[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11204-11211]
[FR Doc No: 2021-03035]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0650: FRL-10019-28-Region 10]

Air Plan Approval; Washington; Spokane Regional Clean Air Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Washington State Implementation Plan (SIP)
that was submitted by the Department of Ecology (Ecology) in
coordination with the Spokane Regional Clean Air Agency (SRCAA). This
proposed revision updates the SIP with local SRCAA regulations that
apply in lieu of, or in supplement to, Ecology's statewide general air
quality regulations for SRCAA's jurisdiction. We are also proposing to
approve SRCAA's adoption by reference of certain Ecology general air
quality regulations, which do not have local agency replacement

corollaries, to apply in SRCAA's jurisdiction.

DATES: Written comments must be received on or before March 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0650 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA. This
supplementary information section is arranged as follows:

Table of Contents

I. Background for Proposed Action
II. The Submitted SRCAA Regulations
    A. Article I--Policy, Short Title, and Definitions
    B. Article II--General Provisions
    C. Article IV--Registration
    D. Article V--New Source Review for Stationary Sources and
Portable Sources
    E. Article VI--Emissions Prohibited
III. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the
SIP
    B. Approved but Not Incorporated by Reference Regulations
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On January 27, 2014, Ecology submitted revisions to update the
general air quality regulations contained in Chapter 173-400 Washington
Administrative Code (WAC), which the EPA approved in three phases on
October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and
April 29, 2015 (80 FR 23721).\1\ Under the revised applicability
provisions of WAC 173-400-020 approved into the SIP on October 3, 2014,
the regulations contained in Chapter 173-400 WAC apply statewide, ``. .
. except for specific subsections where a local authority has adopted
and implemented corresponding local rules that apply only to sources
subject to local jurisdiction as provided under Revised Code of
Washington (RCW) 70.94.141 and 70.94.331.'' \2\ Therefore, the EPA's
approval of Ecology's January 2014 submittal applied only to geographic
areas and source categories under Ecology's direct jurisdiction. We
stated that we would address the revised Chapter 173-400 WAC
regulations as they apply to local clean air agency jurisdictions on a
case-by-case basis in separate, future actions.
---------------------------------------------------------------------------

    \1\ The EPA approved subsequent, minor updates to Chapter 173-
400 WAC on September 29, 2016 (81 FR 66823), October 6, 2016 (81 FR
69385), and February 24, 2020 (85 FR 10302).
    \2\ For a more detailed discussion see page 39352 of the EPA's
proposed approval of WAC 173-400-020 (79 FR 39351, July 10, 2014).
---------------------------------------------------------------------------

    On November 24, 2020, the Director of Ecology, as the Governor's
designee for SIP revisions, submitted a request to update the air
quality regulations in the SIP as they apply to SRCAA's jurisdiction in
40 CFR 52.2470(c), Table 9--Additional Regulations Approved for the
Spokane Regional Clean Air Agency (SRCAA) Jurisdiction. SRCAA's
jurisdiction applies within Spokane County, excluding certain
facilities discussed in section III.D. Scope of Proposed Action of this
document. SRCAA's jurisdiction also excludes Indian reservation land or
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction.
    Appendix A of the SIP revision show how the submitted regulatory
updates would apply to SRCAA's jurisdiction. These revisions can be
summarized in two categories. The first category consists of local
SRCAA regulations submitted for approval into the SIP. These SRCAA
provisions can apply in lieu of, or serve as a supplement to, the
statewide Chapter 173-400 WAC provisions. The second category consists
of Chapter 173-400 WAC provisions adopted by reference in SRCAA
Regulation I, subsection 2.14(A)(1). The EPA's proposed approval of the
Chapter 173-400 WAC provisions adopted by reference for SRCAA's
jurisdiction would be subject to the same general exceptions that apply
to Ecology's direct jurisdiction. For example, as part of the January
2014 submittal of Chapter 173-400 WAC, Ecology did not submit for
approval those provisions related to the regulation of toxic air
pollutants or odor because such provisions are outside the scope of
SIPs under Clean Air Act (CAA) section 110. Lastly, the EPA has not yet
acted upon all updates to Chapter 173-400 WAC. Therefore, SRCAA and
Ecology only requested approval of those WAC provisions that the EPA
already approved for Ecology's direct jurisdiction.\3\
---------------------------------------------------------------------------

    \3\ See 85 FR 10301 (February 24, 2020). For those Chapter 173-
400 WAC provisions not requested for approval at this time, we will
retain our prior June 2, 1995 (60 FR 28726) approval of those
provisions for SRCAA's jurisdiction. These provisions include WAC
173-400-030(24) [subsequently renumbered to 173-400-030(32)], 173-
400-040(1)(a) & (b) [subsequently renumbered to 173-400-040(2)(a) &
(b)], 173-400-070, WAC 173-400-081, and WAC 173-400-107. We will
also retain our June 2, 1995, approval for WAC 173-400-161, 173-400-
190, 173-400-205, and 173-400-210 because these provisions have not
changed since our last approval.
---------------------------------------------------------------------------

II. The Submitted SRCAA Regulations

    The EPA last approved updates to the SRCAA regulations on September
28, 2015 (80 FR 58216) and April 12, 2016 (81 FR 21471). The 2015 and
2016 SIP revisions pertained primarily to solid fuel burning devices
and particulate matter controls. In this proposed revision to the SIP,
SRCAA and Ecology submitted the following general provisions and
corollaries to Chapter 173-400 WAC as described below.

A. Article I--Policy, Short Title, and Definitions

    SRCAA and Ecology submitted sections 1.01 Policy, 1.02 Name of
Agency and 1.03 Short Title for approval and incorporation in the SIP.
Subsections 1.01(A) Agency and Jurisdiction and 1.01(B) Public Policy
replace WAC 173-400-010 Policy and Purpose. We note that subsection
1.01(C)(1) Applicability supplements but does not replace WAC 173-400-
020 Applicability. Therefore, the EPA is proposing to approve both
subsection 1.01(C)(1) and the most recent update to WAC 173-400-020,
adopted by reference, to apply within SRCAA's jurisdiction. Subsection
1.01(C)(2) specifies ``Agency regulations that have been or will be
approved by the United States Environmental Protection Agency (EPA) for
inclusion in the Washington State Implementation Plan (SIP) apply for
purposes of Washington's SIP, only to the following: (a) Those air
contaminants for which the EPA has

