[Federal Register: July 17, 2007 (Volume 72, Number 136)]
[Notices]
[Page 39105-39106]
[DOCID:fr17jy07-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56046; File No. SR-Amex-2007-62]

 Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Short Term Option Series Pilot Program

July 11, 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 June 27, 2007, the American Stock Exchange LLC (``Exchange'' or
``Amex'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated this proposal as non-controversial under
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to extend its Short Term Option Series
pilot program (``Pilot Program'') for an additional year, through July
12, 2008. The text of the proposed rule change is available on the
Exchange's Web site (http://www.amex.com), at the Exchange's principal

office, 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 Exchange 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 Exchange 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
    On July 12, 2006, the Commission approved a one-year extension of
the Pilot Program, which was initially approved on July 12, 2005.\5\
The Exchange is now proposing to extend the Pilot Program for an
additional year, through July 12, 2008.
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    \5\ See Securities Exchange Act Releases No. 54131 (July 12,
2006), 71 FR 40760 (July 18, 2006) (File No. SR-Amex-2006-66) and
52014 (July 12, 2005), 70 FR 41244 (July 18, 2005) (File No. SR-
Amex-2005-35).
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    The Exchange believes that Short Term Option Series provide
investors with a flexible and valuable tool to manage risk exposure,
minimize capital outlays, and be more responsive to the timing of
events affecting the securities that underlie option contracts. At the
same time, the Exchange is cognizant of the need to be cautious in
introducing a product that can increase the number of outstanding
strike prices. In order to respond to potential customer demand and to
remain competitive, the Exchange proposes to extend the Pilot Program
for another year.
    In its original proposal to establish the Pilot Program, the
Exchange stated that if it were to propose an extension of the program,
the Exchange would submit a Pilot Program report (``Report'') that
would provide analysis of the Pilot Program covering the entire period
during which the Pilot Program was in effect. Since the Exchange did
not list any Short Term Option Series during this past year of the
Pilot Program, there is no data available to prepare the Report at this
time, and the Exchange has not submitted a Report with this proposal to
extend the Pilot Program.
    The Exchange notes that it possesses the adequate systems capacity
to trade any Short Term Option Series, should any be listed in the
future.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act \6\ in general, and furthers the objectives
of Section 6(b)(5) of the Act \7\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange believes that
continuing the Pilot Program for Short Term Option Series can stimulate
customer interest in options and provide a flexible and valuable tool
to manage risk exposure, minimize capital outlays and be more
responsive to the timing of events affecting the securities that
underlie option contracts.
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    \6\ 15 U.S.C. 78f.
    \7\ 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

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

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

    The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\9\ The Exchange has asked the Commission to waive the
operative delay to permit the Pilot Program extension to become
operative prior to the 30th day after filing.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business days before doing
so.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the benefits of the Pilot Program to continue
without interruption.\11\ Therefore, the Commission designates the
proposal operative upon filing.\12\
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    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \12\ As set forth in the Exchange's original filing proposing
the Pilot Program, if the Exchange were to propose an extension, an
expansion, or permanent approval of the Pilot Program, the Exchange
would submit, along with any filing proposing such amendments to the
program, a report that would provide an analysis of the Pilot
Program covering the entire period during which the Pilot Program
was in effect. The report would include, at a minimum: (1) Data and
written analysis on the open interest and trading volume in the
classes for which Short Term Option Series were opened; (2) an
assessment of the appropriateness of the option classes selected for
the Pilot Program; (3) an assessment of the impact of the Pilot
Program on the capacity of the Exchange, OPRA, and market data
vendors (to the extent data from market data vendors is available);
(4) any capacity problems or other problems that arose during the
operation of the Pilot Program and how the Exchange addressed such
problems; (5) any complaints that the Exchange received during the
operation of the Pilot Program and how the Exchange addressed them;
and (6) any additional information that would assist in assessing
the operation of the Pilot Program. The report must be submitted to
the Commission at least sixty (60) days prior to the expiration date
of the Pilot Program. See Form 19b-4 for File No. SR-Amex-2005-35,
filed March 23, 2005.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-Amex-2007-62 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-Amex-2007-62. 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of 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-Amex-2007-62 and should be submitted on
or before August 7, 2007.\13\
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-13809 Filed 7-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7454-7455]
[FR Doc No: 2015-02633]

