[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13543-13550]
[FR Doc No: 2019-06384]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0481; FRL-9991-53-Region 9]

Air Quality State Implementation Plans: Arizona; Approval and
Conditional Approval of State Implementation Plan Revisions; Maricopa
County Air Quality Department; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to the Maricopa County Air Quality Department's (MCAQD)
portion of the state implementation plan (SIP) for the State of
Arizona. We are finalizing full approval of Rules 210, 220, 240, and
241, and conditional approval of Rules 100 and 200. The revisions
update the MCAQD's New Source Review (NSR) permitting program for new
and modified sources of air pollution.

DATES: This rule is effective on May 6, 2019.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2017-0481
for this action. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street (AIR-3), San Francisco,
California 94105-3901. While all documents in the docket are listed at
https://www.regulations.gov, some information may be publicly available
only at the hard copy location (e.g., copyrighted material, large maps,
multi-volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR-3), San Francisco, CA 94105-3901,<PHONE_NUMBER>,
[email protected].

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

Table of Contents

I. Proposed Action
II. Summary of Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The initials ADEQ mean or refer to the Arizona Department of
Environmental Quality.
    (ii) The initials BACT mean or refer to Best Available Control
Technology.
    (iii) The word or initials CAA or Act mean or refer to the Clean
Air Act.
    (iv) The initials CFR mean or refer to Code of Federal Regulations.
    (v) The initials or words EPA, we, us or our mean or refer to the
United States Environmental Protection Agency.
    (vi) The initials FR mean or refer to Federal Register.
    (vii) The word or initials MCAQD, ``the County'' or ``Maricopa
County'' mean or refer to the Maricopa County Air Quality Department,
the agency with jurisdiction over stationary sources within Maricopa
County, Arizona.
    (viii) The phrase minor NSR means the permit program applicable to
new or modified sources that do not result in a new major source or a
major modification.
    (ix) The initials NAAQS mean or refer to the National Ambient Air
Quality Standards.
    (x) The initials NSR mean or refer to New Source Review, which
includes NNSR, PSD and minor NSR.
    (xi) The initials NNSR mean or refer to nonattainment New Source
Review.
    (xii) The initials PM2.5 mean or refer to particulate matter less
than 2.5 micrometers.
    (xiii) The initials PM10 mean or refer to particulate matter less
than 10 micrometers.

    (xiv) The initials PSD mean or refer to Prevention of Significant
Deterioration.
    (xv) The initials SIP mean or refer to State Implementation Plan.
    (xvi) The word State means or refers to the State of Arizona.
    (xvii) The initials TSD mean or refer to the Technical Support
Document.

I. Proposed Action

    On June 11, 2018, the EPA proposed to approve or conditionally
approve the rules listed in Table 1 for incorporation into the Arizona
SIP.\1\ The submittals for these rules, which we refer to collectively
herein as ``MCAQD's NSR submittal'' or ``the submittal,'' represent a
comprehensive revision to the MCAQD's preconstruction review and
permitting program and are intended to satisfy the requirements under
part D (NNSR) of title I of the Act as well as the general
preconstruction review requirements under section 110(a)(2)(C) of the
Act. Our detailed analysis of these rules is provided in the TSD and
Federal Register notice for the proposed rulemaking for this SIP
revision approval action.
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    \1\ 83 FR 26912 (June 11, 2018).

