with FERC
Order No. 587-V to be effective 12/1/2012.

    Filed Date: 10/1/12.
    Accession Number: 20121001-5423.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-94-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Fuel Tracker Filing October 1, 2012 to be effective
11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5427.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-95-000.
    Applicants: Wyoming Interstate Company, L.L.C..
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5435.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-96-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: NAESB 2.0 to be effective 12/1/2012
    Filed Date: 10/1/12.
    Accession Number: 20121001-5437.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-97-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: NAESB v2.0 (Order 587-V) to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5439.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-98-000.
    Applicants: East Cheyenne Gas Storage, LLC.
    Description: ECGS NAESB Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5440.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-99-000.
    Applicants: Empire Pipeline, Inc.
    Description: Empire NAESB v.2.0 to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5441.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-100-000.
    Applicants: Golden Pass Pipeline LLC.
    Description: Order 587-V NAESB 2.0 Compliance Filing to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5442.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-101-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5443.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-102-000.
    Applicants: Northwest Pipeline GP.
    Description: NWP NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5445.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-103-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: El Paso Ruby Holding Agmt to be effective 11/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5446.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-104-000.
    Applicants: El Paso Natural Gas Company, L.L.C..
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5447.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-105-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: WIC Gas Quality--CO2 Settlement Compliance
Filing to be effective 3/1/2013.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5448.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-106-000.
    Applicants: Young Gas Storage Company, Ltd..
    Description: NAESB 2.0 Filing to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5450.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-107-000.
    Applicants: Bison Pipeline LLC.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5451.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-108-000.
    Applicants: TransColorado Gas Transmission Company L.
    Description: Order No. 587-V Compliance Filing to be effective 12/
1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5452.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-109-000.
    Applicants: ANR Pipeline Company.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5453.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-110-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: NAESB V2.0--1st Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5454.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-111-000.
    Applicants: North Baja Pipeline, LLC.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5455.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-112-000.
    Applicants: Blue Lake Gas Storage Company.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5456.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-113-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Volume No. 2--MGI Non-Conforming Agreement to be
effective 10/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5457.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-114-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5458.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-115-000.
    Applicants: ANR Storage Company.
    Description: NAESB 2.0 Compliance to be effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5460.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-116-000.
    Applicants: MIGC LLC.
    Description: NAESB V2.0 Compliance Filing to be effective 12/1/
2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5463.
    Comments Due: 5 p.m. ET 10/15/12.
    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 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.

Filings in Existing Proceedings

    Docket Numbers: RP10-960-005.
    Applicants: B-R Pipeline Company.
    Description: Order 587-V NAESB Version 2.0 Compliance Filing to be
effective 12/1/2012.

    Filed Date: 10/1/12.
    Accession Number: 20121001-5285.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP11-65-001.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: Order 587-V Compliance Filing to Modify Tariff to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5174.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP12-1048-001.
    Applicants: Viking Gas Transmission Company.
    Description: Conforming Backhaul Agreement--GPNG.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5444.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP12-259-001.
    Applicants: USG Pipeline Company, LLC.
    Description: Order 587-V NAESB Version 2.0 Compliance Filing to be
effective 12/1/2012.
    Filed Date: 10/1/12.
    Accession Number: 20121001-5362.
    Comments Due: 5 p.m. ET 10/15/12.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: October 2, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-24851 Filed 10-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Notices]
[Page 18015-18017]
[DOCID:fr20ap09-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59764; File No. SR-OCC-2009-07]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Revise Fee Schedule

April 14, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ notice is hereby given that on April 9, 2009, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change described in Items
I, II, and III below, which items have been prepared primarily by OCC.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The purpose of the proposed rule change is to revise OCC's fee
schedule for OneChicago, LLC (``ONE'').

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

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

    Under OCC's Standard Fee Schedule, clearing members pay OCC's
standard clearing fees and are eligible to receive rebates of excess
clearing fees when and as determined by OCC's Board of Directors. When
negotiating its clearing agreement with OCC, ONE negotiated the right
to pay clearing fees based on an Alternate Fee Schedule that was
ineligible for rebates in order to avoid the uncertainty of a rebate
that might be less than expected.\3\
---------------------------------------------------------------------------

    \3\ \\ Under the Alternate Fee Schedule, different fees were
charged to ONE when Chicago Mercantile Exchange (``CME''), as an
associated clearinghouse (``ACH''), was on one or both sides of the
trades.
---------------------------------------------------------------------------

    In 2005, OCC began to charge ONE clearing fees for trades where
both sides are cleared by OCC clearing members based on OCC's rebate-
eligible Standard Fee Schedule.\4\ Since 2005, OCC adopted further
discounts to its Standard Fee Schedule such that the fees charged to
ONE under the Alternate Fee Schedule for trades where one side is
cleared by CME are now substantially higher than OCC's discounted fees
in effect for other trades.\5\
---------------------------------------------------------------------------