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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: ER10-2641-018; ER10-2663-018; ER10-2881-018; ER10-
2882-018; ER10-2883-018; ER10-2884-018; ER10-2885-018; ER10-2886-018;
ER13-1101-013; ER13-1541-012; ER14-661-005; ER14-787-006.
    Applicants: Oleander Power Project, Limited Partnership, Southern
Company--Florida LLC, Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Southern Turner Cimarron I, LLC, Spectrum Nevada Solar, LLC, Campo
Verde Solar, LLC, SG2 Imperial Valley LLC, Macho Springs Solar, LLC.
    Description: Notification of Non-Material of Change in Status of
Oleander Power Project, Limited Partnership, et. al.
    Filed Date: 1/30/15.
    Accession Number: 20150130-5456.
    Comments Due: 5 p.m. ET 2/20/15.

    Docket Numbers: ER10-2759-004; ER10-2732-010; ER10-2733-010; ER10-
2734-010; ER10-2736-010; ER10-2737-010; ER10-2741-010; ER10-2749-010;
ER10-2752-010; ER12-2492-006; ER12-2493-006; ER12-2494-006; ER12-2495-
006; ER12-2496-006; ER14-264-001; ER10-2631-004; ER13-815-002.
    Applicants: Bridgeport Energy LLC, Emera Energy Services Inc.,
Emera Energy U.S. Subsidiary No. 1, Inc., Emera Energy U.S. Subsidiary
No. 2, Inc., Emera Energy Services Subsidiary No. 1 LLC, Emera Energy
Services Subsidiary No. 2 LLC, Emera Energy Services Subsidiary No. 3
LLC, Emera Energy Services Subsidiary No. 4 LLC, Emera Energy Services
Subsidiary No. 5 LLC, Emera Energy Services Subsidiary No. 6 LLC, Emera
Energy Services Subsidiary No. 7 LCL, Emera Energy Services Subsidiary
No. 8 LLC, Emera Energy Services Subsidiary No. 9 LLC, Emera Maine,
Emera Energy Services Subsidiary No. 10 LLC, Rumford Power Inc.,
Tiverton Power LLC.
    Description: Notice of Change in Status of the Emera Entities.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5328.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER11-4267-008; ER11-4270-008; ER11-4269-009; ER11-
4268-008; ER11-113-009; ER10-2682-008; ER12-1680-006; ER11-4694-005.
    Applicants: Algonquin Power Windsor Locks LLC, Algonquin Energy
Services Inc., Algonquin Tinker Gen Co., Algonquin Northern Maine Gen
Co., Sandy Ridge Wind, LLC, Granite State Electric Company, Minonk
Wind, LLC, GSG 6, LLC.
    Description: Notification of Change in Status of Algonquin Energy
Services Inc., et. al.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5307.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER12-1316-002; ER11-2753-003; ER13-413-003; ER11-
1933-004.
    Applicants: Silver State Solar Power North, LLC, Cedar Point Wind,
LLC, USG Oregon LLC, Green Mountain Power Corporation.
    Description: Notice of Change in Status of Silver State Solar Power
North, LLC, et. al.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5302.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER12-2178-012; ER10-2172-023; ER14-2144-002; ER12-
2311-010; ER10-2179-026; ER11-2016-018; ER10-2184-023; ER10-1048-020;
ER10-2192-023; ER11-2056-017; ER10-2178-023; ER14-1524-004; ER11-2014-
020; ER11-2013-020; ER10-3308-021; ER10-1020-019; ER13-1536-006; ER10-
1078-019; ER10-1080-019; ER11-2010-020; ER10-1081-020; ER14-2145-002;
ER10-2180-023; ER12-2201-010; ER11-2011-019; ER12-2528-011; ER10-3025-
006; ER10-3027-004; ER11-2009-019; ER11-3989-015; ER10-2181-026; ER10-
1143-019; ER10-2182-026; ER12-1829-010; ER11-2007-018; ER12-1223-015;
ER11-2005-020.
    Applicants: Exelon Generation Company, LLC, AV Solar Ranch 1, LLC,
Baltimore Gas and Electric Company, Beebe 1B Renewable Energy, LLC,
Beebe Renewable Energy, LLC, Calvert Cliffs Nuclear Power Plant LLC,
Cassia Gulch Wind Park, LLC, CER Generation, LLC, Commonwealth Edison
Company, Constellation Energy Commodities Group Maine, LLC,
Constellation Mystic Power, LLC, Constellation NewEnergy, Inc.,
Constellation Power Source Generation, LLC, Cow Branch Wind