                                         Table 1--MCAQD Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                               Adoption or
      Regulation & rule No.               Rule title         amendment date  Submittal date      Final action
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100...........  General Provisions;             2/3/2016       5/18/2016  Conditional
                                    General Provisions and                                    Approval.
                                    Definitions.
Regulation II, Rule 200..........  Permits and Fees; Permit        2/3/2016       5/18/2016  Conditional
                                    Requirements.                                             Approval.
Regulation II, Rule 210 \2\......  Permits and Fees; Title         2/3/2016       5/18/2016  Full Approval.
                                    V Permit Provisions.
Regulation II, Rule 220..........  Permits and Fees; Non-          2/3/2016       5/18/2016  Full Approval.\3\
                                    Title V Permit
                                    Provisions.
Regulation II, Rule 240..........  Permits and Fees;               2/3/2016       5/18/2016  Full Approval.
                                    Federal Major New
                                    Source Review.
Regulation II, Rule 241..........  Permits and Fees; Minor         9/7/2016      11/25/2016  Full Approval.
                                    New Source Review.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve and conditionally approve these rules
because we determined that they strengthen the SIP and are mostly
consistent with the relevant CAA requirements. We proposed to fully
approve Rules 210, 240 and 241 as part of the MCAQD's general and major
source NSR permitting program because we determined that these rules
satisfy the substantive statutory and regulatory requirements for NSR
permit programs as contained in part D of title I of the Act (sections
172, 173 and 182(a)), the requirements of CAA section 110(a)(2)(C), 40
CFR 51.160-51.165, and 40 CFR 51.307.
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    \2\ Rule 210 also contains requirements to address the CAA title
V requirements for operating permit programs, though we are not
evaluating the rule for title V purposes at this time. We will
evaluate Rule 210 for compliance with the requirements of title V of
the Act and the EPA's implementing regulations in 40 CFR part 70
following receipt of an official part 70 program revision submittal
from Maricopa County containing this rule.
    \3\ In our notice of proposed rulemaking we proposed conditional
approval of Rule 220 because it appeared that certain provisions in
Section 404.3 could allow emissions increases greater than the minor
NSR permit thresholds to be exempted from permit review. (Id. at
footnote 1). However, upon further review of the MACAQD's minor NSR
program, we found that this determination was made in error. The
provisions in Section 404 of Rule 220 are pre-empted by the
requirements of Section 403, which stipulate that any change that
would also result in a minor NSR modification will always require a
permit revision, notwithstanding the provisions of Section 404.3.
Therefore, the provisions in Rule 220, Section 404 are not deficient
and we are finalizing full approval of the rule. See Section II,
Response 6 of this action, for more information.
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    We proposed to conditionally approve Rules 100, 200, and 220
because we determined that, while they mostly satisfy the statutory and
regulatory requirements of CAA section 110(a)(2)(C) and part D of title
I of the Act, the rules also contained eight deficiencies that
prevented full approval. In our proposed action we determined that:
    1. The definitions of ``PM2.5'' and ``PM10''
in Rule 100, Sections 200.91 and 200.92 are inconsistent with the
definition contained in 40 CFR 51.165(a)(1)(xxxvii), and are therefore
deficient;
    2. the definition of ``good engineering practice stack height'' in
Rule 200, Section 201 is inconsistent with the definition for this term
provided in 40 CFR 51.100(ii), and is therefore deficient;
    3. the MCAQD must provide a basis under 40 CFR 51.160(e) to
demonstrate that regulation of the equipment (i.e., agricultural
equipment used in normal farm operations) exempted in Rule 200, Section
305.1.c is not needed for the MCAQD's program to meet federal NSR
requirements for attainment and maintenance of the NAAQS or review for
compliance with the control strategy;
    4. Rule 220, Sections 404.3.e and 404.3.f, for reconstructed
sources and for changes associated with an emission increase greater
than 10 percent of the major source threshold, are deficient because
these provisions allow changes with potentially significant emission
increases and should not be listed as changes that can be made after
providing only a notification to the MCAQD;
    5. Rule 200, Section 403.2 does not ensure the continuity of the
NSR terms and conditions when a Title V or Non-Title V permit expires
and is therefore deficient;
    6. references to Appendix G (Incorporated Materials) in certain
provisions in Rules 100 and 200 are deficient because Appendix G is
neither included in the existing SIP nor has it been included in
MCAQD's NSR submittal.
    7. references to the Arizona Testing Manual (ATM) in Rules 100 and
200 are deficient because they rely on provisions that are not SIP
approved, and the ATM is significantly out of date and not appropriate
to be relied upon as the sole basis for testing procedures; and
    8. certain definitions that the MCAQD proposed be removed from the
approved SIP are used in other SIP rules and therefore cannot be
removed from the SIP without further justification.
    These deficiencies were the basis for the EPA's proposed
conditional approval of MCAQD's NSR submittal. Before our proposal, the
MCAQD and the ADEQ submitted letters committing to adopt and submit
revisions to the EPA to address the identified deficiencies not later
than one year from the date we take final action to approve the MCAQD's
NSR program revisions, consistent with the requirements of CAA section
110(k)(4).
    We also proposed to remove the following definitions from the MCAQD

portion of the Arizona SIP because these terms are now defined in other
rules or are no longer used in the SIP.

