[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16969-16970]
[FR Doc No: 2023-05777]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER22-709-004.
    Applicants: Missouri Joint Municipal Electric Utility Commission,
Southwest Power Pool, Inc.
    Description: Compliance filing: Missouri Joint Municipal Electric
Utility Commission submits tariff filing per 35: Settlement Compliance
Filing of MJMEUC in Response to February 16 Order to be effective 6/1/
2022.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5037.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1349-000.
    Applicants: Northern States Power Company, a Wisconsin corporation,
Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) Rate Filing: Northern States Power
Company, a Wisconsin corporation submits tariff filing per
35.13(a)(2)(iii: 2023 Interchange Agreement Annual Filing to be
effective 1/1/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5024.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1350-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Services Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
03-15_SA 4006 Ameren Missouri-Hannibal Wholesale Connection Agreement
to be effective 5/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5029.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1351-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-03-15_SA 3482 ATC-
Wisconsin Electric Power 2nd Rev GIA (J878 J1316) to be effective 3/8/
2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5034.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1357-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 27 to be effective 5/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5047.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1358-000.
    Applicants: AmeriPro Energy Corp.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 5/14/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5048.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1361-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Add Enhanced
Language to Attachment V (RR 523) to be effective 5/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5052.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1362-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ISA, SA No. 6821; Queue No.
AF1-040 to be effective 2/16/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5056.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1363-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6822; Queue No. AF1-328 to be effective 2/28/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5059.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1364-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 26 to be effective 5/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5061.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1366-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 21 to be effective 5/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5068.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1371-000.

    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 6819;
Queue No. AC1-188 to be effective 2/15/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5092.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1372-000.
    Applicants: Gaucho Solar LLC.
    Description: Baseline eTariff Filing: Reactive Power Tariff
Application to be effective 5/1/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5100.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1373-000.
    Applicants: Hillcrest Solar I, LLC.
    Description: Sec.  205(d) Rate Filing: Normal filing 2023 to be
effective 3/16/2023.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5104.
    Comment Date: 5 p.m. ET 4/5/23.

    Docket Numbers: ER23-1374-000.
    Applicants: Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: 2022 Rate Update Filing for
Massachusetts Electric Borderline Sales Agreement to be effective 1/1/
2022.
    Filed Date: 3/15/23.
    Accession Number: 20230315-5107.
    Comment Date: 5 p.m. ET 4/5/23.

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

    Dated: March 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05777 Filed 3-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81462-81463]
[FR Doc No: 2020-27657]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-3-000]

Commission Information Collection Activities; Request for
Emergency Extension for FERC-725D

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of request for an emergency extension.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) has solicited public comments on FERC-725D (Mandatory
Reliability Standard: Facilities Design, Connections and Maintenance
Reliability Standards). FERC submitted a request to the Office of
Management and Budget (OMB) for a three-month emergency extension (to
March 31, 2021) to ensure this

information collection will remain active while FERC completes the
pending PRA renewal process. No changes are being made to the reporting
and recordkeeping requirements.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>and telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA renewal process for the information
collection is ongoing. To ensure that OMB approval of the current
information collection remains active during the PRA renewal process,
FERC has submitted a request to OMB for a three-month emergency
extension.
    Title: FERC-725D, Mandatory Reliability Standard: Facilities
Design, Connections and Maintenance Reliability Standards.
    OMB Control No.: 1902-0247.
    Docket No. for Ongoing PRA Renewal: IC21-3.
    FERC submitted a formal request \1\ to OMB on December 10, 2020,
for an emergency three-month extension to March 31, 2021.
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    \1\ The letter (addressed to the Administrator of OIRA at OMB)
requests a three-month emergency extension and was signed by the
Acting General Counsel on 12/10/2020.

    Dated: December 10, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27657 Filed 12-15-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70208-70211]
[FR Doc No: 2020-24469]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34080; 812-15144]

First Eagle Credit Opportunities Fund, et al.

October 30, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c), and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

Summary of Application:  Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose asset-based service and distribution
fees, and early withdrawal charges (``EWCs'').