established National Ambient Air Quality Standards (NAAQS) and
precursors to such NAAQS pollutants as determined by the EPA for the
applicable geographic area; and (b) Any additional air contaminants
that are required to be regulated under Part C of Title I of the
Federal Clean Air Act (FCAA), relating to prevention of significant
deterioration and visibility, but only for the purpose of meeting the
requirements of Part C of Title I of the FCAA or to the extent those
additional air contaminants are regulated in order to avoid such
requirements.'' Subsection 1.01(C)(2) is consistent with the EPA's
prior approval of Chapter 173-400 WAC (see 79 FR 59653, October 3,
2014).
    SRCAA and Ecology submitted section 1.04 General Definitions to
replace the corresponding definitions contained in WAC 173-400-030. A
redline/strikeout analysis of the section 1.04 definitions compared to
the WAC 173-400-030 definitions is included in the docket for this
action. Both sets of definitions are consistent, with minor wording
changes for clarity or to reflect local agency implementation. Although
the definitions in section 1.04 generally mirror the WAC 173-400-030
definitions, not all WAC 173-400-030 definitions appear in section
1.04. In these instances, SRCAA adopted by reference the following WAC
173-400-030 definitions in subsection 2.14(A)(1) and submitted them for
approval in the SIP: Adverse Impact on Visibility; Capacity Factor;
Class I Area; Dispersion Technique; Emission Threshold; Excess Stack
Height; Existing Stationary Facility; Federal Class I Area; Federal
Land Manager; Fossil Fuel-fired Steam Generator; General Process Unit;
Greenhouse Gases; Industrial Furnace; Mandatory Class I Federal Area;
Natural Conditions; Projected Width; Reasonably Attributable; Sulfuric
Acid Plant; and Wood Waste. Consistent with our prior approvals of
Chapter 173-400 WAC, SRCAA did not submit definitions related to toxic
air pollutants or odors, because they are outside the scope of SIPs
under CAA section 110. As previously noted, the EPA has not acted upon
all updates to Chapter 173-400 WAC. Therefore, SRCAA and Ecology
requested approval for only those WAC definitions, or SRCAA corollaries
to those definitions, that the EPA already approved for Ecology's
direct jurisdiction.\4\
---------------------------------------------------------------------------

    \4\ For more information please see the EPA's review of Article
I included in the docket for this proposed action.
---------------------------------------------------------------------------

    Lastly, SRCAA submitted section 1.05 Acronym Index for approval in
the SIP. We note that many of the acronyms relate to program areas
outside the scope of the SIP such as Toxic Air Pollutant (TAP) and are
provided for informational purposes only.

B. Article II--General Provisions

    Article II primarily contains SRCAA's general implementation and
enforcement authorities. As noted in previous approval actions, the EPA
reviews and approves state and local clean air agency submissions to
ensure they provide adequate enforcement authority and other general
authority to implement and enforce the SIP. However, regulations
describing such agency enforcement and other general authority are
generally not incorporated by reference to avoid potential conflict
with the EPA's independent authorities.\5\ Therefore, we are proposing
to approve, but not incorporate by reference into the SIP, sections
2.01 Powers and Duties of the Board, 2.02 Control Office's Duties and
Powers [section 2.02(E) replaces WAC 173-400-105(3)], 2.03 Confidential
or Proprietary Information, 2.04 Violations [replaces WAC 173-400-
230(1) & (6)], 2.05 Orders and Hearings, 2.06 Appeal of Board Orders
[replaces WAC 173-400-250], 2.10 Severability, 2.11 Penalties, Civil
Penalties, and Additional Means for Enforcement [replaces WAC 173-400-
230(2) & (3)], and 2.12 Restraining Orders--Injunctions [replaces WAC
173-400-230(4)].
---------------------------------------------------------------------------

    \5\ See Benton Clean Air Agency (80 FR 71695, November 17,
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30,
2017), Northwest Clean Air Agency (85 FR 36154, June 15, 2020),
Puget Sound Clean Air Agency (85 FR 22355, April 22, 2020), and
Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
---------------------------------------------------------------------------

    In addition to the Article II general implementation and
enforcement authorities described above, SRCAA and Ecology submitted
sections or subsections 2.08(E), 2.08(F), 2.09, 2.13, and 2.14(A)(1) to
be approved and incorporated by reference into the SIP, making these
provisions federally enforceable upon EPA approval. Specifically,
subsection 2.08(E) False Statements replaces 173-400-105(6); subsection
2.08(F) Render Inaccurate replaces WAC 173-400-105(8); section 2.09
contains SRCAA's source testing requirements and replaces WAC 173-400-
105(4); and subsection 2.13(A) adopts by reference federal regulations
cited in Regulation I as they existed on January 1, 2020. As part of
SRCAA's adoption by reference of the WAC in section 2.14, SRCAA
explicitly did not adopt by reference WAC 173-400-025 Adoption of
Federal Rules in order to avoid conflicting with subsubsection 2.13(A).
Therefore, for this proposed approval, references to ``in effect on the
date in WAC 173-400-025'' as part of the SRCAA's adoption by reference
of Chapter 173-400 WAC is understood to be January 1, 2020, consistent
with subsection 2.13(A). Similarly, section 2.13(B) establishes the
adoption by reference date of state regulations cited in section 2.14,
as January 1, 2020, unless a different date is listed in section 2.14.
    Subsection 2.14(A)(1) lists the specific Chapter 173-400 WAC
provisions adopted by reference for SRCAA's jurisdiction. As previously
noted, the regulations contained in Chapter 173-400 WAC apply statewide
except for specific subsections where a local authority has adopted and
implemented corresponding local rules. A table listing the Chapter 173-
400 WAC provisions adopted by reference and proposed for approval in
SRCAA's jurisdiction is included in section III of this proposal. We
note that subsections 2.14(A)(2) through (11) apply in SRCAA's
jurisdiction according to the terms of the relevant state regulations
already approved into the SIP and do not need to be included as part of
the local agency SIP submission.\6\ Similarly, the adoption by
reference of federal provisions in sections 2.16, 2.17, 2.18 and 2.19
are already applicable as federal requirements and are typically not
submitted or approved as part of a state or local air agency SIP.
---------------------------------------------------------------------------

    \6\ Not all state regulations cited in subsections 2.14(A)(2)
through (11) pertain to the regulation of criteria air pollutants
under CAA section 110, nor do they apply universally to all
geographic areas. Please see 40 CFR 52.2470(c) Table 1 for more
information about the EPA's approval of the state regulations.
---------------------------------------------------------------------------