         Table 2--Definitions Being Removed From the Arizona SIP
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             Defined term                       Current SIP rule
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Accepted..............................  Rule 2, Section 1.
Begin Actual Construction.............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 20).
Bureau................................  Rule 2, Section 19; Rule 21,
                                         Section D.1 (AZ R9-3-101,
                                         Paragraph 24).
Calorie...............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 26).
Combustion............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 33).
Device, Machine, Equipment or Other     Rule 2, Section 25.
 Article.
Elevated Terrain......................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 55).
FR (Federal Register).................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 69).
Minor Source..........................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 99).
Mobile or Portable Sources............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 100).
Molybdenum Roaster....................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 101).
Permit Unit...........................  Rule 2, Section 68.
Plume Impaction.......................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 124).
Process and Process Equipment.........  Rule 2, Section 73.
Reclaiming Machinery..................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 134).
Resource Recovery Facility............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 139).
Stationary Rotating Machinery.........  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 156).
Statutory Major Source................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 158).
Volatility............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 170).
------------------------------------------------------------------------

II. Summary of Public Comments and EPA Responses

    Our June 11, 2018 proposed rulemaking \4\ provided a 30-day public
comment period. We received a joint comment letter from the Sierra Club
and Center for Biological Diversity and also received a comment from an
anonymous source. Our Response to Comments document in the docket for
this action summarizes the comments and includes the EPA's full
responses.\5\ Below, we briefly summarize the significant comments and
our responses.
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    \4\ Id at footnote 1.
    \5\ The full text of the public comments, as well as all other
documents relevant to this action, are available in the docket
(visit https://www.regulations.gov and search for Docket ID: EPA-
R09-OAR-2017-0481).
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    Comment 1: The EPA informed the County that its definition of
``begin actual construction'' in Rule 100 was inconsistent with federal
permit requirements in 40 CFR 51.165 and specified the issues
pertaining to its definition. While we acknowledge that the definition
was withdrawn from the EPA's consideration as part of the SIP, the EPA
should have required the County to revise the definition of the term
``begin actual construction.''
    Response 1: At the time of the EPA's proposed action on MCAQD's NSR
submittal, the option to disapprove the definition of ``begin actual
construction'' was no longer available because the County had withdrawn
the definition from its submittal. Accordingly, the comments regarding
the EPA's approval or disapproval of this definition are not germane to
our final rulemaking action.
    Comment 2: The minor NSR Rules 200 and 241 are unenforceable
because the minor NSR rules in the SIP will have no federally
enforceable definition of ``begin actual construction.'' Because this
definition is still in effect at the county level, the County will
still be allowing certain on-site construction activities before a
permit is issued. Such cases could prejudice the Control Officer's
determination regarding permit approval. This situation compromises the
integrity of the entire minor NSR program. Therefore, the EPA should
disapprove all the minor NSR permitting rules until an adequate
definition of the term ``begin actual construction'' for the minor NSR
program is submitted for SIP approval.
    Response 2: The EPA disagrees that all the minor NSR program rules
should be disapproved because they lack a definition for the term
``begin actual construction.'' The general permit program requirements
found in 40 CFR 51.160-164, which specify the minimum requirements that
apply to all NSR programs, do not contain a requirement like the ones
found in 40 CFR 51.165 and 51.166, which provide that major NSR program
rules must include specified definitions. While some permit agencies
rely on the same definitions contained in their major NSR programs for
their minor NSR program, there is no regulatory requirement to do so.
Therefore, the lack of a definition for the term ``begin actual
construction'' is not inconsistent with the EPA regulations for minor
NSR programs.
    Maricopa County's current SIP-approved permit program does not
contain a definition of the term ``begin actual construction'' for
minor sources. Maricopa County's local rules have contained the current
definition of ``begin actual construction'' since February 3, 2016.
However, we are not aware of any situations where the lack of such a
definition or the current definition has prejudiced the Control Officer
when determining if a permit should be issued and the commenter did not
provide any examples. We note that Maricopa County has provided the EPA
with a copy of proposed rule revisions, which include a definition for
the term ``begin actual construction'' that is consistent with the
definition of the same term found in 40 CFR 51.165(a)(1)(xv).
    Comment 3: The EPA must require Maricopa County to demonstrate that
minor modifications at existing sources with emission increases below
the minor NSR modification thresholds will not interfere with
attainment or maintenance of the NAAQS or violate the control strategy,
because without such a demonstration, the EPA cannot ensure that
Maricopa County's minor NSR program satisfies the core requirement that
the County be able to prevent modification of a source if it would
interfere with attainment or maintenance of the NAAQS pursuant to 40
CFR 51.160 and section 110(a)(2)(C) of the CAA.
    Response 3: The EPA disagrees with the conclusions provided in the