Power, LLC, CR Clearing, LLC, Criterion Power Partners, LLC, Exelon
Framingham, LLC, Exelon Generation Company, LLC, Exelon New Boston,
LLC, Exelon West Medway, LLC, Exelon Wind 4, LLC, Exelon Wyman, LLC,
Fourmile Wind Energy, LLC, Handsome Lake Energy, LLC, Harvest II
Windfarm, LLC, Harvest WindFarm, LLC, High Mesa Energy, LLC, Integrys
Energy Services of New York, Inc., Integrys Energy Services, Inc.,
Michigan Wind 1, LLC, Michigan Wind 2, LLC, Nine Mile Point Nuclear
Station, LLC, PECO Energy Company, R.E. Ginna Nuclear Power Plant, LLC,
Shooting Star Wind Project, LLC, Tuana Springs Energy, LLC, Wildcat
Wind, LLC, Wind Capital Holdings, LLC.
    Description: Notice of Change in Status of the Exelon MBR Entities.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5343.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER14-2326-001.
    Applicants: Entergy Nuclear FitzPatrick, LLC.
    Description: Compliance filing per 35.37: Entergy Nuclear
Fitzpatrick, LLC, Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5042.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER14-2327-001.
    Applicants: Entergy Nuclear Generation Company.
    Description: Compliance filing per 35.37: Entergy Nuclear
Generating Company Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5044.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER14-2328-001.
    Applicants: Entergy Nuclear Indian Point 2, LLC.
    Description: Compliance filing per 35.37: Entergy Nuclear Indian
Point 2, LLC, Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5050.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER14-2329-001.
    Applicants: Entergy Nuclear Indian Point 3, LLC.
    Description: Compliance filing per 35.37: Entergy Nuclear Indian
Point 3, LLC, Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5053.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER14-2330-001.
    Applicants: Entergy Nuclear Power Marketing, LLC.
    Description: Compliance filing per 35.37: Entergy Nuclear Power
Marketing, LLC, Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5047.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER14-2332-001.
    Applicants: Entergy Rhode Island State Energy, L.P.
    Description: Compliance filing per 35.37: Entergy Rhode Island
State Energy, LP., Tariff Update to be effective 8/29/2014.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5048.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER15-895-001.
    Applicants: Kentucky Utilities Company.
    Description: Tariff Amendment per 35.17(b): Errata to 1_23_2015 re-
collation filing to be effective 1/24/2015.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5059.
    Comments Due: 5 p.m. ET 2/24/15.

    Docket Numbers: ER15-959-000.
    Applicants: PJM Interconnection, L.L.C., Commonwealth Edison
Company, Commonwealth Edison Company of Indiana, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): ComEd
submits revisions to OATT Att H-13A re PBOP Expense to be effective 3/
30/2015.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5276.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER15-960-000.
    Applicants: CPV Biomass Holdings, LLC.
    Description: Initial rate filing per 35.12 Application for Market-
Based Rate Authority to be effective 3/3/2015.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5280.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER15-961-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 1630R5
The Empire District Electric Company NITSA and NOA to be effective 1/1/
2015.
    Filed Date: 2/2/15.
    Accession Number: 20150202-5283.
    Comments Due: 5 p.m. ET 2/23/15.

    Docket Numbers: ER15-962-000.
    Applicants: ISO New England Inc., Emera Maine.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Cancellation of Howland LSA to be effective 1/6/2015.
    Filed Date: 2/3/15.
    Accession Number: 20150203-5086.
    Comments Due: 5 p.m. ET 2/24/15.