C. Article IV--Registration

    SRCAA uses a registration-based, source category approach in
section 4.04 Stationary Sources and Source Categories Subject to
Registration for determining new source review (NSR) applicability
under Article V New Source Review for Stationary Sources and Portable
Sources. This approach mirrors the Chapter 173-400 WAC structure
currently approved by the EPA for SRCAA's jurisdiction (60 FR 28726,
June 2, 1995). In our July 10, 2014, proposed approval of revisions to
Chapter 173-400 WAC for Ecology's direct jurisdiction, Ecology
requested, and the EPA approved, removal of Ecology's registration
program as a means of determining NSR applicability in the SIP (see 79
FR 39351, at page 39354). Instead, Ecology moved to an exemption-based
NSR applicability structure using emission unit and

activity exemptions in WAC 173-400-110(4) and exemptions based on
emissions thresholds in WAC 173-400-110(5), which the EPA approved on
October 3, 2014 (79 FR 59653). We note that subsection 4.04(A)(5)(a)
contains emissions thresholds equivalent to, or more stringent than,
the corresponding NSR applicability emission exemption levels in WAC
173-400-110(5). We also note that subsection 4.04(A)(5) applies to any
stationary source or stationary source category not otherwise
identified, making SRCAA's NSR program more stringent than the emission
unit and activity exemptions in WAC 173-400-110(4). Because SRCAA's NSR
program continues to be based on the applicability of its registration
program, we are proposing to approve and incorporate by reference in
the SIP section 4.04, except for those provisions related to the
regulation of toxic air pollutants or odors which are outside the scope
of the SIP. In addition to section 4.04, the other sections or
subsections SRCAA submitted for approval are 4.03(B) Exemption
Documentation, 4.03(C) Compliance with Regulation I, and 4.05 Closure
of a Stationary Source or Emission Units, all provisions of its
registration program used for NSR applicability.
    The other provisions of SRCAA's registration program do not impose
air pollution control requirements on sources or implement or enforce
federal requirements. As discussed in the EPA's removal of WAC 173-400-
100 Registration from the SIP for Ecology's direct jurisdiction, these
remaining registration provisions are not required SIP elements (79 FR
59653, October 3, 2014).\7\ Therefore, SRCAA did not submit these other
provisions as part of its SIP and requested that the EPA remove the
citation to WAC 173-400-100 in the SIP for SRCAA's jurisdiction.
---------------------------------------------------------------------------

    \7\ For a more detailed discussion, please see our proposed
rulemaking (79 FR 39351, July 10, 2014, at page 39354).
---------------------------------------------------------------------------

D. Article V--New Source Review for Stationary Sources and Portable
Sources

    As discussed above, section 4.04 in combination with section 5.02
New Source Review--Applicability and when Required replaces WAC 173-
400-110 New Source Review (NSR) for Sources and Portable Sources in
determining NSR applicability for sources under SRCAA's jurisdiction.
Similarly, sections 5.04 Information Required, 5.06 Application
Completeness Determination, 5.07 Processing NOC Applications for
Stationary Sources, 5.10 Changes to an Order of Approval or Permission
to Operate, 5.13 Order of Approval Construction Time Limits, and 5.14
Appeals, collectively, replace the permitting procedures in WAC 173-
400-111 Processing Notice of Construction Applications for Sources,
Stationary Sources and Portable Sources. Lastly, sections 5.05 Public
Involvement and 5.08 Portable Sources replace WAC 173-400-171 Public
Notice and Opportunity for Public Comment and WAC 173-400-036
Relocation of Portable Sources, respectively. An analysis of the SRCAA
provisions with the corresponding WAC corollaries they replace is
included in the docket for this action. SRCAA and Ecology also
submitted for approval sections 5.09 Operating Requirements for Order
of Approval and Permission to Operate, 5.11 Notice of Startup of a
Stationary Source or a Portable Source, 5.12 Work Done Without an
Approval, and 5.15 Obligation to Comply, all of which have no direct
corollary under Chapter 173-400 WAC. For other new source review
permitting requirements SRCAA relies on the adoption by reference of
Chapter 173-400 WAC.
    As discussed in section III.D Scope of Proposed Action of this
document, Ecology and the Energy Facility Site Evaluation Council
(EFSEC) have direct permitting authority for certain source categories,
including the Prevention of Significant Deterioration (PSD) new source
review permitting program for major stationary sources in attainment
and unclassifiable areas. In these cases, SRCAA retains citations to
the PSD program, implemented under WAC 173-400-700 through 173-400-750,
for purposes such as working on permit coordination with Ecology,
enforcing existing PSD permit conditions not yet incorporated into
Title V permits, and determining violations for inspected facilities
that failed to obtain the necessary PSD permits. However, SRCAA is not
requesting, and the EPA is not proposing to approve, the authority to
issue PSD permits under WAC 173-400-700 through 173-400-750 for SRCAA's
direct permitting jurisdiction.
    With respect to stationary sources in nonattainment areas, SRCAA
does not currently have a designated nonattainment area. In the event
that a nonattainment area is designated in the future, SRCAA adopts by
reference the following WAC provisions for implementation of the
nonattainment new source review (NNSR) program, and the accompanying
visibility permitting requirements for major stationary sources: WAC
173-400-112 Requirements for New Sources in Nonattainment Areas--Review
for Compliance with Regulations, WAC 173-400-117 Special Protection
Requirements for Federal Class I Areas, WAC 173-400-131 Issuance of
Emission Reduction Credits, 173-400-136 Use of Emission Reduction
Credits (ERC), as well as the major stationary source NNSR provisions
contained in WAC 173-400-800 through 173-400-860.\8\
---------------------------------------------------------------------------

    \8\ The EPA approved WAC 173-400-800 through 173-400-860 for
Ecology's direct permitting jurisdiction on November 7, 2014 (79 FR
59653), with minor revisions to reflect updated federal citations on
October 6, 2016 (81 FR 69385). In connection with our November 7,
2014 approval, we reviewed WAC 173-400-800 through 173-400-860
pursuant to the federal regulatory requirements in existence at that
time, and discussed the fact that the EPA's 2008 PM2.5
New Source Review Rule (73 FR 28321, May 16, 2008), had been
remanded to the EPA by the U.S. Court of Appeals for the District of
Columbia Circuit. See 79 FR 43345, 43347 (July 25, 2014) (proposed
action); 79 FR 59653 (final action). EPA's 2008 PM2.5 New
Source Review Rule has since been replaced by a revised
implementation rule published August 24, 2016, which imposed
additional NNSR requirements for PM2.5 nonattainment
areas (81 FR 58010). Because there are currently no nonattainment
areas within NWCAA's jurisdiction or Washington State for any
criteria pollutant, including PM2.5, the EPA did not
review WAC 173-400-800 through 173-400-860 for consistency with the
newly revised PM2.5 implementation rule; nor does Ecology
or NWCAA have an obligation to submit rule revisions to address the
2016 PM2.5 implementation rule at this time. However, we
note that the federal major stationary source NNSR requirements
remain unchanged for all other criteria pollutants since our review
and approval of WAC 173-400-800 through 173-400-860.
---------------------------------------------------------------------------