comment regarding the type of demonstration required to satisfy the
provisions of 40 CFR 51.160(a), (b) and (e). The commenters do not
claim that any of these individual provisions were not met, but instead
claim that in order to approve Maricopa County's minor source NSR
program, the EPA must require Maricopa County to provide an analysis
demonstrating that emission increases lower than the minor NSR
modification thresholds will not interfere with attainment or
maintenance of the NAAQS. This is an incorrect reading of the
requirements of the cited provisions.
    CAA section 110(a)(2)(C) requires a permit program to regulate the
construction and modification of sources as necessary to assure the
NAAQS are achieved. The regulation of minor sources and modifications
through a permit program is only one of many regulatory components
considered when adopting an attainment plan to achieve a particular
NAAQS. Recognizing that states have significant leeway to craft their
minor source permit programs, 40 CFR 51.160(e) requires permit agencies
to ``identify types and sizes of facilities, buildings, structures, or
installations which will be subject to review'' and ``discuss the basis
for determining which facilities will be subject to review.'' The
provisions of 40 CFR 51.160(a) and (b) are only applicable to the
sources identified under 40 CFR 51.160(e) as being subject to review,
and paragraph (e) only requires the submittal to discuss ``which
facilities will be subject to review.'' There is no requirement to
demonstrate that sources not subject to the minor source permit program
will not interfere with attainment or maintenance of the NAAQS.
Instead, the entire NSR program must subject a sufficient number of
sources (or emissions) to review to assure, in conjunction with all
other plan provisions, that the NAAQS will be achieved.\6\
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    \6\ 76 FR 38748, 38752 (July 1, 2011).
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    The EPA reviewed the submitted analysis and found MCAQD's NSR
submittal satisfied the requirements of 40 CFR 51.160(e) and CAA
section 110(a)(2)(C) because we believe that in conjunction with other
SIP provisions, an NSR program that will regulate approximately 74-83%
of new stationary source emissions by requiring BACT level controls on
such sources provides adequate regulation to ensure the NAAQS will be
met.
    Comment 4: EPA proposed to conditionally approve several provisions
in the Maricopa County rules but did not provide any justification for
the use of a conditional approval in two cases: The definitions for
PM10 and PM2.5 in Rule 100, and certain
procedures that do not require a Non-Title V permit revision in Rule
220. The conditional approval commitment letter provided by the ADEQ
was not specific enough in its commitment to submit the Maricopa
County's SIP revision to EPA within one year from the EPA's final
action to conditionally approve MCAQD's NSR submittal.
    Response 4: As discussed in Responses 5 and 6, the EPA has found
that the two specific provisions raised by the commenters are not
deficient. Since the EPA is no longer conditionally approving these
provisions, it is not necessary to respond to the claim that the EPA
did not provide an adequate justification for proposing conditional
approval for these provisions. The EPA agrees that the April 6, 2018
commitment letter provided by ADEQ was not specific enough in its
commitment to submit the Maricopa County's SIP revision to the EPA
within one year of final action. However, for other provisions that the
EPA is conditionally approving, we note that, on October 5, 2018, the
ADEQ provided the EPA with a clarification letter that includes a
commitment by the ADEQ to submit Maricopa County's corrections of the
identified deficiencies in this rulemaking within one year of the EPA's
final action conditionally approving MCAQD's NSR submittal. This
commitment by the ADEQ is sufficiently specific to justify the
conditional approvals within this rulemaking.
    Comment 5: Failure to properly define PM10 and
PM2.5 represents a significant deficiency in the permit
programs and conditional approval means neither the major nor minor NSR
program will adequately provide for protection of the PM10
and PM2.5 NAAQS. The EPA should disapprove the definitions
of PM10 and PM2.5 rather than conditionally
approving the County's permit programs.
    Response 5: The EPA proposed conditional approval of Rule 100, in
part because the EPA found that the definitions of PM10 and
PM2.5 did not include gaseous emissions, which form
particulates. Upon further review, the EPA has determined that our
initial analysis was incorrect. The definition of ``Regulated NSR
Pollutant'' contained in both Rule 100 and 240 incorporates the
definition of this same term as found in 40 CFR
51.165(a)(1)(xxxvii)(D). The incorporated definition states that
``PM2.5 emissions and PM10 emissions shall
include gaseous emissions from a source or activity which condense to
form particulate matter at ambient temperatures.'' Because Rule 100 is
not deficient for the reasons the EPA cited in our proposed action, the
merits of this comment and our proposed disapproval are moot and are
not discussed further. The EPA recommends, however, that Maricopa
County consider revising the definitions of these terms in Rule 100 to
provide clarity to the regulated community.
    Comment 6: All the provisions of Rule 220, Section 404.3, (except
subsection d.), are not approvable because the changes could adversely
impact air quality and because of the significance of the changes that
could be allowed at a facility.
    Response 6: The EPA disagrees that these provisions are not
approvable. In our proposed action, the EPA failed to note that the
provisions of Rule 220, Section 404 are pre-empted by the requirements
of Section 403, which lists the types of changes requiring a permit
revision. Pursuant to Subsection 403.2.k., any change that would also
result in a minor NSR modification will always require a permit
revision, notwithstanding the provisions of Section 404.3. Thus the
``exemptions'' allowed under Section 404.3 are limited to changes
resulting in emission increases lower than the minor NSR modification
thresholds. As the EPA discussed earlier in Response 3, Maricopa County
provided an analysis in the MCAQD's NSR submittal that provides a
reasonable basis for choosing the size of sources (based on emission
increases) that require permit regulation to attain or maintain the
NAAQS. Accordingly, the EPA no longer finds paragraphs e. and f. of
Section 404.3 deficient and is fully approving Rule 220, including
Section 404.3.