    \4\ There were no changes made, however, to the fees charged
where CME, as an ACH, was on one or both sides of a trade. In such
cases, the Alternate Fee Schedule remained in effect.
    \5\ OCC's current discounted fee schedule is as follows:
    3[cent] per contract for trades of 1 to 500 contracts,
    2.4[cent] per contract for trades of 501 to 1,000 contracts,
    $18.00 per trade (capped) for trades of 1,001 to 2,000
contracts, and
    $18.00 per trade (capped) for trades larger than 2,001
contracts.
    Under the Alternate Fee Schedule, fees for trades where one side
of the trade is cleared by CME are as follows:
    5[cent] per contract for trades of 1 to 500 contracts,
    4.25[cent] per contract for trades of 501 to 1,000 contracts,
    3.5[cent] per contract for trades of 1,001 to 2,000 contracts,
    $61.00 per trade for trades larger than 2,000 contracts.
---------------------------------------------------------------------------

    In response to a request by ONE, OCC has agreed to reduce OCC's
fees for trades on ONE where one side is cleared by CME. Accordingly,
effective April 1, 2009, OCC will charge ONE clearing fees for trades
where one side is cleared through CME based on the Standard Fee
Schedule as in effect from time to time.
    OCC believes that the proposed rule change is consistent with the
requirements of Section 17A(b)(3)(D) of the Act \6\ and the rules and
regulations thereunder applicable to OCC because it provides for the
equitable allocation of reasonable dues, fees, and other charges among
OCC's participants by providing the benefit of OCC's discounted,
rebate-eligible clearing fee schedule to more trades effected on a
market for which OCC provides clearance and settlement services.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change will have any
impact on or impose any burden on competition.

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

    No written comments relating to the proposed rule change have been
solicited or received. OCC will notify the Commission of any written
comments received by OCC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(ii) of the Act \7\ and Rule 19b-4(f)(2) \8\
thereunder because the proposed rule change establishes or changes a
due, fee, or other charge applicable only to a participant. At any time
within sixty days of the filing of the proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-OCC-2009-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2009-07. 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 Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of OCC and on

OCC's Web site at http://www.optionsclearing.com/publications/rules/
proposed_changes/sr_occ_09_07.pdf. 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-OCC-2009-07 and should be submitted on
or before May 11, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
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    \9\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-8964 Filed 4-17-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3765-3766]
[FR Doc No: 2017-00560]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR17-4-000]

QEP Field Services, LLC; Notice of Request for Temporary Waiver

    Take notice that on January 5, 2017, pursuant to Rule 204 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.204, QEP Field Services, LLC (Petitioner)
filed a petition for temporary waiver of the tariff filing and
reporting requirements of sections 6 and 20 of the Interstate Commerce
Act and parts 341 and 357 of the Commission's regulations for the
Belfield Gathering System, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies

of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on January 26, 2017.

    Dated: January 6, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00560 Filed 1-11-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Rules and Regulations]
[Pages 47068-47074]
[FR Doc No: 2011-19694]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0158; FRL-9447-7]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Section 110(a)(2) Infrastructure Requirements for the 1997 8-
Hour Ozone and the 1997 and 2006 Fine Particulate Matter National
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving submittals from the State of Delaware
pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These
submittals address the infrastructure elements specified in the CAA
section 110(a)(2), necessary to implement, maintain, and enforce the
1997 8-hour ozone and fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS) and the 2006
PM2.5 NAAQS. This final rule is limited to the following
infrastructure elements which were subject to EPA's completeness
findings pursuant to CAA section (k)(1) for the 1997 8-hour ozone NAAQS
dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October
22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M), or portions thereof.

DATES: Effective Date: This final rule is effective on September 6,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0158. All documents in the docket are listed in
the http://regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://regulations.gov or in
hard copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Delaware Department of Natural Resources
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever

``we,'' ``us,'' or ``our'' is used, we mean EPA.

I. Background

    On June 3, 2010 (75 FR 31340), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of Delaware's submittals that provide the basic program elements
specified in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary
to implement, maintain, and enforce the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. The formal
submittals submitted by the State of Delaware on December 13, 2007,
September 19, 2008, and September 16, 2009 addressed the section
110(a)(2) requirements for the 1997 8-hour ozone NAAQS; the submittals
dated December 13, 2007, March 12, 2008, September 16, 2009, and March
10, 2010 addressed the section 110(a)(2) requirements for the 1997
PM2.5 NAAQS; and the submittals dated September 16, 2009 and
March 10, 2010 addressed the section 110(a)(2) requirements for the
2006 PM2.5 NAAQS.