E. Article VI--Emissions Prohibited

    As part of the SIP revision, SRCAA and Ecology submitted only those
Article VI provisions which are corollaries to, or supplement, certain
SIP-approved provisions contained in WAC 173-400-040 General Standards
for Maximum Emissions. Specifically, SRCAA and Ecology submitted
subsection 6.04(C) Emissions Detrimental to Persons or Property as a
direct replacement for the equivalent corollary in WAC 173-400-040(6).
SRCAA and Ecology also submitted 6.04 subsections (A), (B), and (H) to
supplement and implement subsection 6.04(C). However, SRCAA and Ecology
did not submit the odor-related provisions of section 6.04 because
these provisions are outside the scope of the SIP.\9\ SRCAA and Ecology
also submitted sections 6.05 Particulate Matter and Preventing
Particulate

Matter from Becoming Airborne (except subsection A), 6.14 Standards for
Control of Particulate Matter on Paved Surfaces, and 6.15 Standards for
Control of Particulate Matter on Unpaved Roads to supplement but not
replace corresponding corollary provisions in WAC 173-400-040(4) and
(9). We note that the EPA previously approved these provisions on April
12, 2016 (81 FR 21471). The resubmitted versions contain minor edits to
clarify geographic applicability and improve readability. Lastly, SRCAA
and Ecology submitted section 6.07 Emission of Air Contaminant
Concealment and Masking Restricted which is a nearly verbatim
replacement of WAC 173-400-040(8) Concealment and Masking. An analysis
of the Article VI provisions submitted for approval is included in the
docket for this action.
---------------------------------------------------------------------------

    \9\ In our approval of WAC 173-400-040 for Ecology's direct
jurisdiction, Ecology did not submit, and the EPA did not approve,
WAC 173-400-040(5) Odors because that section was not related to
criteria pollutants regulated under title I of the CAA, not
essential for meeting and maintaining the NAAQS, or not related to
the requirements for SIPs under section 110 of the CAA. See 79 FR
39351, July 10, 2014, at page 39353.
---------------------------------------------------------------------------

III. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA is proposing to approve and incorporate by reference into
the Washington SIP at 40 CFR 52.2470(c), Table 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction, the SRCAA and Ecology regulations listed in Tables 1 and
2 for sources under SRCAA's jurisdiction.

    Table 1--Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by
                                                    Reference
----------------------------------------------------------------------------------------------------------------
                                                                  State/local
      State/local  citation               Title/subject         effective date             Explanation
----------------------------------------------------------------------------------------------------------------
1.01.............................  Policy.....................        09/01/20  Subsections (A) and (B) replace
                                                                                WAC 173-400-010.
1.02.............................  Name of Agency.............        09/01/20  ................................
1.03.............................  Short Title................        09/01/20  ................................
1.04.............................  General Definitions........        09/01/20  Except subsections (17), (41),
                                                                                (52), (60), (74), (101), (112),
                                                                                (119), and (122). Section 1.04
                                                                                replaces WAC 173-400-030 except
                                                                                the WAC 173-400-030 definitions
                                                                                list below.
1.05.............................  Acronym Index..............        09/01/20  ................................
2.08.............................  Falsification of Statements        09/01/20  Subsections (E) and (F) only.
                                    or Documents, and                            Subsection (E) replaces WAC 173-
                                    Treatment of Documents.                      400-105(6). Subsection (F)
                                                                                replaces WAC 173-400-105(8).
2.09.............................  Source Tests...............        09/01/20  Section 2.09 replaces WAC 173-
                                                                                400-105(4).
2.13.............................  Federal and State                  09/01/20  Subsection (A) replaces WAC 173-
                                    Regulation Reference Date.                   400-025.
2.14.............................  Washington Administrative          09/01/20  Subsection (A)(1) only, and only
                                    Codes (WACS).                                with respect to those revised
                                                                                Chapter 173-400 WAC provisions
                                                                                that are identified for
                                                                                incorporation by reference in
                                                                                the table below.
4.03.............................  Registration Exemptions....        09/01/20  Subsections (B) and (C) only.
4.04.............................  Stationary Sources and             09/01/20  Except subsections (A)(3)(u),
                                    Source Categories Subject                    (A)(3)(v), (A)(5)(b),
                                    to Registration.                             (A)(5)(e)(9), or any other
                                                                                provision as it relates to the
                                                                                regulation of toxic air
                                                                                pollutants or odors.
4.05.............................  Closure of a Stationary            09/01/20  ................................
                                    Source or Emissions
                                    Unit(s).
5.02.............................  New Source Review--                09/01/20  Except subsections (C)(5) and
                                    Applicability and when                       (I). Section 5.02 Replaces WAC
                                    Required.                                    173-400-110. Subsection (F)
                                                                                replaces WAC 173-400-111(2).
5.03.............................  NOC and PSP Fees...........        09/01/20  ................................
5.04.............................  Information Required.......        09/01/20  Except subsection (A)(8).
                                                                                Collectively, sections 5.04,
                                                                                5.06, 5.07, 5.10, 5.13, and
                                                                                5.14 replace the permitting
                                                                                procedures in WAC 173-400-111.
5.05.............................  Public Involvement.........        09/01/20  Except subsection (C)(15).
                                                                                Section 5.05 replaces WAC 173-
                                                                                400-171.
5.06.............................  Application Completeness           09/01/20  Collectively, sections 5.04,
                                    Determination.                               5.06, 5.07, 5.10, 5.13, and
                                                                                5.14 replace the permitting
                                                                                procedures in WAC 173-400-111.
5.07.............................  Processing NOC Applications        09/01/20  Except subsections (A)(1)(g) and
                                    for Stationary Sources.                      (B). Collectively, sections
                                                                                5.04, 5.06, 5.07, 5.10, 5.13,
                                                                                and 5.14 replace the permitting
                                                                                procedures in WAC 173-400-111,
                                                                                and subsection 5.07(A)(7)
                                                                                replaces WAC 173-400-110(2)(a).
5.08.............................  Portable Sources...........        09/01/20  Except subsection (A)(6).
                                                                                Section 5.08 replaces WAC 173-
                                                                                400-036.
5.09.............................  Operating Requirements for         09/01/20  Except subsection (C).
                                    Order of Approval and
                                    Permission to Operate.
5.10.............................  Changes to an Order of             09/01/20  Collectively, sections 5.04,
                                    Approval or Permission to                    5.06, 5.07, 5.10, 5.13, and
                                    Operate.                                     5.14 replace the permitting
                                                                                procedures in WAC 173-400-111.
5.11.............................  Notice of Startup of a             09/01/20  ................................
                                    Stationary Source or a
                                    Portable Source.
5.12.............................  Work Done Without an               09/01/20  ................................
                                    Approval.
5.13.............................  Order of Approval                  09/01/20  Collectively, sections 5.04,
                                    Construction Time Limits.                    5.06, 5.07, 5.10, 5.13, and
                                                                                5.14 replace the permitting
                                                                                procedures in WAC 173-400-111.
5.14.............................  Appeals....................        09/01/20  Collectively, sections 5.04,
                                                                                5.06, 5.07, 5.10, 5.13, and
                                                                                5.14 replace the permitting
                                                                                procedures in WAC 173-400-111.
5.15.............................  Obligation to Comply.......        09/01/20  ................................
6.04.............................  Emission of Air                    09/01/20  Subsections (A), (B), (C), and
                                    Contaminant: Detriment to                    (H) only and excepting
                                    Person or Property.                          provisions in RCW 70.94.640
                                                                                (incorporated by reference)
                                                                                that relate to odor. Subsection
                                                                                (C) replaces WAC 173-400-
                                                                                040(6).