    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 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: February 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-02633 Filed 2-9-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36161-36164]
[FR Doc No: 2020-10693]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0469; FRL-10009-51-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Regulatory Updates to Allegheny County Nonattainment New
Source Review (NNSR) Permitting Requirements for 2012 Annual Fine
Particulate Matter (PM2.5) National Ambient Air Quality Standard
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision by the Commonwealth of Pennsylvania,
on behalf of the Allegheny County Health Department (ACHD), on May 23,
2019. The revision pertains to ACHD's amendments of the ACHD Rules and
Regulations, Article XXI (Air Pollution Control) to implement Federal
nonattainment new source review (NNSR) provisions for the 2012 annual
fine particulate matter (PM2.5) national ambient air quality
standard (NAAQS). EPA is approving these revisions to the Allegheny
County portion of the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on July 15, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0469. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is<PHONE_NUMBER>. Ms. Johansen can also be reached via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 5, 2020 (85 FR 12882), EPA published a notice of proposed
rulemaking (NPRM) for Allegheny County, Pennsylvania. In the NPRM, EPA
proposed approval of amendments to ACHD Rules and Regulations, Article
XXI (Air Pollution Control), sections 2102.06 (Major Sources Locating
in or Impacting a Nonattainment Area), and 2101.20 (Definitions),
herein referred to as Revision 90A. Specifically, Revision 90A
establishes that emissions of volatile organic compounds (VOC) and
ammonia are precursors to PM2.5 for new and modified major
sources emitting PM2.5 in Allegheny County, Pennsylvania;
establishes a significant impact level for PM2.5; proposes
emission offset ratios for emissions of VOC and ammonia as
PM2.5 precursors; and amends relevant definitions. The
formal SIP revision was submitted by the Commonwealth of Pennsylvania,
on behalf of ACHD, on May 23, 2019.
    EPA has revised the NAAQS for PM2.5 on multiple
occasions, most recently in 2012. On December 14, 2012, the annual
primary standard for PM2.5 was lowered from 15 micrograms
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January
15, 2013). The existing 24-hour standards (primary and secondary) were
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA
formally classified all of Allegheny County, Pennsylvania as moderate
nonattainment for the 2012 annual PM2.5 standard. See 80 FR
2206 (January 15, 2015).
    For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as ``Nonattainment New Source Review.'' See CAA
section 172(c)(5).
    ACHD's Revision 90A revises NNSR permit requirements for major
sources of PM2.5. Specifically, ACHD's Article XXI has been
amended to implement additional provisions pertaining to
PM2.5 precursors, as promulgated in EPA's rule entitled Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements (2016 Implementation Rule). See 81 FR
58010 (August 24, 2016).
    As required by EPA's 2016 Implementation Rule, which implements the
D.C. Circuit Court's January 2013 decision in NRDC v. EPA,\1\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the provisions of CAA subpart 4 section 189(e) that
require the control of major sources of PM10 precursors (and
hence under the court decision, PM2.5 precursors) ``except
where the Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' \2\ With respect the NNSR permitting requirements, the 2016
Implementation Rule therefore

amended the definitions in 40 CFR 51.165(a)(1) for (1) ``regulated NSR
pollutant'' with regard to PM2.5 precursors; (2) ``major
stationary source'' with regard to major sources locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) ``significant'' with regard to emissions of
PM2.5 precursors.
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    \1\ 706 F.3d 428 (D.C. Cir. 2013).
    \2\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    Article XXI addresses NNSR permit requirements for major sources of
PM2.5. ACHD's Revision 90A has been amended to implement
additional provisions pertaining to precursors, as promulgated in EPA's
final 2016 Implementation Rule.