II. Scope of Action on Infrastructure Submissions

    EPA is currently acting upon State Implementation Plans (SIPs) that
address the infrastructure requirements of CAA section 110(a)(1) and
(2) for the ozone and PM2.5 NAAQS for various states across
the country. Commenters on EPA's recent proposals for some states
raised concerns about EPA statements that it was not addressing certain
substantive issues in the context of acting on those infrastructure SIP
submissions.\1\ Those commenters specifically raised concerns involving
provisions in existing SIPs and with EPA's statements in other
proposals that it would address two issues separately and not as part
of actions on the infrastructure SIP submissions: (i) Existing
provisions related to excess emissions during periods of start-up,
shutdown, or malfunction (SSM) at sources, that may be contrary to the
CAA and EPA's policies addressing such excess emissions; and (ii)
existing provisions related to ``director's variance'' or ``director's
discretion'' that purport to permit revisions to SIP approved emissions
limits with limited public process or without requiring further
approval by EPA, that may be contrary to the CAA. EPA notes that there
are two other substantive issues for which EPA likewise stated in other
proposals that it would address the issues separately: (i) Existing
provisions for minor source new source review programs that may be
inconsistent with the requirements of the CAA and EPA's regulations
that pertain to such programs (``minor source NSR'') and (ii) existing
provisions for Prevention of Significant Deterioration programs that
may be inconsistent with current requirements of EPA's ``Final NSR
Improvement Rule,'' (67 FR 80186, December 31, 2002), as amended by the
NSR Reform Rule (72 FR 32526, June 13, 2007) (NSR Reform). In light of
the comments, EPA now believes that its statements in various proposed
actions on infrastructure SIPs with respect to these four individual
issues should be explained in greater depth.
---------------------------------------------------------------------------

    \1\ See, Comments of Midwest Environmental Defense Center, dated
May 31, 2011. Docket EPA-R05-OAR-2007-1179 (adverse
comments on proposals for three states in Region 5). EPA notes that
these public comments on another proposal are not relevant to this
rulemaking and do not have to be directly addressed in this
rulemaking. EPA will respond to these comments in the appropriate
rulemaking action to which they apply. EPA did receive specific
adverse comments in this action that are discussed in more detail in
section IV.
---------------------------------------------------------------------------

    EPA intended the statements in the other proposals concerning these
four issues merely to be informational and to provide general notice of
the potential existence of provisions within the existing SIPs of some
states that might require future corrective action. EPA did not want
states, regulated entities, or members of the public to be under the
misconception that EPA's approval of the infrastructure SIP submission
of a given state should be interpreted as a reapproval of certain types
of provisions that might exist buried in the larger existing SIP for
such state. Thus, for example, EPA explicitly noted that we believe
that some states may have existing SIP approved SSM provisions that are
contrary to the CAA and EPA policy, but that ``in this rulemaking, EPA
is not proposing to approve or disapprove any existing State provisions
with regard to excess emissions during SSM of operations at
facilities.'' EPA further explained, for informational purposes, that
``EPA plans to address such State regulations in the future.'' EPA made
similar statements, for similar reasons, with respect to the director's
discretion, minor source NSR, and NSR Reform issues. EPA's objective
was to make clear that approval of an infrastructure SIP for these
ozone and PM2.5 NAAQS should not be construed as explicit or
implicit reapproval of any existing provisions that relate to these
four substantive issues.
    Unfortunately, the commenters and others evidently interpreted
these statements to mean that EPA considered action upon the SSM
provisions and the other three substantive issues to be integral parts
of acting on an infrastructure SIP submission, and therefore that EPA
was merely postponing taking final action on the issue in the context
of the infrastructure SIPs. This was not EPA's intention. To the
contrary, EPA only meant to convey its awareness of the potential for
certain types of deficiencies in existing SIPs and to prevent any
misunderstanding that it was reapproving any such existing provisions.
EPA's intention was to convey its position that the statute does not
require that infrastructure SIPs address these specific substantive
issues in existing SIPs and that these issues may be dealt with
separately, outside the context of acting on the infrastructure SIP
submission of a state. To be clear, EPA did not mean to imply that it
was not taking a full final agency action on the infrastructure SIP
submission with respect to any substantive issue that EPA considers to
be a required part of acting on such submissions under section 110(k)
or under section 110(c). Given the confusion evidently resulting from
EPA's statements in those proposals, however, we want to explain more
fully EPA's reasons for concluding that these four potential
substantive issues in existing SIPs may be addressed separately.
    The requirement for the SIP submissions at issue arises out of CAA
section 110(a)(1). That provision requires that states must make a SIP
submission ``within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof)'' and
that these SIPs are to provide for the ``implementation, maintenance,
and enforcement'' of such NAAQS. Section 110(a)(2) includes a list of
specific elements that ``[e]ach such plan'' submission must meet. EPA
has historically referred to these particular submissions that states
must make after the promulgation of a new or revised NAAQS as
``infrastructure SIPs.'' This specific term does not appear in the
statute, but EPA uses the term to distinguish this particular type of
SIP submission designed to address basic structural requirements of a
SIP from other types of SIP submissions designed to address other
different requirements, such as ``nonattainment SIP'' submissions
required to address the nonattainment planning requirements of part D,
``regional haze SIP'' submissions required to address the visibility
protection requirements of CAA section 169A, new source review
permitting program submissions required to