Applicants:  First Eagle Credit Opportunities Fund (the ``Initial
Fund''), First Eagle Investment Management, LLC (the ``Adviser'') and
FEF Distributors, LLC (the ``Distributor'').

Filing Dates:  The application was filed on July 22, 2020.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request, by email. Hearing requests should be received by
the Commission by 5:30 p.m. on November 30, 2020 and should be
accompanied by proof of service on the applicants, in the form of an
affidavit, or for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: David
O'Connor, First Eagle Investment Management, LLC,
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kieran G. Brown, Senior Counsel, at
(202) 551-6773 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Initial Fund is a newly organized Delaware statutory trust
that is registered under the Act and will operate as a non-diversified,
closed-end management investment company. The Initial Fund will operate
as an ``interval

fund'' pursuant to rule 23c-3 under the Act and intends to continuously
offer its shares.
    2. The Adviser is a Delaware limited liability partnership
registered as an investment adviser under the Investment Advisers Act
of 1940. The Adviser will serve as investment adviser to the Initial
Fund. The Adviser expects to enter into a sub-advisory agreement with
First Eagle Alternative Credit, LLC (the ``Sub-Adviser''), pursuant to
which the Sub-Adviser will serve as the sub-adviser to the Initial
Fund. The Sub-Adviser is a Delaware limited liability company that is
registered as an investment adviser under the Investment Advisers Act
of 1940 and is an indirect wholly-owned subsidiary of the Adviser.
    4. The Distributor is registered with the Commission as a broker-
dealer under the Securities Exchange Act of 1934 (the ``Exchange
Act''), and will act as the distributor of the Initial Fund.
    5. Applicants seek an order to permit the Initial Fund to issue
multiple classes of shares, each having its own fee and expense
structure, and to impose asset-based distribution and service fees, and
EWCs.
    6. Applicants request that the order also apply to any continuously
offered registered closed-end management investment company that has
been previously organized or that may be organized in the future for
which the Adviser or the Distributor or any entity controlling,
controlled by, or under common control with the Adviser or the
Distributor, or any successor in interest to any such entity,\1\ acts
as investment adviser or principal underwriter, respectively, and which
operates as an interval fund pursuant to rule 23c-3 under the Act or
provides periodic liquidity with respect to its shares pursuant to rule
13e-4 under the Exchange Act (each, a ``Future Fund'' and together with
the Initial Fund, the ``Funds'').\2\
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
compliance with the terms and conditions of the application.
Applicants represent that each entity presently intending to rely on
the requested relief is listed as an applicant.
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    7. The Initial Fund will make a continuous public offering of its
shares. Applicants state that additional offerings by any Fund relying
on the order may be on a private placement or public offering basis.
Shares of the Funds will not be listed on any securities exchange, nor
quoted on any quotation medium. The Funds do not expect there to be a
secondary trading market for their shares.
    8. If the requested relief is granted, the Initial Fund may offer
classes of shares in addition to its initial share class, with each
class having its own fee and expense structure. The terms of any
additional classes may differ from the initial class pursuant to and in
compliance with rule 18f-3 under the Act.
    10. Applicants state that shares of a Fund may be subject to a
repurchase fee at a rate of no greater than 2% of the shareholder's
repurchase proceeds if the interval between the date of purchase of the