B. EPA's Proposed Action

    At proposal, EPA evaluated the revised portions of Article XXI to
determine if the revisions meet current applicable requirements for a
PM2.5 NNSR permit program, as revised by EPA's 2016
Implementation Rule. Section 2102.06--(1) contains revisions to clarify
that Article XXI applies to major polluting facilities that will emit
PM2.5 or its precursors in areas designated as nonattainment
for PM2.5; (2) the definition of ``major facility'' has been
updated to include a 70 tons per year (tpy) emissions threshold for
PM2.5 and all precursors to PM2.5; (3) the
definition of ``regulated NSR pollutant'' has been updated to include
sulfur dioxide (SO2), VOC, and ammonia as PM2.5
precursors in all PM2.5 nonattainment areas; (4) revisions
were made to the definition of ``significant'' to include emission
rates for PM2.5 at 10 tpy and emission rates for
PM2.5 precursors as follows: 40 tpy of SO2, 40
tpy of VOC, 40 tpy of ammonia, and 40 tpy of nitrogen oxides
(NOX); and (5) revisions were made to clarify that under
Article XXI, ``significance level(s)'' shall mean ``significant air
quality impact'' as defined under Article XXI. EPA proposed to find
these revisions approvable and consistent applicable requirements for a
PM2.5 NNSR permit program, as revised by the 2016
Implementation Rule.
    Section 2102.06(b)(3)--Emission Offsets, establishes offset ratios
for VOC and ammonia at a ratio of 1:1 for flue emissions and fugitive
emissions in Allegheny County. EPA also proposed to find the addition
of offset ratios to be approvable, as they match what is already in
Article XXI for PM2.5 and NOX and SO2.
Further, Section 2101.20--Definitions, was amended to add values to the
table of ``significant air quality impact'' levels under 40 CFR
51.165(b)(2) for PM2.5 at 0.2[mu]g/m\3\ for the annual
averaging time and 1.2 [mu]g/m\3\ for the 24-hour averaging time. As
ACHD's annual averaging time is more stringent than what EPA requires
in 40 CFR part 51.165(b)(2), EPA therefore proposed to find this more
stringent requirement approvable.
    Other specific provisions of SIP Revision 90A and the rationale for
EPA's proposed action are explained in the NPRM and its associated
technical support document (TSD) and will not be restated here.

III. Public Comments and EPA Responses

    EPA received two comments on the March 5, 2020 NPRM. See 85 FR
12882. A summary of the comments and EPA's responses are discussed in
this section of the preamble. A copy of the comments can be found in
the docket for this rulemaking action.
    Comment 1: The first comment stated that EPA should disapprove
ACHD's SIP submission because ``it lacks the rules that other public
entities are required to meet.'' The comment also suggested that
``because the commission operates in a more limited capacity and the
rules for the governing body are less rigid, the law can be used to
prevent Allegheny County from complying with SIP requirements.'' The
comment also noted that the commission in 2013 acknowledged that it had
found a way to have regulators use the agency's own rules to change a
law (during a time period in which SIP went through changes across the
nation).'' The comment concluded by saying, ``the agency never made a
recommendation to cancel the vote.''
    Response 1: The commenter has not identified any information to
support its assertion that EPA should disapprove ACHD's 2012
PM2.5 NNSR SIP submission. In particular, the commenter
failed to identify any rules the Allegheny County SIP lacks or how any
provisions adopted by ACHD are inconsistent with the applicable
regulatory requirements. The Administrative Procedures Act does not
require that EPA change its decision based on unsupported ``comments
consisting of little more than assertions that in the opinions of the
commenters the agency got it wrong.,'' International Fabricare
Institute v. EPA, 972 F.2d 384 (D.C. Cir. 1992). EPA's review of the
2012 PM2.5 NNSR SIP submission, as explained in the NPRM and
TSD for this rulemaking action, shows that Allegheny County is meeting
the applicable requirements found in EPA's regulations, as revised by
the 2016 Implementation Rule, and the CAA. To the extent the commenter
is alleging concerns with respect to implementation of the SIP, the
commenter again provides insufficient details regarding these issues.
For example, the commenter does not identify with any specificity what
2013 action it believes is relevant or what vote was allegedly
cancelled. More importantly, concerns regarding implementation are
outside the scope of EPA's SIP review, which is focused under section
110(k) on whether the submission meets the applicable requirements of
the CAA. See, e.g., Montana Environmental Information Center v. Thomas,
902 F.3d 971, 978-79 (9th Cir. 2018). SIP approval was not arbitrary
and capricious where EPA reasonably interpreted submission as facially
meeting the applicable requirements despite alleged implementation
concerns. Accordingly, the commenter has not identified any basis for
EPA to reconsider its approval of Revision 90A into the Allegheny
County portion of the Pennsylvania SIP.
    Comment 2: The second comment stated that EPA must not approve
Revision 90A ``because Ammonia (sic) is a harmful precursor that is not
regulated by EPA.'' The comment further asserted that EPA does not have
the ``authority under the Clean Air Act of 1990 to regulate Ammonia
(sic) since it is not a NAAQS pollutant.'' Lastly, the comment suggests
that EPA should disregard this rulemaking action and move to make
ammonia a criteria pollutant, as it is a ``dangerous and extremely
harmful pollutant.''
    Response 2: EPA agrees with the commenter's assertion that ammonia
is a precursor pollutant that contributes to the formation of
PM2.5. See NRDC, 706 F.3d at 435, n. 7 (``Ammonia is a
precursor to fine particulate matter, making it a precursor to both
PM2.5 and PM10.''). However, EPA disagrees with
the comment that it does not have the authority to regulate ammonia
under the CAA. To the contrary, the D.C. Circuit Court's NRDC decision
held that areas classified as nonattainment for any PM2.5
NAAQS are required to comply with the provisions of CAA subpart 4
section 189(e) that require the control of major stationary sources of
precursors except where the Administrator determines that such sources
do not contribute significantly to levels which exceed the standard in
the area. The NNSR permit program for PM2.5 thus
presumptively applies to emissions of all precursors, including
ammonia, as well as direct PM2.5 emissions from