address the requirements of part D, and a host of other specific types
of SIP submissions that address other specific matters.
    Although section 110(a)(1) addresses the timing and general
requirements for these infrastructure SIPs and section 110(a)(2)
provides more details concerning the required contents of these
infrastructure SIPs, EPA believes that many of the specific statutory
provisions are facially ambiguous. In particular, the list of required
elements provided in section 110(a)(2) contains a wide variety of
disparate provisions, some of which pertain to required legal
authority, some of which pertain to required substantive provisions,
and some of which pertain to requirements for both authority and
substantive provisions.\2\ Some of the elements of section 110(a)(2)
are relatively straightforward, but others clearly require
interpretation by EPA through rulemaking, or recommendations through
guidance, in order to give specific meaning for a particular NAAQS.\3\
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    \2\ For example, section 110(a)(2)(E) provides that states must
provide assurances that they have adequate legal authority under
state and local law to carry out the SIP; section 110(a)(2)(C)
provides that states must have a substantive program to address
certain sources as required by part C of the CAA; section
110(a)(2)(G) provides that states must have both legal authority to
address emergencies and substantive contingency plans in the event
of such an emergency.
    \3\ For example, section 110(a)(2)(D)(i) requires EPA to be sure
that each state's SIP contains adequate provisions to prevent
significant contribution to nonattainment of the NAAQS in other
states. This provision contains numerous terms that require
substantial rulemaking by EPA in order to determine such basic
points as what constitutes significant contribution. See, e.g.,
``Rule To Reduce Interstate Transport of Fine Particulate Matter and
Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program;
Revisions to the NOx SIP Call; Final Rule,'' (70 FR
25162, May 12, 2005) (defining, among other things, the phrase
``contribute significantly to nonattainment'').
---------------------------------------------------------------------------

    Notwithstanding that section 110(a)(2) states that ``each'' SIP
submission must meet the list of requirements therein, EPA has long
noted that this literal reading of the statute is internally
inconsistent, insofar as section 110(a)(2)(I) pertains to nonattainment
SIP requirements that could not be met on the schedule provided for
these SIP submissions in section 110(a)(1).\4\ This illustrates that
EPA must determine which provisions of section 110(a)(2) may be
applicable for a given infrastructure SIP submission. Similarly, EPA
has previously decided that it could take action on different parts of
the larger, general ``infrastructure SIP'' for a given NAAQS without
concurrent action on all subsections, such as section 110(a)(2)(D)(i),
because EPA bifurcated the action on these latter ``interstate
transport'' provisions within section 110(a)(2) and worked with states
to address each of the four prongs of section 110(a)(2)(D)(i) with
substantive administrative actions proceeding on different tracks with
different schedules.\5\ This illustrates that EPA may conclude that
subdividing the applicable requirements of section 110(a)(2) into
separate SIP actions may sometimes be appropriate for a given NAAQS
where a specific substantive action is necessitated, beyond a mere
submission addressing basic structural aspects of the state's SIP.
Finally, EPA notes that not every element of section 110(a)(2) would be
relevant, or as relevant, or relevant in the same way, for each new or
revised NAAQS and the attendant infrastructure SIP submission for that
NAAQS. For example, the monitoring requirements that might be necessary
for purposes of section 110(a)(2)(B) for one NAAQS could be very
different than what might be necessary for a different pollutant. Thus,
the content of an infrastructure SIP submission to meet this element
from a state might be very different for an entirely new NAAQS, versus
a minor revision to an existing NAAQS.\6\
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    \4\ See, e.g., Id., (70 FR 25162, at 63-65, May 12, 2005)
(explaining relationship between timing requirement of section
110(a)(2)(D) versus section 110(a)(2)(I)).
    \5\ EPA issued separate guidance to states with respect to SIP
submissions to meet section 110(a)(2)(D)(i) for the 1997 ozone and
1997 PM2.5 NAAQS. See, ``Guidance for State
Implementation Plan (SIP) Submissions to Meet Current Outstanding
Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards,'' from
William T. Harnett, Director Air Quality Policy Division OAQPS, to
Regional Air Division Director, Regions I-X, dated August 15, 2006.
    \6\ For example, implementation of the 1997 PM2.5
NAAQS required the deployment of a system of new monitors to measure
ambient levels of that new indicator species for the new NAAQS.
---------------------------------------------------------------------------