6.05.............................  Particulate Matter and             09/01/20  Except subsection (A). Section
                                    Preventing Particulate                       6.05 supplements but does not
                                    Matter from Becoming                         replace WAC 173-400-040(4) and
                                    Airborne.                                    (9).
6.07.............................  Emission of Air Contaminant        09/01/20  Section 6.07 replaces WAC 173-
                                    Concealment and Masking                      400-040(8).
                                    Restricted.
6.14.............................  Standards for Control of           09/01/20  Section 6.14 supplements but
                                    Particulate Matter on                        does not replace WAC 173-400-
                                    Paved Surfaces.                              040(9).
6.15.............................  Standards for Control of           09/01/20  Section 6.15 supplements but
                                    Particulate Matter on                        does not replace WAC 173-400-
                                    Unpaved Roads.                               040(9).
----------------------------------------------------------------------------------------------------------------

    Table 2 shows the Chapter 173-400 WAC provisions adopted by
reference in Regulation I, subsection 2.14(A)(1) that SRCAA and Ecology
submitted to apply within SRCAA's jurisdiction. We note that many of
the exclusions listed below are identical to the exclusions for
Ecology's direct jurisdiction. We also note that SRCAA and Ecology did
not submit updates to all the Chapter 173-400 WAC provisions. For these
remaining provisions we will retain our prior approval of the WAC (60
FR 28726, June 2, 1995).

   Table 2--Washington Department of Ecology Regulations for Proposed Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                  State/local
      State/local  citation               Title/subject         effective date             Explanation
----------------------------------------------------------------------------------------------------------------
                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-020......................  Applicability..............        12/29/12  ................................
173-400-030......................  Definitions................         9/16/18  Only the following definitions:
                                                                                Adverse Impact on Visibility;
                                                                                Capacity Factor; Class I Area;
                                                                                Dispersion Technique; Emission
                                                                                Threshold; Excess Stack Height;
                                                                                Existing Stationary Facility;
                                                                                Federal Class I Area; Federal
                                                                                Land Manager; Fossil Fuel-fired
                                                                                Steam Generator; General
                                                                                Process Unit; Greenhouse Gases;
                                                                                Industrial Furnace; Mandatory
                                                                                Class I Federal Area; Natural
                                                                                Conditions; Projected Width;
                                                                                Reasonably Attributable;
                                                                                Sulfuric Acid Plant; and Wood
                                                                                Waste.
173-400-040......................  General Standards for               9/16/18  Except: 173-400-040(2); 173-400-
                                    Maximum Emissions.                           040(3); 173-400-040(5); 173-400-
                                                                                040(6); 173-400-040(8).
173-400-050......................  Emission Standards for              9/16/18  Except: 173-400-050(2); 173-400-
                                    Combustion and                               050(4); 173-400-050(5); 173-400-
                                    Incineration Units.                          050(6).
173-400-060......................  Emission Standards for             11/25/18  ................................
                                    General Process Units.
173-400-091......................  Voluntary Limits on                  4/1/11  9/20/93 version continues to be
                                    Emissions.                                   approved under the authority of
                                                                                CAA Section 112(l) with respect
                                                                                to Section 112 hazardous air
                                                                                pollutants. See 60 FR 28726
                                                                                (June 2, 1995).
173-400-105......................  Records, Monitoring, and           11/25/18  Except: 173-400-105(3); 173-400-
                                    Reporting.                                   105(4); 173-400-105(6); 173-400-
                                                                                105(8).
173-400-112......................  Requirements for New               12/29/12  ................................
                                    Sources in Nonattainment
                                    Areas--Review for
                                    Compliance with
                                    Regulations.
173-400-113......................  New Sources in Attainment          12/29/12  Except: 173-400-113(3), second
                                    or Unclassifiable Areas--                    sentence.
                                    Review for Compliance with
                                    Regulations.
173-400-117......................  Special Protection                 12/29/12  ................................
                                    Requirements for Federal
                                    Class I Areas.
173-400-118......................  Designation of Class I, II,        12/29/12  ................................
                                    and III Areas.
173-400-131......................  Issuance of Emission                 4/1/11  ................................
                                    Reduction Credits.
173-400-136......................  Use of Emission Reduction            4/1/11  ................................
                                    Credits (ERC).
173-400-151......................  Retrofit Requirements for           2/10/05  ................................
                                    Visibility Protection.
173-400-175......................  Public Information.........         2/10/05  ................................
173-400-200......................  Creditable Stack Height and         2/10/05  ................................
                                    Dispersion Techniques.
173-400-560......................  General Order of Approval..        12/29/12  Except: The part of 173-400-
                                                                                560(1)(f) that says, ``173-460
                                                                                WAC''.