major sources in Allegheny County.\3\ This indicates that, contrary to
the commenter's assertion, the CAA does not limit EPA's authority to
only regulating the direct emissions of criteria pollutants for which
NAAQS are promulgated. Rather, even though ammonia is not identified
under the statute as a criteria pollutant, EPA is not only authorized,
but required to regulate ammonia as a PM2.5 precursor under
section 189(e).
---------------------------------------------------------------------------

    \3\ The provisions of subpart 4, do not define the term
``precursor'' for purposes of PM2.5, nor does subpart 4
explicitly require the control of any specifically identified
particulate matter precursor. The statutory definition of ``air
pollutant,'' however, provides that the term ``includes any
precursors to the formation of any air pollutant, to the extent the
Administrator has identified such precursor or precursors for the
particular purpose for which the term ``air pollutant'' is used.''
See CAA Section 302(g). EPA has identified the main precursor gases
associated with PM2.5 formation as SO2,
NOX, VOC, and ammonia.
---------------------------------------------------------------------------

    EPA's review of SIP Revision 90A, as explained in the NPRM and TSD
for this rulemaking action, shows that Allegheny County is meeting the
applicable requirements found in EPA's 2016 Implementation Rule, which
implements the NRDC decision, and the CAA. Therefore, EPA is finalizing
its approval of Revision 90A.

IV. Final Action

    EPA is approving amendments to ACHD Rules and Regulations, Article
XXI (Air Pollution Control), sections 2102.06 (Major Sources Locating
in or Impacting a Nonattainment Area), and 2101.20 (Definitions) as a
revision to the Allegheny County portion of the Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of ACHD's
Article XXI, sections 2102.06, and 2101.20, as described in the
amendments to 40 CFR part 52 set forth below. EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 August 14, 2020. 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 approving NNSR requirements under the 2012
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, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: May 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by:
0
a. Under ``Part A--General'' by adding a twelfth entry for ``2101.20'';
and
0
b. Under ``Part B--Permits Generally'' by revising entry ``2102.06''.
    The addition and revision read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
    Article XX or XXI                                 State                             Additional explanation/
        citation              Title/subject      effective date    EPA approval date    Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2101.20.................  Definitions..........          3/3/19  6/15/20, [insert      Adding ``Significant air
                                                                  Federal Register      quality impact'' for
                                                                  citation].            PM2.5.
----------------------------------------------------------------------------------------------------------------
                                            Part B--Permits Generally
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2102.06.................  Major Sources                  3/3/19  6/15/20, [insert      Adding requirements for
                           Locating in or                         Federal Register      2012 PM2.5 NAAQS, as it
                           Impacting a                            citation].            relates to NNSR.
                           Nonattainment Area.                                          Specifically, SO2, NOX,
                                                                                VOC, and ammonia are
                                                                                considered PM2.5
                                                                                precursors in Allegheny
                                                                                County, PA.
                                                                                Previous approval was
                                                                                March 30, 2015. Docket
                                                                                No. EPA-R03-OAR-2015-
                                                                                0636.

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

* * * * *
[FR Doc. 2020-10693 Filed 6-12-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59927-59929]
[FR Doc No: 2013-23679]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9901-49-ORD; Docket ID No. EPA-HQ-ORD-2013-0680]

Next Generation Risk Assessment: Incorporation of Recent Advances
in Molecular, Computational, and Systems Biology [External Review
Draft]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period and external peer review.