shares and the valuation date with respect to the repurchase of those
shares is less than one year. Any repurchase fee will apply equally to
all classes of shares of a Fund, consistent with section 18 of the Act
and rule 18f-3 thereunder. Further, applicants represent that to the
extent a Fund determines to waive, impose scheduled variations of, or
eliminate any repurchase fee, it will do so consistently with the
requirements of rule 22d-1 under the Act as if the repurchase fee were
a CDSL (defined below) and as if the Fund were an open-end investment
company and the Fund's waiver of, scheduled variation in, or
elimination of, any such repurchase fee will apply uniformly to all
shareholders of the Fund regardless of class.
    11. Applicants state that the Initial Fund will adopt a fundamental
policy to repurchase a specified percentage of its shares (no less than
5% and not more than 25%) at net asset value on a periodic basis. Such
repurchase offers will be conducted pursuant to rule 23c-3 under the
Act.\3\ Each Future Fund will likewise adopt a fundamental investment
policy in compliance with rule 23c-3 and make periodic repurchase
offers to its shareholders, or provide periodic liquidity with respect
to its shares pursuant to rule 13e-4 under the Exchange Act. Any
repurchase offers made by the Funds will be made to all holders of
shares of each such Fund.
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    \3\ Applicants submit that rule 23c-3 and Regulation M under the
Exchange Act permit an interval fund to make repurchase offers to
repurchase its shares while engaging in a continuous offering of its
shares pursuant to rule 415 under the Securities Act of 1933.
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    12. Applicants represent that any asset-based service and/or
distribution fees for each class of shares will comply with the
provisions of FINRA Rule 2341 (``Sales Charge Rule'').\4\ Applicants
also represent that each Fund will disclose in its prospectus the fees,
expenses, and other characteristics of each class of shares offered for
sale by the prospectus, as is required for open-end multiple class
funds under Form N-1A. As is required for open-end funds, each Fund
will disclose its expenses in shareholder reports, and describe any
arrangements that result in breakpoints in or elimination of sales
loads in its prospectus.\5\ In addition, applicants will comply with
applicable enhanced fee disclosure requirements for fund of funds,
including registered funds of hedge funds.\6\
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    \4\ Any reference to the Sales Charge Rule includes any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
    \5\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \6\ Fund of Funds Investments, Investment Company Act Rel. Nos.
26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20, 2006)
(adopting release). See also Rules 12d1-1, et seq. of the Act.
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    13. Each of the Funds will comply with any requirements that the
Commission or FINRA may adopt regarding disclosure at the point of sale
and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements, as if those requirements applied to each Fund. In
addition, each Fund will contractually require that any distributor of
the Fund's shares comply with such requirements in connection with the
distribution of such Fund's shares.
    14. Applicants state that each Fund may impose an EWC on shares
submitted for repurchase that have been held less than a specified
period and may waive the EWC for certain categories of shareholders or
transactions to be established from time to time. Applicants state that
each of the Funds will apply the EWC (and any waivers or scheduled
variations of the EWC) uniformly to all shareholders in a given class
and consistently with the requirements of rule 22d-1 under the Act as
if the Fund was an open-end investment company.
    15. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their shares of the Fund for
shares of the same class