173-400-800......................  Major Stationary Source and          4/1/11  EPA did not review WAC 173-400-
                                    Major Modification in a                      800 through 860 for consistency
                                    Nonattainment Area.                          with the August 24, 2016 PM2.5
                                                                                implementation rule (81 FR
                                                                                58010); nor does SRCAA have an
                                                                                obligation to submit rule
                                                                                revisions to address the 2016
                                                                                PM2.5 implementation rule at
                                                                                this time.
173-400-810......................  Major Stationary Source and          7/1/16  ................................
                                    Major Modification
                                    Definitions.
173-400-820......................  Determining if a New               12/29/12  ................................
                                    Stationary Source or
                                    Modification to a
                                    Stationary Source is
                                    Subject to these
                                    Requirements.
173-400-830......................  Permitting Requirements....          7/1/16  ................................
173-400-840......................  Emission Offset                      7/1/16  ................................
                                    Requirements.
173-400-850......................  Actual Emissions Plantwide           7/1/16  ................................
                                    Applicability.
                                   Limitation (PAL)...........
173-400-860......................  Public Involvement                   4/1/11  ................................
                                    Procedures.
----------------------------------------------------------------------------------------------------------------

B. Approved but Not Incorporated by Reference Regulations

    As discussed above, we are proposing to approve the following
updates to SRCAA's general provisions for inclusion in 40 CFR
52.2470(e), Table 1--Approved but Not Incorporated by Reference
Regulations: sections 2.01 Powers and Duties of the Board, 2.02 Control
Office's Duties and Powers [section 2.02(E) replaces WAC 173-400-
105(3)], 2.03 Confidential or Proprietary Information, 2.04 Violations
[replaces WAC 173-400-230(1) & (6)], 2.05 Orders and Hearings, 2.06
Appeal of Board Orders [replaces WAC 173-400-250], 2.10 Severability,
2.11 Penalties, Civil Penalties, and Additional Means for Enforcement
[replaces WAC 173-400-230(2) & (3)], and 2.12 Restraining Orders--
Injunctions [replaces WAC 173-400-230(4)]. We also note that SRCAA
adopts by reference WAC 173-400-220 Requirements for Board Members,173-
400-230 Regulatory Actions, 173-400-240 Criminal Penalties, 173-400-250
Appeals, and 173-400-260 Conflict of Interest to apply within its
jurisdiction in the approved but not incorporated by reference section
of the SIP.

C. Regulations To Remove From the SIP

    We are proposing to remove from the SIP for SRCAA's jurisdiction
any formerly approved Chapter 173-400 WAC provisions which are replaced
by local agency corollaries as described above. We are also proposing
to remove WAC 173-400-100 Registration from the SIP for SRCAA's
jurisdiction because it is not a required SIP element as described
above in the discussion of Article IV. Lastly, we are proposing to
remove the outdated and subsequently repealed Regulation II, section
4.01 because these requirements were replaced by SRCAA's adoption by
reference of WAC 173-400-050 and WAC 173-400-060.\10\
---------------------------------------------------------------------------

    \10\ See ``Repeal of Regulation II, Section 4.01'' included in
the docket.
---------------------------------------------------------------------------

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the SRCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 9.
As discussed in our October 3, 2014 action, local air agency
jurisdiction in Washington is generally defined on a geographic basis;
however, there are exceptions (79 FR 59653, at page 59654). By statute,
SRCAA does not have authority for sources under the jurisdiction of
EFSEC. See Revised Code of Washington Chapter 80.50. Under the
applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-
012, SRCAA also does not have jurisdiction for kraft pulp mills,
sulfite pulping mills, and primary aluminum plants. For these sources,
Ecology retains statewide, direct jurisdiction. Ecology and EFSEC also
retain statewide, direct jurisdiction for issuing PSD permits, as
previously discussed. Therefore, the EPA is not approving into 40 CFR
52.2470(c)--Table 9 those provisions of Chapter 173-400 WAC related to
the PSD program. Specifically, these provisions are WAC 173-400-116 and
WAC 173-400-700 through 173-400-750, which the EPA has already approved
as applying state-wide under 40 CFR 52.2470(c)--Tables 2 and 3.
    As described in our April 29, 2015 action, jurisdiction to
implement the visibility permitting program contained in WAC 173-400-
117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits. See 80 FR
23721. However, for facilities that may be subject to major NNSR under
the applicability provisions of WAC 173-400-800, adopted by reference,
we are proposing that SRCAA would be responsible for implementing those
parts of WAC 173-400-117 as they relate to major NNSR permits. See 80
FR 23726. If finalized, the EPA is also proposing to modify the
visibility protection Federal Implementation Plan contained in 40 CFR
52.2498 to reflect the approval of WAC 173-400-117 as it applies to
implementation of the major NNSR program in SRCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply on any Indian
reservation land within Spokane County and is also not approved to
apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the regulations shown in the tables in section
III.A of this document. Regulations to Approve and Incorporate by
Reference into the SIP and the rules proposed for removal from the SIP
in section III.C. Regulations to Remove from the SIP of this document.
The EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER

INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     Does not provide the 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).
    As discussed above, the SIP is not approved to apply on any Indian
reservation land in within Spokane county, or any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction
as described above in section III.D of this document. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03035 Filed 2-23-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26841-26843]
[FR Doc No: 2013-10875]

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

SECURITIES AND EXCHANGE COMMISSION

Release No. 34-69500; File No. SR-Phlx-2013-43]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Waive the
Application and Initiation Fees in Certain Circumstances

May 2, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on April 24, 2013, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the Exchange's Pricing Schedule to
waive the Application and Initiation Fees, for a defined period of
time, in order that certain market making firms may comply with new
requirements imposed by the Exchange at no additional cost.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
    The Exchange recently amended various Exchange Rules to establish
that member organizations may qualify to be Remote Streaming Quote
Traders \3\ with as many as three affiliated RSQTs.\4\ RSQTs are, along
with Specialists,\5\ one of several types of Registered Option Traders
(``ROTs'') \6\ on the Exchange. SR-Phlx-2013-03 amended Rules 507 and
1014 to define a Remote Streaming Quote Trader Organization or
(``RSQTO'') and a Remote Market Maker Organizations (``RMOs'').\7\ In
addition RSQTs may also be referred to as Remote Market Markers
(``RMMs'').\8\ Amended Rule 507(a) provides that ``. . . [a]s many as
three RSQTs at any time may be identified by and affiliated with an
RSQTO. Each of the affiliated RSQTs must be qualified as an ROT and
must be in good standing.'' \9\ Further, the rule change requires that
``[u]pon approval of the proposal . . . each member organization
operating as an RSQT pursuant this rule will: (a) be deemed an RSQTO,
and b) within 21 days notify the Exchange of no more three RSQTs
affiliated with the RSQTO (the ``Conversion Period'').'' \10\
---------------------------------------------------------------------------