    Similarly, EPA notes that other types of SIP submissions required
under the statute also must meet the requirements of section 110(a)(2),
and this also demonstrates the need to identify the applicable elements
for other SIP submissions. For example, nonattainment SIPs required by
part D likewise have to meet the relevant subsections of section
110(a)(2) such as section 110(a)(2)(A) or (E). By contrast, it is clear
that nonattainment SIPs would not need to meet the portion of section
110(a)(2)(C) that pertains to part C, i.e., the PSD requirements
applicable in attainment areas. Nonattainment SIPs required by part D
also would not need to address the requirements of section 110(a)(2)(G)
with respect to emergency episodes, as such requirements would not be
limited to nonattainment areas. As this example illustrates, each type
of SIP submission may implicate some subsections of section 110(a)(2)
and not others.
    Given the potential for ambiguity of the statutory language of
section 110(a)(1) and (2), EPA believes that it is appropriate for EPA
to interpret that language in the context of acting on the
infrastructure SIPs for a given NAAQS. Because of the inherent
ambiguity of the list of requirements in section 110(a)(2), EPA has
adopted an approach in which it reviews infrastructure SIPs against
this list of elements ``as applicable.'' In other words, EPA assumes
that Congress could not have intended that each and every SIP
submission, regardless of the purpose of the submission or the NAAQS in
question, would meet each of the requirements, or meet each of them in
the same way. EPA elected to use guidance to make recommendations for
infrastructure SIPs for these NAAQS.
    On October 2, 2007, EPA issued guidance making recommendations for
the infrastructure SIP submissions for both the 1997 8-hour ozone NAAQS
and the 1997 PM2.5 NAAQS.\7\ Within this guidance document,
EPA described the duty of states to make these submissions to meet what
EPA characterized as the ``infrastructure'' elements for SIPs, which it
further described as the ``basic SIP requirements, including emissions
inventories, monitoring, and modeling to assure attainment and
maintenance of the standards.'' \8\ As further identification of these
basic structural SIP requirements, ``attachment A'' to the guidance
document included a short description of the various elements of
section 110(a)(2) and additional information about the types of issues
that EPA considered germane in the context of such infrastructure SIPs.
EPA emphasized that the description of the basic requirements listed on
attachment A was not intended ``to constitute an interpretation of''
the requirements and was merely a ``brief description of the required
elements.'' \9\ EPA also stated its belief that with one exception,
these requirements were ``relatively self explanatory, and past
experience with SIPs for other NAAQS should enable states to meet these
requirements with

assistance from EPA Regions.'' \10\ For the one exception to that
general assumption, however, i.e., how states should proceed with
respect to the requirements of section 110(a)(2)(G) for the 1997
PM2.5 NAAQS, EPA gave much more specific recommendations.
But for other infrastructure SIP submittals, and for certain elements
of the submittals for the 1997 PM2.5 NAAQS, EPA assumed that
each state would work with its corresponding EPA regional office to
refine the scope of a state's submittal based on an assessment of how
the requirements of section 110(a)(2) should reasonably apply to the
basic structure of the state's SIP for the NAAQS in question.
---------------------------------------------------------------------------

    \7\ See, ``Guidance on SIP Elements Required Under Section
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards,'' from William T. Harnett,
Director Air Quality Policy Division, to Air Division Directors,
Regions I-X, dated October 2, 2007 (the ``2007 Guidance'').
    \8\ Id., at page 2.
    \9\ Id., at attachment A, page 1.
    \10\ Id., at page 4. In retrospect, the concerns raised by
commenters with respect to EPA's approach to some substantive issues
indicates that the statute is not so ``self explanatory,'' and
indeed is sufficiently ambiguous that EPA needs to interpret it in
order to explain why these substantive issues do not need to be
addressed in the context of infrastructure SIPs and may be addressed
at other times and by other means.
---------------------------------------------------------------------------

    On September 25, 2009, EPA issued guidance to make recommendations
to states with respect to the infrastructure SIPs for the 2006
PM2.5 NAAQS.\11\ In the 2009 Guidance, EPA addressed a
number of additional issues that were not germane to the infrastructure
SIPs for the 1997 8-hour ozone and 1997 PM2.5 NAAQS, but
were germane to these SIP submissions for the 2006 PM2.5
NAAQS, e.g., the requirements of section 110(a)(2)(D)(i) that EPA had
bifurcated from the other infrastructure elements for those specific
1997 ozone and PM2.5 NAAQS.
---------------------------------------------------------------------------

    \11\ See, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS),''
from William T, Harnett, Director Air Quality Policy Division, to
Regional Air Division Directors, Regions I-X, dated September 25,
2009 (the ``2009 Guidance'').
---------------------------------------------------------------------------