III. EPA Action

    No comments were submitted that change our assessment that the
MCAQD's Rules 210, 220, 240, and 241 satisfy the applicable CAA
requirements, nor were any comments submitted that change our
assessment discussed in our proposal that certain MCAQD rules should be
removed from the Arizona SIP. Therefore, as authorized under CAA
sections 110(k)(3) and 301(a), and for the reasons set forth in our
June 11, 2018 proposed rule, we are finalizing full approval of Rules
210, 220, 240, and 241, as described in Table 1, in the MCAQD portion
of the Arizona SIP, and removing from the MCAQD portion of the Arizona
SIP the rules identified in Table 2.
    While we cannot grant full approval of Rules 100 and 200 at this
time, the

MCAQD and the ADEQ have satisfactorily committed to address the
identified deficiencies by committing to provide the EPA with a SIP
submission within one year of this final action, which will include
specific rule revisions and/or demonstrations that would adequately
address the issues identified in our proposal and Section II above. If
the MCAQD, through the ADEQ, submits the rule revisions and/or
demonstrations that it has committed to submit by this deadline, and
the EPA approves the submission, then the identified deficiencies will
be cured. However, if the MCAQD, through the ADEQ, fails to submit
these revisions and/or demonstrations within the required timeframe,
the conditional approval will become a disapproval, and the EPA will
issue a finding of disapproval. The EPA is not required to propose the
finding of disapproval.
    We did not receive any comments that would cause us to change the
determinations that were the basis for our proposed conditional
approval action; thus, we are finalizing a conditional approval of the
MCAQD's Rules 100 and 200 pursuant to CAA section 110(k)(4). As
discussed in Section II of this action, the list of identified rule
deficiencies has changed as follows: (1) We are no longer finding the
Rule 100 definitions of PM10 and PM2.5 to be
deficient; (2) we are no longer finding the provisions of Rule 220,
Sections 404.3.e. and f. to be deficient; and (3) we are approving
removal of the definition of ``Begin Actual Construction'' in Rule 21,
Section D.1 (AZ R9-3-101, Paragraph 20) in the current SIP.
    This action incorporates these rules into the federally enforceable
SIP through revisions to 40 CFR 52.120 (Identification of plan) and 40
CFR 52.119 (Identification of plans--conditional approvals).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the MCAQD
rules described in Table 1 of this preamble. The EPA has made, and will
continue to make, these materials available through https://www.regulations.gov and in hard copy at the EPA Region IX 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 the EPA for inclusion in the
Arizona SIP, have been incorporated by reference by the EPA into that
plan, are federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\7\
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    \7\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the applicable criteria of the Clean
Air Act. 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 Clean Air Act; 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).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 4, 2019. 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 CAA section 307(b)(2).).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart D--Arizona

0
2. Section 52.119 is amended by adding in paragraph (b) to read as
follows:

Sec.  52.119   Identification of plan--conditional approvals.