    \3\ A Remote Streaming Quote Trader (``RSQT'') is defined in
Exchange Rule 1014(b)(ii)(B) as an Registered Options Trader that is
a member or member organization with no physical trading floor
presence who has received permission from the Exchange to generate
and submit option quotations electronically in options to which such
RSQT has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange.
    \4\ See Securities Exchange Act Release No. 68689 (January 18,
2013), 78 FR 5518 (January 25, 2013) (SR-Phlx-2013-03) (a rule
change which amended Phlx Rules 507 and 1014 to enable RSQT
Organizations to affiliate with up to three RSQTS).
    \5\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a).
    \6\ A ROT includes a Streaming Quote Trader (``SQT''), a RSQT
and a Non-SQT, which by definition is neither a SQT nor a RSQT. A
ROT is defined in Exchange Rule 1014(b) as a regular member of the
Exchange located on the trading floor who has received permission
from the Exchange to trade in options for his own account. See
Exchange Rule 1014 (b)(i) and (ii). Rule 1014 states that, in
addition to other requirements, on a daily basis RSQTs and other
SQTs are responsible to quote two-sided markets in not less than a
specified percentage of options assigned by the Exchange at the
request of such traders, unless specifically exempted from such
quoting (market-making) responsibility.
    \7\ See Exchange Rule 507(a) and 1014(b)(ii)(B). See Securities
Exchange Act Release No. 68689 (January 18, 2013), 78 FR 5518
(January 25, 2013) (SR-Phlx-2013-03). This filing became effective
on April 19, 2013.
    \8\ See Rule 507(a).
    \9\ Id.
    \10\ See Rule 507(a). See also Options Trader Alert (``OTA'')
2013-21 dated April 22, 2013 which provided additional
notice to RSQTOs of their obligation to notify the Exchange of
affiliated RMMs during the Conversion Period.
---------------------------------------------------------------------------

    Phlx member organizations are required to have one associated
person designated as their qualifying permit holder in order for the
firm to be eligible for membership.\11\ Further, ``[a]ny Series A-1
permit holder who is associated with a duly qualified and registered
member organization (unless such holder's permit has been terminated or
the rights and privileges thereof have been suspended or restricted)
shall, subject to the By-Laws (including, without limitation, Section
6-1 thereof) and these Rules, be: . . . (ii) required to designate a
single existing or applying member organization as such permit holder's
``primarily affiliated'' member organization for the purpose of
exercising (through such member organization's designated Member
Organization Representative) such permit holder's right to vote, as set
forth in Article II of the By-Laws, provided that, if such holder
designates any applying member organization, such holder will then also
qualify such applying member organization for the purposes of Rule
921(a); and (iii) required to maintain a primary affiliation, as
described in the foregoing clause (ii), with an eligible member
organization at all times that such holder holds a permit.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 908 entitled ``Rights and Privileges of
A-1 Permits.'' Specifically, ``[a] Series A-1 permit shall only be
issued to an individual who is a natural person of at least twenty-
one (21) years of age. A Series A-1 permit shall only be issued to a
corporation who meets the eligibility and application requirements
set forth in the By-Laws and Rules, including, without limitation,
Rule 972, and no individual shall hold more than a single Series A-1
permit. Series A-1 permits issued in accordance with this Rule 908
shall be in such limited or unlimited number and may be issued from
time to time by the Exchange, in each case as determined by the
Board of Directors in its sole discretion.'' See Rule 908(b).
---------------------------------------------------------------------------

    In light of SR-Phlx-2013-03, the Exchange now requires that each
RSQTO have a minimum of one affiliated RMM (an RSQT) to qualify the
RSQTO. The RSQTO may have up to a maximum of three affiliated RMMS
under the amended rules. The Exchange anticipates that during the
Conversion Period certain RSQTOs will need to transfer their existing
permit to an RMM, by filing an Individual Member Application with the
Exchange for the RMM pursuant to Rule 900.2, in order to comply with
the new requirements. Today, all new member applicants are assessed an
Application Fee of $350.00 and an Initiation Fee of $1,500. Under the
current Pricing Schedule, an RMM would be assessed these fees as a new
Phlx member.
    The Exchange desires to assist RSQTOs in complying with the
requirements of Rule 507(a) during the Conversion Period without
incurring additional costs. The Exchange, therefore, proposes to waive
both the Application and Initiation Fees for existing RSQTOs desiring
to file an application to transfer their existing permits to a new RMM
during the Conversion Period. The Exchange will only waive the
Application and Initiation Fees for RSQTOs to qualify up to one RMM,
provided the existing qualifier is not an RMM today. If an RSQTO
desires to qualify up to the maximum number of three RMMs, only the
first application involving the transfer of the existing permit to a
new RMM will receive the waiver of the Application and Initiation Fees,
the other two RMMs would be assessed the Application and Initiation
Fees. In addition, new RSQTOs would be assessed the Application and
Initiation Fees, the waiver would only apply to existing RSQTOs.
    The waiver period will be from April 24, 2013 to May 13, 2013.\12\
The Exchange is proposing to add rule text to the Pricing Schedule to
note the waiver period.
---------------------------------------------------------------------------

    \12\ Pursuant to SR-Phlx-2013-03, the Conversion Period starts
at the later of the approval of SR-Phlx-2013-03, which was on April
19, 2013, or the issuance of an OTA by the Exchange, which was on
April 22, 2013, and ends 21 days later.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act \13\ in general,
and furthers the objectives of Section 6(b)(4) of the Act \14\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposal is reasonable because the
Exchange is seeking to lower costs for RSQTOs that are impacted by the
recent amendment to Rules 507 and 1014. The Exchange does not desire to
increase costs for RSQTOs attempting to comply with the new
requirements of Rule 507(a) during the Conversion Period. The Exchange
also believes that the proposal is equitable and not unfairly

discriminatory because the Exchange is uniformly applying the waiver to
all RSQTOs impacted by the proposal who are current members of the
Exchange. All other market participants would not be affected by the
rule change as it applies specifically to remote market makers.
Further, new RSQTOs to the Exchange should pay Application and
Initiation Fees similar to current RSQTOs that incurred those fees at
the time of application.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange is waiving the
fees associated with complying with Rule 507(a) during the Conversion
Period for RSQTOs that would be impacted and incur fees not borne by
other Exchange members. The Exchange does not believe that the waiver
creates an undue burden on competition, rather the waiver attempts to
equalize the treatment of its members in not imposing higher costs on
market making firms.
    The Exchange operates in a highly competitive market, comprised of
eleven exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. Accordingly, the fees that are
assessed are influenced by robust market forces and therefore must
remain competitive with fees charged and rebates paid by other venues
and therefore must continue to be reasonable and equitably allocated to
those members that opt to direct orders to the Exchange rather than
competing venues.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\15\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2013-43 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-Phlx-2013-43. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-Phlx-2013-43 and should be
submitted on or before May 29, 2013.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-10875 Filed 5-7-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61279-61281]
[FR Doc No: 2012-24628]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0238; FRL-9738-6]

Approval and Promulgation of Implementation Plans; Mississippi;
110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve the State Implementation
Plan (SIP) revision, submitted by the Mississippi Department of
Environmental Quality, on July 26, 2012. This SIP revision was
submitted to address Clean Air Act (CAA or Act) section 110(a)(2)(G).
Specifically, EPA is approving Mississippi's July 26, 2012, submission
addressing section 110(a)(2)(G), of the CAA for both the 1997 and 2006
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). Section 110(a) of the CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by the EPA, which is commonly
referred to as an ``infrastructure'' SIP. The subject of this notice is
limited to infrastructure element 110(a)(2)(G). All other applicable
Mississippi infrastructure elements are being addressed in a separate
rulemakings.