    Significantly, neither the 2007 Guidance nor the 2009 Guidance
explicitly referred to the SSM, director's discretion, minor source
NSR, or NSR Reform issues as among specific substantive issues EPA
expected states to address in the context of the infrastructure SIPs,
nor did EPA give any more specific recommendations with respect to how
states might address such issues even if they elected to do so. The SSM
and director's discretion issues implicate section 110(a)(2)(A), and
the minor source NSR and NSR Reform issues implicate section
110(a)(2)(C). In the 2007 Guidance, however, EPA did not indicate to
states that it intended to interpret these provisions as requiring a
substantive submission to address these specific issues in the context
of the infrastructure SIPs for these NAAQS. Instead, EPA's 2007
Guidance merely indicated its belief that the states should make
submissions in which they established that they have the basic SIP
structure necessary to implement, maintain, and enforce the NAAQS. EPA
believes that states can establish that they have the basic SIP
structure, notwithstanding that there may be potential deficiencies
within the existing SIP. Thus, EPA's other proposals mentioned these
issues not because EPA considers them issues that must be addressed in
the context of an infrastructure SIP as required by section 110(a)(1)
and (2), but rather because EPA wanted to be clear that it considers
these potential existing SIP problems as separate from the pending
infrastructure SIP actions.
    EPA believes that this approach to the infrastructure SIP
requirement is reasonable, because it would not be feasible to read
section 110(a)(1) and (2) to require a top to bottom, stem to stern,
review of each and every provision of an existing SIP merely for
purposes of assuring that the state in question has the basic
structural elements for a functioning SIP for a new or revised NAAQS.
Because SIPs have grown by accretion over the decades as statutory and
regulatory requirements under the CAA have evolved, they may include
some outmoded provisions and historical artifacts that, while not fully
up to date, nevertheless may not pose a significant problem for the
purposes of ``implementation, maintenance, and enforcement'' of a new
or revised NAAQS when EPA considers the overall effectiveness of the
SIP. To the contrary, EPA believes that a better approach is for EPA to
determine which specific SIP elements from section 110(a)(2) are
applicable to an infrastructure SIP for a given NAAQS, and to focus
attention on those elements that are most likely to need a specific SIP
revision in light of the new or revised NAAQS. Thus, for example, EPA's
2007 Guidance specifically directed states to focus on the requirements
of section 110(a)(2)(G) for the 1997 PM2.5 NAAQS because of
the absence of underlying EPA regulations for emergency episodes for
this NAAQS and an anticipated absence of relevant provisions in
existing SIPs.
    Finally, EPA believes that its approach is a reasonable reading of
section 110(a)(1) and (2) because the statute provides other avenues
and mechanisms to address specific substantive deficiencies in existing
SIPs. These other statutory tools allow EPA to take appropriate
tailored action, depending upon the nature and severity of the alleged
SIP deficiency. Section 110(k)(5) authorizes EPA to issue a ``SIP
call'' whenever EPA determines that a state's SIP is substantially
inadequate to attain or maintain the NAAQS, to mitigate interstate
transport, or otherwise to comply with the CAA.\12\ Section 110(k)(6)
authorizes EPA to correct errors in past actions, such as past
approvals of SIP submissions.\13\ Significantly, EPA's determination
that an action on the infrastructure SIP is not the appropriate time
and place to address all potential existing SIP problems does not
preclude EPA's subsequent reliance on provisions in section 110(a)(2)
as part of the basis for action at a later time. For example, although
it may not be appropriate to require a state to eliminate all existing
inappropriate director's discretion provisions in the course of acting
on the infrastructure SIP, EPA believes that section 110(a)(2)(A) may
be among the statutory bases that EPA cites in the course of addressing
the issue in a subsequent action.\14\
---------------------------------------------------------------------------

    \12\ EPA has recently issued a SIP call to rectify a specific
SIP deficiency related to the SSM issue. See, ``Finding of
Substantial Inadequacy of Implementation Plan; Call for Utah State
Implementation Plan Revision,'' (74 FR 21639, April 18, 2011).
    \13\ EPA has recently utilized this authority to correct errors
in past actions on SIP submissions related to PSD programs. See,
``Limitation of Approval of Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas Emitting-Sources in State
Implementation Plans; Final Rule,'' (75 FR 82536, Dec. 30, 2010).
EPA has previously used its authority under CAA 110(k)(6) to remove
numerous other SIP provisions that EPA determined it had approved in
error. See, e.g., (61 FR 38664, July 25, 1996) and (62 FR 34641,
June 27, 1997) (corrections to American Samoa, Arizona, California,
Hawaii, and Nevada SIPs); (69 FR 67062, November 16, 2004)
(corrections to California SIP); and (74 FR 57051, November 3, 2009)
(corrections to Arizona and Nevada SIPs).
    \14\ EPA has recently disapproved a SIP submission from Colorado
on the grounds that it would have included a director's discretion
provision inconsistent with CAA requirements, including section
110(a)(2)(A). See, e.g., (75 FR 42342-42344, July 21, 2010)(proposed
disapproval of director's discretion provisions); (76 FR 4540, Jan.
26, 2011) (final disapproval of such provisions).
---------------------------------------------------------------------------

    EPA's proposed approval of the infrastructure SIP submissions from
Delaware predated the actions on the submissions of other states and
thus occurred before EPA decided to provide the informational
statements concerning the SSM, director's discretion, minor source NSR,
and NSR Reform issues as specific substantive issues that EPA was not
addressing in this context. However, EPA determined that these four
issues should be addressed, as appropriate, separately from the action
on the infrastructure SIPs for this state for the same reasons. Given
this determination, EPA did not address these substantive issues in the
prior proposals. Accordingly, EPA emphasizes that

today's action should not be construed as a reapproval of any potential
problematic provisions related to these substantive issues that may be
buried within the existing SIP of this state. To the extent that there
is any such existing problematic provision that EPA determines should
be addressed, EPA plans to address such provisions in the future. In
the meantime, EPA encourages any state that may have a deficient
provision related to these issues to take steps to correct it as soon
as possible.