of (i) registered open-end investment companies or (ii) other
registered closed-end investment companies that comply with rule 23c-3
under the Act and continuously offer their shares at net asset value,
that are in the Fund's group of investment companies (collectively,
``Other Funds''). Shares of a Fund operating pursuant to rule 23c-3
that are exchanged for shares of Other Funds will be included as part
of the amount of the repurchase offer amount for such Fund as specified
in rule 23c-3 under the Act. Any exchange option will comply with rule
11a-3 under the Act, as if the Fund were an open-end investment company
subject to rule 11a-3. In complying with rule 11a-3, each Fund will
treat an EWC as if it were a contingent deferred sales load (``CDSL'').

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act makes it unlawful for a closed-end
investment company to issue a senior security that is a stock unless
certain requirements are met. Applicants state that the creation of
multiple classes of shares of the Funds may violate section 18(a)(2)
because the Funds may not meet such requirements with respect to a
class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
registered closed-end investment company may not issue or sell any
senior security if, immediately thereafter, the company has outstanding
more than one class of senior security. Applicants state that the
creation of multiple classes of Shares of a Fund proposed herein may
result in Shares of a class having ``priority over [another] class as
to . . . payment of dividends,'' and being deemed a ``senior
security,'' because shareholders of different classes may pay different
distribution fees, different shareholder services fees, and any other
expense. Accordingly, applicants state that the creation of multiple
classes of Shares of a Fund with different fees and expenses may be
prohibited by section 18(c).
    3. Section 18(i) of the Act provides, in relevant part, that each
share of stock issued by a registered management investment company
will be a voting stock and have equal voting rights with every other
outstanding voting stock. Applicants state that multiple classes of
shares of the Funds may violate section 18(i) of the Act because each
class would be entitled to exclusive voting rights with respect to
matters solely related to that class.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
section 6(c) from sections 18(a)(2), 18(c) and 18(i) to permit the
Funds to issue multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its securities and
provide investors with a broader choice of shareholder services.
Applicants assert that the proposed closed-end investment company
multiple class structure does not raise the concerns underlying section
18 of the Act to any greater degree than open-end investment companies'
multiple class structures that are permitted by rule 18f-3 under the
Act. Applicants state that each Fund will comply with the provisions of
rule 18f-3 as if it were an open-end investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company shall purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits an interval fund to make
repurchase offers of between five and twenty-five percent of its
outstanding shares at net asset value at periodic intervals pursuant to
a fundamental policy of the interval fund. Rule 23c-3(b)(1) under the
Act permits an interval fund to deduct from repurchase proceeds only a
repurchase fee, not to exceed two percent of the proceeds, that is paid
to the interval fund and is reasonably intended to compensate the fund
for expenses directly related to the repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose EWCs on shares of the Funds submitted for repurchase
that have been held for less than a specified period.
    5. Applicants state that the EWCs they intend to impose are
functionally similar to CDSLs imposed by open-end investment companies
under rule 6c-10 under the Act. Rule 6c-10 permits open-end investment
companies to impose CDSLs, subject to certain conditions. Applicants
note that rule 6c-10 is grounded in policy considerations supporting
the employment of CDSLs where there are adequate safeguards for the
investor and state that the same policy considerations support
imposition of EWCs in the interval fund context. In addition,
applicants state that EWCs may be necessary for the distributor to
recover distribution costs. Applicants represent that any EWC imposed
by the Funds will comply with rule 6c-10 under the Act as if the rule
were applicable to closed-end investment companies. The Funds will
disclose EWCs in accordance with the requirements of Form N-1A
concerning CDSLs.

Asset-Based Service and Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of (or principal underwriter for) a registered
investment company, or an affiliated person of such person, acting as
principal, from participating in or effecting any transaction in
connection with any joint enterprise or joint arrangement in which the
investment company participates unless the Commission issues an order
permitting the transaction. In reviewing applications submitted under
section 17(d) and rule 17d-1, the Commission considers whether the
participation of the investment company in a joint enterprise or joint
arrangement is consistent with the provisions, policies and purposes of
the Act, and the extent to which the participation is on a basis
different from or less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants

request an order under section 17(d) and rule 17d-1 under the Act to
the extent necessary to permit the Funds to impose asset-based service
and distribution fees. Applicants have agreed to comply with rules 12b-
1 and 17d-3 as if those rules applied to closed-end investment
companies, which they believe will resolve any concerns that might
arise in connection with a Fund financing the distribution of its
shares through asset-based service and distribution fees.
    3. For the reasons stated above, applicants submit that the
exemptions requested under section 6(c) are necessary and appropriate
in the public interest and are consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the Act. Applicants further submit that the relief requested
pursuant to section 23(c)(3) will be consistent with the protection of
investors and will insure that applicants do not unfairly discriminate
against any holders of the class of securities to be purchased.
Finally, applicants state that the Funds' imposition of asset-based
service and distribution fees is consistent with the provisions,
policies, and purposes of the Act and does not involve participation on
a basis different from or less advantageous than that of other
participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-24469 Filed 11-3-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72522]
[FR Doc No: 2023-23187]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4720-DR; Docket ID FEMA-2023-0001]

Vermont; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Vermont (FEMA-4720-DR), dated July 14, 2023, and related
determinations.

DATES: This amendment was issued September 19, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this declared disaster is now July 7, 2023, through and
including July 21, 2023.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23187 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]
[Page 5581-5582]
[DOCID:fr03fe10-37]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0894; FRL-9108-6]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Registration of Fuels and Fuel Additives--Requirements
for Manufacturers; EPA ICR No. 0309.13, OMB Control No. 2060-0150

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on July 31, 2010. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before April 5, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0894, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2006-0894, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Room B102, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2006-
0894. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of
Transportation and Air Quality, Mailcode: 6406J, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0894, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Air and Radiation Docket
is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.