* * * * *
    (b) A plan revision for the Maricopa County Air Quality Department
(MCAQD) submitted May 18, 2016, by the Arizona Department of
Environmental Quality (ADEQ), the Governor's designee, updating the
MCAQD's Clean Air Act (CAA) new source review (NSR) program with
respect to deficiencies identified by the EPA in Regulation I, Rule 100
and Regulation II, Rule 200. This plan revision is conditionally
approved as follows:
    (1) The conditional approval is based on the April 6, 2018 and
October 5, 2018 commitments from the ADEQ, and on the April 2, 2018
letter from the MCAQD to the ADEQ requesting submittal of a letter of
commitment for conditional approval, to submit a SIP revision
consisting of rule revisions and/or demonstrations to the ADEQ within
eleven (11) months after the EPA's approval, to allow the ADEQ to make
the final submission to the EPA not later than twelve (12) months after
the EPA's approval that will correct the deficiencies identified in
this final notice. If the State fails to meet its commitment by that
date that is twelve (12) months after the EPA's approval, the
conditional approval will be treated as a disapproval to deficiencies
identified by the EPA in Regulation I, Rule 100; and Regulation II,
Rule 200.
    (2) [Reserved]

0
3. Section 52.120 is amended in paragraph (c) by revising Table 4 to
read as follows:

Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                     Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                                           EPA approval          Additional
        County citation           Title/subject    State effective date        date             explanation
----------------------------------------------------------------------------------------------------------------
                                         Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 2, No. 11 ``Alteration or  Definitions.....  June 23, 1980........  June 18, 1982,    Submitted on March 8,
 Modification''.                                                          47 FR 26382.      1982.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION] to remove
                                                                                the definition for
                                                                                No. 33 ``Existing
                                                                                Source'' which was
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 27 ``Dust''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 29 ``Emission''...  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 34 ``Existing       Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Source Performance                                                       47 FR 15579.      1980.
 Standards''.                                                                              Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 37 ``Fly Ash''....  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 39 ``Fuel''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 42 ``Fume''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 55 ``Motor          Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Vehicle''.                                                               47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 59 ``Non-Point      Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Source''.                                                                47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.

Rule 2, No. 60 ``Odors''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 64 ``Organic        Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Solvent''.                                                               47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 70 ``Plume''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 80 ``Smoke''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 2, No. 91 ``Vapor''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                Revised on April 5,
                                                                                2019, [INSERT
                                                                                Federal Register
                                                                                CITATION]. Removed
                                                                                71 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
----------------------------------------------------------------------------------------------------------------
                                             Regulation II--Permits
----------------------------------------------------------------------------------------------------------------
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 52 ``Dust'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 56               obtaining an                             53 FR 30224;      1983.[dagger]
 ``Emission'').                  installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 63 ``Existing    obtaining an                             53 FR 30224;      1983.[dagger]
 Source Performance              installation                             vacated;         Revised on April 5,
 Standards'').                   permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 70 ``Fuel'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 71 ``Fuel        obtaining an                             53 FR 30224;      1983.[dagger]
 Burning Equipment'').           installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 74 ``Fume'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 103 ``Motor      obtaining an                             53 FR 30224;      1983.[dagger]
 Vehicle'').                     installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 114 ``Non-       obtaining an                             53 FR 30224;      1983.[dagger]
 Point Source'').                installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 122              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Photochemically Reactive      installation                             vacated;         Revised on April 5,
 Solvent'').                     permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 123 ``Plume'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.

Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 128              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Process'').                   installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 129 ``Process    obtaining an                             53 FR 30224;      1983.[dagger]
 Source'').                      installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 150 ``Smoke'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 152 ``Soot'').   obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 160              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Supplementary Control         installation                             vacated;         Revised on April 5,
 System (SCS)'').                permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 166 ``Vapor'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 167 ``Vapor      obtaining an                             53 FR 30224;      1983.[dagger]
 Pressure'').                    installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 168 ``Visible    obtaining an                             53 FR 30224;      1983.[dagger]
 Emissions'').                   installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                which were
                                                                                superseded by Rule
                                                                                100 submitted on May
                                                                                18, 2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100 (except Sections       General           February 3, 2016.....  April 5, 2019,    Submitted on May 18,
 200.24, 200.73, 200.104(c)).    Provisions and                           [INSERT Federal   2016.
                                 Definitions.                             Register
                                                                          CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Regulation II--Permits and Fees
----------------------------------------------------------------------------------------------------------------
Rule 200......................  Permit            February 3, 2016.....  [INSERT Federal   Submitted on May 18,
                                 Requirements.                            Register          2016.
                                                                          CITATION],
                                                                          April 5, 2019.
Rule 210......................  Title V Permit    February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 Provisions.                              [INSERT Federal   2016.
                                                                          Register
                                                                          CITATION].
Rule 220......................  Non-Title V       February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 Permit                                   [INSERT Federal   2016.
                                 Provisions.                              Register
                                                                          CITATION].
Rule 240 (except Section 305).  Federal Major     February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 New Source                               [INSERT Federal   2016.
                                 Review (NSR).                            Register
                                                                          CITATION].
Rule 241......................  Minor New Source  February 3, 2016.....  April 5, 2019,    Submitted on November
                                 Review (NSR).                            [INSERT Federal   25, 2016.
                                                                          Register
                                                                          CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
[dagger]Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
  1990). Restored on January 29, 1991, 56 FR 3219.