III. Summary of Relevant Submissions

    The submittals referenced in the Background section above address
the infrastructure elements specified in the CAA section 110(a)(2).
These submittals refer to the implementation, maintenance and
enforcement of the 1997 8-hour ozone, the 1997 PM2.5 NAAQS,
and the 2006 PM2.5 NAAQS. The rationale supporting EPA's
proposed action is explained in the NPR and the technical support
document (TSD) and will not be restated here. On July 6, 2010, EPA
received adverse comments on the June 3, 2010 NPR. A summary of the
comments submitted and EPA's responses are provided in Section IV of
this document. EPA is also revising the portion of the TSD relating to
section 110(a)(2)(D)(ii) in order to provide a more accurate and
detailed explanation of the rationale supporting EPA's approval. The
TSD is available on line at http://regulations.gov, Docket number EPA-
R03-OAR-2010-0158.

IV. Summary of Public Comments and EPA Responses

    Comment: The commenter objected to EPA's proposed approval of the
infrastructure SIP submission on the grounds that the existing Delaware
SIP contain provisions addressing excess emissions during periods of
SSM, that do not meet the requirements of the CAA. The commenter argued
that even though the SIP revisions that EPA proposed to approve in this
action did not contain the provisions to which the commenter objects,
the presence of existing SSM provisions in Delaware's SIP that are
contrary to the CAA compromise the State's ability to ensure compliance
with the PM2.5 and ozone NAAQS. The commenter provided
details on specific regulatory provisions that the commenter
characterized as inconsistent with Federal law. According to the
commenter, these provisions ``potentially create blanket exemptions''
for emissions during SSM events and these exemptions enable sources to
emit excessive amounts of pollutants that could ``compromise the
state's ability to achieve and maintain the PM2.5 and ozone
NAAQS.''
    Response: EPA disagrees with the commenter's view that if a state's
existing SIP contains any arguably illegal existing SSM provision, then
EPA cannot approve the infrastructure SIP submission of that state. As
discussed in more detail in section II of this final rulemaking, EPA
does not agree that an action upon the infrastructure SIP required by
section 110(a)(1) and (2) requires that EPA address any existing SSM
provisions.
    EPA shares the commenter's concerns that certain existing SSM
provisions may be contrary to the CAA and existing EPA guidance, and
that such provisions can have an adverse impact on air quality control
efforts in a given state. EPA plans to address such provisions in the
future, as appropriate, and in the meantime encourages any state having
a deficient SSM provision to take steps to correct it as soon as
possible. EPA is not evaluating the merits of the commenter's claims
with respect to the particular provisions identified in the comments in
this action because EPA considers these to be beyond the scope of this
action.
    Comment: The commenter also objected to EPA's proposed approval of
the infrastructure SIP submission because of existing provisions of the
Delaware SIP that pertain to NOX emission from certain
stationary sources. According to the commenter, these provisions enable
the state to allow sources to avoid otherwise applicable NOX
emissions limits during SSM events. Moreover, the commenter objected to
the provisions on the grounds that they allegedly allow the state to
make such revisions to the NOX limits ``outside the SIP-
revision process,'' thereby precluding EPA from ensuring that such
revisions would meet EPA's applicable guidance on provisions related to
SSM. Thus, according to the commenter, the existing provisions combine
an impermissible director's discretion provision with an impermissible
SSM provision, and these director's discretion and variance provisions
are contrary to the CAA.
    Response: EPA also disagrees with the commenter's conclusion that
if a state's existing SIP contains any arguably illegal director's
discretion or director's variance provision in combination with an
arguably illegal SSM provision, then EPA cannot approve the
infrastructure SIP submission of that state. As discussed in more
detail in section II of this final rulemaking, EPA does not agree that
an action upon the infrastructure SIP required by section 110(a)(1) and
(2) requires that EPA address any existing director's discretion
provisions, or such provisions in combination with existing SSM
provisions.
    EPA shares the commenter's concerns that certain existing
director's discretion provisions in combination with existing SSM
provisions may be contrary to the CAA and existing EPA guidance and
that such provisions can have an adverse impact on air quality control
efforts in a given state. EPA plans to take action in the future to
address such provisions, as appropriate, and in the meantime encourages
any state having a deficient director's discretion or director's
variance provision to take steps to correct it as soon as possible. EPA
is not evaluating the merits of the commenter's claims with respect to
the particular provisions identified in the comments in this action
because EPA considers these to be beyond the scope of this action.
    Comment: The commenter asserted that Delaware's New Source
Performance Standards (NSPS) regulations are not SIP approved but
nevertheless contain ``loopholes'' for emissions during periods of
startup, shutdown, and/or malfunction that are less stringent than, or
inconsistent with, federal law. The commenter provided details on
specific regulatory provisions that the commenter characterized as
inconsistent with federal law. The commenter acknowledged that these
specific provisions are not SIP approved, but argued that the
provisions affect the ability to enforce emissions limits in state
court or administrative proceedings and therefore potentially undermine
the CAA and EPA's ability to ensure implementation of the CAA.
    Response: EPA disagrees with these comments. First, as the
commenter agrees, provisions of state law that are not SIP approved are
by definition not something that is relevant to EPA's action on the
specific infrastructure SIP under consideration in this action. EPA's
review of the infrastructure SIP is to evaluate the basic structural
components of the SIP to assure that it meets basic requirements for
implementation, maintenance, and enforcement of the NAAQS. Provisions
of state law that are not within the SIP are outside the scope of this
action, even if they related to an issue that was otherwise germane to
this action.
    Second, as explained in response to commenters other concerns with
provisions that are within the SIP, EPA does not agree that an action
upon an infrastructure SIP submission required by section 110(a)(1) and
(2) requires that EPA address any existing SSM