    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
the manufacturers of motor-vehicle gasoline, motor-vehicle diesel fuel,
and additives for those fuels.
    Title: Registration of Fuels and Fuel Additives--Requirements for
Manufacturers.
    ICR numbers: EPA ICR No. 0309.13, OMB Control No. 2060-0150.
    ICR status: This ICR is currently scheduled to expire on July 31,
2010. 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. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: In accordance with the regulations at 40 CFR Part 79,
Subparts A, B, C, and D, Registration of Fuels and Fuel Additives,
manufacturers (including importers) of motor-vehicle gasoline, motor-
vehicle diesel fuel, and additives for those fuels, are required to
have these products registered by the EPA prior to their introduction
into commerce. Registration involves providing a chemical description
of the fuel or additive, and certain technical, marketing, and health-
effects information. The development of health-effects data, as
required by 40 CFR Part 79, Subpart F, is covered by a separate
information collection. Manufacturers are also required to submit
periodic reports (annually for additives, quarterly and annually for
fuels) on production volume and related information. The information is
used to identify products whose evaporative or combustion emissions may
pose an unreasonable risk to public health, thus meriting further
investigation and potential regulation. The information is also used to
ensure that gasoline additives comply with EPA requirements for
protecting catalytic converters and other automotive emission controls.
The data have been used to construct a comprehensive data base on fuel
and additive composition. The Mine Safety and Health Administration of
the Department of Labor restricts the use of diesel additives in
underground coal mines to those registered by EPA. Most of the
information is confidential.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average two
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 1500.
    Frequency of response: On occasion, quarterly, annually.
    Estimated total average number of responses for each respondent: 6.
    Estimated total annual burden hours: 19,700.
    Estimated total annual costs: $2.2 million. This includes an
estimated burden cost of $2.17 million and an estimated cost of $0.04
million for capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is an increase of 2,550 hours in the total estimated annual
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase reflects EPA's updating of burden
estimates. The increase is due to an increase in the number of
registered fuels.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 27, 2010.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. 2010-2249 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R06 OAR 2005 TX 0027; FRL______________________]

Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Chapter 117, Emission Inventories, Transportation Conformity Budgets, and 5% Increment of Progress Plan for the Dallas/ Fort Worth 8 Hour Ozone Nonattainment Area AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to approve revisions to the State Implementation Plan ( SIP)

submitted by the state of Texas for the Dallas/ Fort Worth ( DFW) nonattainment area as meeting 1 hour ozone serious area requirements. EPA is proposing to approve the 5% Increment of Progress ( IOP) emission reduction plan, the 2002 base year inventory, and a 2007 motor vehicle emission budget for the DFW 8 hour ozone nonattainment area. EPA is also proposing to approve a federal consent decree concerning the Alcoa Rockdale plant in Milam County; energy efficiency measures implemented within the DFW 8 hour ozone nonattainment area; and revisions to 30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, concerning stationary reciprocating internal combustion engines operating within the DFW 8 hour ozone nonattainment area. These revisions will allow the State of Texas to fulfill remaining obligations under the 1 hour ozone standard in the DFW nonattainment area. These actions are being taken in accordance with section 110 and part D of the Clean Air Act ( the Act) and EPA's regulations. 2 The intended effect of this action is to approve revisions submitted which satisfy outstanding 1

hour ozone obligations for the DFW area and result in emission reductions within 3 years of the DFW area's nonattainment designation under the 8 hour ozone standard.

DATE: Comments must be received on or before [ Insert date 30 days from date of publication in the Federal Register].

ADDRESSES: Submit your comments, identified by Docket No. EPA R06 OAR 2005 TX

0027, by one of the following methods:

° Federal eRulemaking Portal: http:// www. regulations. gov. Follow the on line instructions for submitting comments.

° U. S. EPA Region 6 " Contact Us" web site: http:// epa. gov/ region6/ r6coment. htm.

Please click on " 6PD" ( Multimedia) and select " Air" before submitting comments.

° E mail: Mr Thomas Diggs at diggs. thomas@ epa. gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below.

° Fax: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L), at fax number 214 665

7263.