* * * * *
[FR Doc. 2019-06384 Filed 4-4-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65771-65772]
[DOCID:fr23no07-107]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 17e-1; SEC File No. 270-224; OMB Control No. 3235-0217.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 17e-1 (17 CFR 270.17e-1) under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (the ``Act'') is entitled ``Brokerage
Transactions on a Securities Exchange.'' The rule governs the
remuneration that a broker affiliated with a registered investment
company (``fund'') may receive in connection with securities
transactions by the fund. The rule requires a fund's board of directors
to establish, and review as necessary, procedures reasonably designed
to provide that the remuneration to an affiliated broker is a fair
amount compared to that received by other brokers in connection with
transactions in similar securities during a comparable period of time.
Each quarter, the board must determine that all transactions with
affiliated brokers during the preceding quarter complied with the
procedures established under the rule. Rule 17e-1 also requires the
fund to (i) maintain permanently a written copy of the procedures
adopted by the board for complying with the requirements of the rule;
and (ii) maintain for a period of six years a written record of each
transaction subject to the rule, setting forth: the amount and source
of the commission; fee or other remuneration received; the identity of
the broker; the terms of the transaction; and the materials used to
determine that the transactions were effected in compliance with the
procedures adopted by the board. The Commission's examination staff
uses these records to evaluate transactions between funds and their
affiliated brokers for compliance with the rule.
    The Commission staff estimates that 3583 portfolios of
approximately 649 fund complexes use the services of one or more
subadvisers. Based on discussions with industry representatives, the
staff estimates that it will require approximately 6 hours to draft and
execute revised subadvisory contracts in order for funds and
subadvisers to be able to rely on the exemptions in rule 17e-1.\1\ The
staff assumes that all existing funds amended their advisory contracts
following amendments to rule 17e-1 in 2002 that conditioned certain
exemptions upon these contractual alterations, and therefore there is
no continuing burden for those funds.\2\
---------------------------------------------------------------------------

    \1\ Rules 12d3-1, 10f-3, 17a-10, and 17e-1 require virtually
identical modifications to fund advisory contracts. The Commission
staff assumes that funds would rely equally on the exemptions in
these rules, and therefore the burden hours associated with the
required contract modifications should be apportioned equally among
the four rules.
    \2\ We assume that funds formed after 2002 that intended to rely
on rule 17e-1 would have included the contract provision in their
initial subadvisory contracts.
---------------------------------------------------------------------------

    Based on an analysis of fund filings, the staff estimates that
approximately 600 fund portfolios enter into subadvisory agreements
each year.\3\ Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours \4\
to draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 17e-1. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 12d3-1, 10f-3, 17a-10, and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3-hour time burden equally to all four rules. Therefore,
we

estimate that the burden allocated to rule 17e-1 for this contract
change would be 0.75 hours.\5\ Assuming that all 600 funds that enter
into new subadvisory contracts each year make the modification to their
contract required by the rule, we estimate that the rule's contract
modification requirement will result in 450 burden hours annually, with
an associated cost of approximately $131,400.\6\
---------------------------------------------------------------------------

    \3\ The use of subadvisers has grown rapidly over the last
several years, with approximately 600 portfolios that use
subadvisers registering between December 2005 and December 2006.
Based on information in Commission filings, we estimate that 31
percent of funds are advised by subadvisers.
    \4\ The Commission staff's estimates concerning the wage rates
for attorney time are based on salary information for the securities
industry compiled by the Securities Industry Association. The $292
per hour figure for an attorney is from the SIA Report on Management
& Professional Earnings in the Securities Industry 2006, modified to
account for an 1800-hour work-year and multiplied by 5.35 to account
for bonuses, firm size, employee benefits and overhead.
    \5\ This estimate is based on the following calculation (3 hours
/ 4 rules = .75 hours).
    \6\ These estimates are based on the following calculations:
(0.75 hours x 600 portfolios = 450 burden hours); ($292 per hour x
450 hours = $131,400 total cost).
---------------------------------------------------------------------------