provisions. The bases for EPA's view that such provisions should be
addressed separately is explained in more detail in section II of this
final rulemaking,

V. Final Action

    EPA is approving the State of Delaware's submittals that provide
the basic program elements specified in the CAA sections 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or
portions thereof, necessary to implement, maintain, and enforce the
1997 8-hour ozone and PM2.5 NAAQS and the 2006
PM2.5 NAAQS. EPA made completeness findings for the 1997 8-
hour ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22,
2008 (73 FR 62902) for the 1997 PM2.5 NAAQS. These findings
pertained only to whether the submissions were complete, pursuant to
110(k)(1)(A), and did not constitute EPA approval or disapproval of
such submissions. The March 27, 2008 finding noted that Delaware failed
to submit a complete SIP addressing the portions of (C) and (J)
relating to the Part C permit program for the 1997 8-hour ozone NAAQS.
Specifically, EPA found that Delaware failed to address sections
110(a)(2)(C) and (J) pertaining to changes to its Part C PSD permit
program required by the November 29, 2005 (70 FR 71612, page 71699)
final rule that made nitrogen oxides (NOX) a precursor for
ozone in the Part C regulations found at 40 CFR 51.166 and in 40 CFR
52.21. EPA has taken separate action on the portions of section
110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS as they relate to
Delaware's PSD permit program (76 FR 26679).
    Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to section 172. These elements are: (i) Submissions
required by section 110(a)(2)(C) to the extent that subsection pertains
to a permit program in Part D Title I of the CAA; and (ii) any
submissions required by section 110(a)(2)(I), which pertain to the
nonattainment planning requirements of Part D Title I of the CAA. This
action does not cover these specific elements. This action also does
not address the requirements of 110(a)(2)(D)(i) for the 1997 8-hour
ozone and PM2.5 NAAQS or for the 2006 PM2.5
NAAQS. A portion of these requirements have been addressed by separate
findings issued by EPA (See (70 FR 21147, April 25, 2005); (75 FR
32673, June 9, 2010), and (76 FR 2853, January 18, 2011)). A portion of
these requirements are addressed through 110(a)(2) SIP submittals,
which EPA will be addressing through separate action.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 3, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to Delaware's section 110(a)(2)
infrastructure requirements for the 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 22, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding
entries at the end of the table for Delaware's section 110(a)(2)
Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS, Section
110(a)(2) Infrastructure Requirements for the 1997 PM2.5
NAAQS, and Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQS. The amendments read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide..........          12/13/07  8/4/11 [Insert       This action
 Requirements for the 1997 8-                                   9/19/08   Federal Register     address the
 Hour Ozone NAAQS.                                              9/16/09   page number where    following CAA
                                                                          the document         elements:
                                                                          begins]              110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M) or
                                                                                portions thereof.
Section 110(a)(2) Infrastructure  Statewide..........          12/13/07  8/4/11 [Insert       This action
 Requirements for the 1997 PM2.5                                3/12/08   Federal Register     addresses the
 NAAQS.                                                         9/16/09   page number where    following CAA
                                                                3/10/10   the document         elements:
                                                                          begins]              110(a)(2)(A),
                                                                                (B), (C), (D)(ii)
                                                                                (E), (F), (G),
                                                                                (H), (J), (K),
                                                                                (L), and (M) or
                                                                                portions thereof.
Infrastructure Requirements for   Statewide..........           9/16/09  8/4/11 [Insert       This action
 the 2006 PM2.5 NAAQS.                                          3/10/10   Federal Register     addresses the
                                                                          page number where    following CAA
                                                                          the document         elements:
                                                                          begins]              110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M), or
                                                                                portions thereof.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-19694 Filed 8-3-11; 8:45 am]
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