° Mail: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

° Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L),

Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733. 3 Such deliveries are accepted only between the hours of 8: 00 a. m. and 4: 00 p. m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA R06 OAR 2005 TX 0027. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www. regulations. gov, including any personal information provided,

unless the comment includes information claimed to be Confidential Business Information ( CBI)

or other information the disclosure of which is restricted by statute. Do not submit information through www. regulations. gov or e mail that you consider to be CBI or otherwise protected from disclosure. The www. regulations. gov website is an " anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification,

EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the www. regulations. gov index. Although listed in the index, some information is not publicly available, e. g., CBI or other information whose 4 disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www. regulations. gov or in hard copy at the Air Planning Section ( 6PD L),

Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202 2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8: 30 a. m. and 4: 30 p. m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cents per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment:

Texas Commission on Environmental Quality, Office of Air Quality, 12124 Park 35 Circle,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Inquiries regarding Chapter 117 should be directed to Alan Shar, Air Planning Section ( 6PD L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202 2733, telephone ( 214) 665 6691; fax number 214 665 7263; e mail address shar. alan@ epa. gov. Inquiries on all other aspects of this rulemaking should be directed to Carrie Paige, Air Planning Section ( 6PD L), Environmental 5 Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202 2733,

telephone ( 214) 665 6521; fax number 214 665 7263; e mail address paige. carrie@ epa. gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever " we," " us," or " our" is used, we mean the EPA.

Outline:

I. What Actions are We Proposing?

II. What is the Background for these Actions?

III. What Is Ozone?

IV. What are the 5% Increment of Progress Plan Requirements?

A. 2002 Emissions Inventory 1. Point Sources 2. Area Sources 3. Onroad Mobile Sources 4. Nonroad Mobile Sources B. 2007 Emissions Projections 1. What are the Motor Vehicle Emissions Budgets?

2. What NOx Control Measures did the State Submit?

a. The Texas Emissions Reduction Plan ( TERP)

b. Energy Efficiency c. Alcoa  Milam County 6 d. Stationary Reciprocating Internal Combustion Engines 3. What VOC Control Measures did the State Submit?

a. Statewide Portable Fuel Container Rule b. Surface Coating Operations c. Stage I Vapor Recovery C. Calculation of the 5% Reduction V. Proposed Action VI. Statutory and Executive Order Reviews I. What Actions are We Proposing?

Today we are proposing to approve revisions to the SIP submitted by the state of Texas for the DFW nonattainment area as meeting 1 hour ozone serious area requirements. We are proposing to approve the 5% IOP plan for the nine counties that comprise the DFW 8 hour ozone nonattainment area. As an integral part of the 5% IOP plan, we are also proposing to approve the 2002 base year emissions inventory ( EI) and the 2007 motor vehicle emissions budget ( MVEB).

Before approving the 5% IOP plan, we must approve all of the control measures relied upon in the 5% IOP plan. The majority of the control measures have already been approved in other Federal Register documents. We are proposing to approve three control measures which support the 5% IOP plan in today's action: a federal consent decree concerning an Alcoa plant in Rockdale, Milam County; energy efficiency measures implemented within the DFW 8 hour ozone nonattainment area; and revisions to 30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, concerning stationary reciprocating internal combustion engines operating 7 within the DFW 8 hour ozone nonattainment area. We previously proposed to approve that Reasonably Available Control Technology ( RACT) is in place for all major sources of volatile organic compounds ( VOCs) in the DFW 1 hour ozone nonattainment area ( 66 FR 4756).

Although we are not reopening the comment period on RACT, we intend to finalize our proposed approval at the same time we finalize this proposal. We are proposing to approve these revisions under section 110 and part D of the Act and EPA's regulations.

II. What is the Background for these Actions?

The EPA published the 8 hour ozone designations and the first phase governing implementation of the 8 hour ozone standard ( phase I rule) in the Federal Register ( FR) on April 30, 2004 ( 69 FR 23858 and 69 FR 23951, respectively). The DFW area was designated as nonattainment for the 8 hour ozone standard and comprises nine counties: Collin, Dallas, Denton,

and Tarrant counties ( these four constitute the 1 hour ozone nonattainment area, hereinafter referred to as the four core counties), and Ellis, Johnson, Kaufman, Parker and Rockwall counties. At the time of designation however, the four core counties remained in nonattainment for the 1 hour standard and had two outstanding 1 hour ozone obligations: ( 1) the area did not have an approved 1 hour ozone attainment demonstration; and ( 2) the area did not have approved RACT requirements for major sources of VOC emissions ( VOC RACT).