DATES: Effective Date: This rule will be effective on November 8, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0238. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
July 31, 2012, EPA proposed to approve Mississippi's submission
addressing section 110(a)(2)(G). A summary of the background for
today's final action is provided below. See EPA's July 31, 2012,
proposed rulemaking at 77 FR 45320 for more detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through

earlier SIP submissions in connection with previous PM NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. However, EPA is only
addressing element 110(a)(2)(G) in this action.

II. This Action

    EPA is taking final action to approve Mississippi's infrastructure
submission as demonstrating that the State meets the applicable
requirements of section 110(a)(2)(G) of the CAA for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Section 110(a) of the CAA requires
that each state adopt and submit a SIP for the implementation,
maintenance, and enforcement of each NAAQS promulgated by the EPA,
which is commonly referred to as an ``infrastructure'' SIP. In a draft
SIP revision provided to EPA on July 13, 2012, for parallel processing,
Mississippi provided public notification of its certification that the
Mississippi SIP contains provisions that ensure the 1997 annual and
2006 24-hour PM2.5 NAAQS, as it relates to section
110(a)(2)(G), is implemented, enforced, and maintained in Mississippi.
    On July 31, 2012, EPA proposed to approve Mississippi's July 13,
2012, draft SIP revision addressing section 110(a)(2)(G). EPA's July
31, 2012 (77 FR 45320), proposed approval was contingent upon
Mississippi providing EPA with a final SIP revision that was not
changed significantly from the July 13, 2012, draft SIP revision.
Mississippi provided its final SIP revision on July 26, 2012. There
were no significant changes made to the final submittal. All other
applicable Mississippi infrastructure elements are being addressed in a
separate rulemakings.
    EPA received one off-topic comment on its July 31, 2012, proposed
rulemaking to approve Mississippi's July 13, 2012, draft SIP revision
as meeting the section 110(a)(2)(G) requirements of the CAA for the
1997 annual and 2006 24-hour PM2.5 NAAQS. The Commenter
stated that EPA's PM2.5 standard forces expensive mandates
on states and industry and the designation process places a strain on
local resources and discourages economic growth and EPA should withdraw
the PM2.5 standard. Also, the Commenter stated that EPA
should consider public interest prior to entering into consent decrees.
    This comment does not appear to be related to the issues presented
in the proposed rulemaking, and instead, appears related to a wholly
separate topic--promulgation of the PM NAAQS. Promulgations of NAAQS
involve public comment opportunities, and that would be the time to
raise concerns specific to a particular NAAQS. Additionally, with
regard to Commenter's general statement about consent decrees, although
it is not clear to which specific consent decree Commenter is
referring, the CAA does provide for opportunities for public input
regarding certain consent decrees.
    EPA does not interpret these comments as relevant to the topic of
EPA's July 31, 2012, proposed action, which proposed approval of
Mississippi's draft SIP revision pertaining to section 110(a)(2)(G)
infrastructure requirements for the existing 1997 annual and 2006 24-
hour PM2.5 NAAQS. Instead, EPA interprets these comments as
being off-topic and outside of the scope of today's final rulemaking.
    Mississippi's infrastructure submission regarding section
110(a)(2)(G), provided to EPA on July 26, 2012, in final form,
addressed the 110(a)(2)(G) requirements for the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA has determined that Mississippi's
July 26, 2012, submission is consistent with section 110 of the CAA.

III. Final Action

    As already described, Mississippi has addressed section
110(a)(2)(G) requirements pursuant to EPA's October 2, 2007, guidance
to ensure that 1997 annual and 2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained in Mississippi. EPA is taking
final action to approve Mississippi's July 26, 2012, submission for
1997 annual and 2006 24-hour PM2.5 NAAQS because the
submission is consistent with section 110 of the CAA. Today's action is
not approving any specific rule, but rather making a determination that
Mississippi's already approved SIP meets certain CAA requirements.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
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, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General

of the United States. EPA will submit a report containing this action
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 10, 2012. 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 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, Volatile organic
compounds.

    Dated: September 25, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 Z--Mississippi

0
2. Section 52.1270 paragraph (e), is amended by adding a new entry for
``110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(2)(G) Infrastructure        Mississippi........       7/26/2012  10/9/2012 [Insert    ...................
 Requirement for the 1997 and                                            citation of
 2006 Fine Particulate Matter                                            publication].
 National Ambient Air Quality
 Standards.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-24628 Filed 10-5-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65645]
[DOCID:fr21no07-117]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permit.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Request of modifications of special permits
(e.g. to provide for additional hazardous materials, packaging design
changes, additional mode of transportation, etc.) are described in
footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new applications for special permits to
facilitate processing.

DATES: Comments must be received on or before December 6, 2007.

ADDRESSES: Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the application are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, Southeast, Washington, DC or at http://dms.dot.gov
.

    This notice of receipt of applications for modification of special
permit is published in accordance with part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on November 14, 2007.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                                          Modification Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)     Nature of special permit
   Application No.           Docket No.            Applicant             affected                thereof
----------------------------------------------------------------------------------------------------------------
10788-M..............  .....................  P.S.I. Plus, Inc.,   49 CFR               To modify the special
                                               East Hampton, CT.    173.302(a)(1);       permit to authorize the
                                                                    175.3; 178.65-2;     manufacture, marking,
                                                                    178.65-5(a)(4).      sale, and use of non-
                                                                                DOT Specification
                                                                                cylinders made from low
                                                                                carbon steel.
14190-M..............  PHMSA-21262..........  Cordis Corporation,  49 CFR 172.200;      To modify the special
                                               Miami Lakes, FL.     172.300, 172.400.    permit to authorize the
                                                                                transportation in
                                                                                commerce of certain
                                                                                Division 4.1 hazardous
                                                                                materials.
14516-M..............  PHMSA-28468..........  FedEx Express,       49 CFR 175.75(d),    To modify the special
                                               Baton Rouge, LA.     172.203(a),          permit to waive the
                                                                    172.301(c).          requirement to carry a
                                                                                copy of the permit on
                                                                                every aircraft.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 07-5750 Filed 11-20-07; 8:45 am]

BILLING CODE 4909-60-M