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

SUMMARY: EPA is announcing a 45-day public comment period for the draft
document titled, ``Next Generation Risk Assessment: Incorporation of
Recent Advances in Molecular, Computational, and Systems Biology
[External Review Draft]'' (EPA/600/R-13/214A). EPA is also announcing
that Eastern Research Group, Inc., an EPA contractor, will select a
group of external experts to conduct an external peer review of the
draft document. The document was prepared by the National Center for
Environmental Assessment within

EPA's Office of Research and Development (ORD) as part of the Agency's
Chemical Safety for Sustainability Research Program.
    EPA is releasing this draft document for the purposes of public
comment and external peer review. This draft document is not final as
described in EPA's information quality guidelines, and it does not
represent and should not be construed to represent Agency policy or
views. The public comment period and the external peer review are
separate processes that provide opportunities for all interested
parties to comment on the document. When finalizing the draft document,
EPA intends to consider the external peer reviewer's comments and any
public comments that EPA receives in accordance with this notice.
    The draft document and EPA's peer review charge are available via
the Internet on the NCEA home page under the Recent Additions and the
Data and Publications menus at http://www.epa.gov/ncea.

DATES: The 45-day public comment period begins September 30, 2013, and
ends November 14, 2013. Technical comments should be in writing and
must be received by EPA by November 14, 2013.

ADDRESSES: The draft ``Next Generation Risk Assessment: Incorporation
of Recent Advances in Molecular, Computational, and Systems Biology
[External Review Draft]'' is available primarily via the Internet on
the NCEA home page under the Recent Additions and the Data and
Publications menus at http://www.epa.gov/ncea. A limited number of
paper copies will be available from Ms. Marieka Boyd by phone: 919-541-
0031; fax:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>If you are
requesting a paper copy, please provide your name, your mailing
address, and the document title, ``Next Generation Risk Assessment:
Incorporation of Recent Advances in Molecular, Computational, and
Systems Biology [External Review Draft]'' (EPA/600/R-13/214A) to
facilitate processing of your request.
    Comments may be submitted electronically via www.regulations.gov,
by mail, by facsimile, or by hand delivery/courier. Please follow the
detailed instructions provided in the SUPPLEMENTARY INFORMATION section
of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the ORD Docket at the EPA Headquarters Docket Center;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>    For technical information, contact Dr. Lyle Burgoon, NCEA;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Project/Document

    The Next Generation (NexGen) Risk Assessment project was initiated
in 2010 as a multi-year, multi-organization effort to consider new
molecular, computational, and systems biology approaches for use in
risk assessments. The specific aims of the NexGen effort, described in
this draft report, are to: (1) Demonstrate proof of concept that the
data and methods from recent advances in biology can inform risk
assessment; (2) identify which of the information resources and
practices are most useful for particular purposes (value of
information); (3) develop decision considerations for use of different
types of NexGen data and methods to inform different types of
assessments; and (4) identify priority research needs.
    The ``Next Generation Risk Assessment: Incorporation of Recent
Advances in Molecular, Computational, and Systems Biology [External
Review Draft]'' presents the results and lessons learned from the
prototypes/case studies for use of molecular, computational, and
systems biology data in risk assessment. The prototype results
demonstrated proof of concept for an integrated approach to
incorporating molecular, computational, and systems biology data in
risk assessment and considered various data types for specific
assessment purposes. The lessons learned from this project suggested
research needs and near- and longer-term implications of incorporating
molecular, computational, and systems biology data in risk assessment.

II. How to Submit Technical Comments to the Docket at
www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2013-
0680, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (ORD Docket), (Mail Code: 28221T), 1200 Pennsylvania Avenue NW.,
Washington, DC 20460. The phone number is<PHONE_NUMBER>. If you provide
comments by mail, please submit one unbound original with pages
numbered consecutively, and three copies of the comments. For
attachments, provide an index, number pages consecutively with the
comments, and submit an unbound original and three copies.
     Hand Delivery: The ORD Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Avenue NW., Washington, DC. The EPA Docket Center's Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. If you provide comments by
hand delivery, please submit one unbound original with pages numbered
consecutively, and three copies of the comments. For attachments,
provide an index, number pages consecutively with the comments, and
submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2013-0680. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. 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 home
page at www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
    Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the ORD Docket
in the EPA Headquarters Docket Center.

    Dated: September 19, 2013.
Debra B. Walsh,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2013-23679 Filed 9-27-13; 8:45 am]
BILLING CODE 6560-50-P