    Based on an analysis of fund filings, the staff estimates that
approximately 300 funds use at least one affiliated broker. Based on
conversations with fund representatives, the staff estimates that rule
17e-1's exemption would free approximately 40 percent of transactions
that occur under rule 17e-1 from the rule's recordkeeping and review
requirements. This would leave approximately 180 funds (300 funds x .6
= 180) still subject to the rule's recordkeeping and review
requirements. The staff estimates that each of these funds spends
approximately 60 hours per year (40 hours by accounting staff, 15 hours
by an attorney, and 5 director hours) \7\ at a cost of approximately
$10,495 per year to comply with rule 17e-1's requirements that (i) the
fund retain records of transactions entered into pursuant to the rule,
and (ii) the fund's directors review those transactions quarterly.\8\
We estimate, therefore, that the total yearly hourly burden for all
funds relying on this exemption is 10,800 hours,\9\ with yearly costs
of approximately $1,889,100.\10\ Therefore, the annual aggregate burden
hour associated with rule 17e-1 is 11,250,\11\ and the annual aggregate
cost associated with it is $2,020,500.\12\
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    \7\ The Commission staff's estimates concerning the wage rate
for professional time are based on salary information for the
securities industry compiled by the Securities Industry Association.
The $292 per hour estimate for an attorney, $116 per hour estimate
for accountant time, and $295 per hour estimate for directors (based
on comparable position) is from the SIA Report on Management &
Professional Earnings in the Securities Industry 2006, modified to
account for an 1800-hour work-year and multiplied by 5.35 to account
for bonuses, firm size, employee benefits and overhead.
    \8\ This estimate is based on the following calculations: (40
hours accounting staff x $116 per hour = $4640) (15 hours by an
attorney x $292 per hour = $4380); (5 hours by directors x $295 =
$1475) ($4640 + $4380 + $1475 = $10,495 total cost).
    \9\ This estimate is based on the following calculation: (180
funds x 60 hours = 10,800).
    \10\ This estimate is based on the following calculation:
($10,495 x 180 funds = $1,889,100).
    \11\ This estimate is based on the following calculation: (450
hours + 10,800 hours = 11,250 total hours).
    \12\ This estimate is based on the following calculation:
($131,400 + $1,889,100 = $2,020,500).
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: November 15, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22843 Filed 11-21-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8339-8340]
[FR Doc No: 2022-03086]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

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

ACTION: List of applications for modification of special permits.

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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, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before March 1, 2022.

ADDRESSES: 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: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC.
    This notice of receipt of applications for 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 February 07, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
11859-M............................  Cobham Mission Systems  173.301(f), 178.65,     To modify the special
                                      Orchard Park Inc.       173.302(a)(1).          permit to authorize a new
                                                                                part number. (modes 1, 2,
                                                                                4).
13220-M............................  Entegris, Inc.........  173.302, 173.302c,      To modify the special
                                                              180.205(d).             permit to authorize
                                                                                disposal of cylinders.
                                                                                (modes 1, 3).
16165-M............................  HRD Aero Systems, Inc.  173.302(a), 173.56(b).  To modify the special
                                                                                permit to increase the
                                                                                maximum aluminum content
                                                                                to 6.75%. (modes 1, 2, 3,
                                                                                4, 5).
20357-M............................  Jingmen Hongtu Special  178.274(b),             To modify the special
                                      Aircraft                178.276(b)(1).          permit to authorize
                                      Manufacturing Co.,                              ammonia and different
                                      Ltd.                                            packaging. (modes 1, 2,
                                                                                3).
21125-M............................  CTS Cylinder Sales LLC  180.209(a),             To modify the special
                                                              180.209(b)(1),          permit to authorize FBH
                                                              180.209(b).             flaw size for cylinders
                                                                                over 6'' in diameter to be
                                                                                larger and commensurate
                                                                                with the size of the
                                                                                cylinder. (modes 1, 2).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-03086 Filed 2-11-22; 8:45 am]
BILLING CODE P