The phase I rule revoked the 1 hour ozone standard ( see 69 FR 23951). The phase I rule further provided three options for areas that had not met the 1 hour ozone attainment demonstration requirement: 1) Submit a 1 hour attainment demonstration no later than 1 year after designation; 2) Submit a Reasonable Further Progress ( RFP) plan for the 8 hour National 8 Ambient Air Quality Standards ( NAAQS), no later than 1 year following designations for the 8

hour NAAQS, providing a 5% increment of emissions reduction from the area's 2002 EI; or 3)

Submit an early 8 hour ozone attainment demonstration SIP that ensures that the first segment of RFP is achieved early ( See 40 CFR § 51.905( a)( ii)). Texas selected option 2, to submit the RFP plan providing a 5% increment of emissions reduction from the area's 2002 EI. This increment of emissions reduction is called the 5% IOP plan. Revisions in this rulemaking enable the DFW area to meet the 5% IOP, which fulfills the 1 hour ozone attainment demonstration obligation.

The phase I rule also provides that 1 hour ozone nonattainment areas are required to adopt and implement " applicable requirements" according to the area's classification under the 1

hour ozone standard for anti backsliding purposes ( see 40 CFR § 51.905( a)( i)). On May 26, 2005,

we determined that an area's 1 hour designation and classification as of June 15, 2004 would dictate what 1 hour obligations remain as " applicable requirements" under the phase I rule ( 70 FR 30592). The DFW 1 hour nonattainment area was still classified as serious on June 15, 2004, so the 1 hour ozone standard requirements applicable to the four core counties are those that apply to nonattainment areas classified as serious. The only outstanding " applicable requirement" for the four core counties is the VOC RACT. We noted above that we proposed to approve RACT for all major sources of VOCs in the 1 hour DFW nonattainment area on November 18, 2001 ( 66 FR 4756) and received no comments. Although we are not reopening the comment period on VOC RACT, we intend to finalize that proposed approval in the same rulemaking that we finalize this proposal.

The DFW area has satisfied all other serious area applicable requirements under the 1 hour ozone standard. See the area's Clean Fuels Fleet Program ( February 7, 2001 at 66 FR 9203); the 9 area's post 1996 Rate of Progress ( ROP) plan and associated MVEBs ( March 28, 2005 at 70 FR 15592); and the area's 15% ROP plan and associated MVEBs ( April 12, 2005 at 70 FR 18993).

For a complete list, see the Texas SIP map at http:// www. epa. gov/ earth1r6/ 6pd/ air/ sip/ sip. htm.

III. What Is Ozone?

Ozone is a gas composed of three oxygen atoms. At ground level, it is created by a chemical reaction between nitrogen oxides ( NOx) and VOCs in the presence of sunlight. Ozone and NOx are two of six common pollutants, also known as criteria pollutants, for which EPA has set NAAQS. Motor vehicle exhaust and industrial emissions, gasoline vapors, and chemical solvents as well as natural sources emit NOx and VOCs, help to form ozone. Sunlight and hot weather cause ground level ozone to form in harmful concentrations in the air. As a result, ozone is known as a summertime air pollutant. Many urban areas tend to have high levels of groundlevel ozone, but rural areas are also subject to increased ozone levels because wind carries ozone and its precursors hundreds of miles from their sources.

Repeated exposure to ozone pollution may cause permanent lung damage. Even at very low levels, ground level ozone triggers a variety of health problems including aggravated asthma,

reduced lung capacity, and increased susceptibility to respiratory illnesses like pneumonia and bronchitis. It can also have detrimental effects on plants and ecosystems.

IV. What are the 5% Increment of Progress Plan Requirements? 10 1 " Guidance on 5% Increment of Progress" ( 40 CFR 51.905( a)( 1)( ii)), August 18, 2004; from Lydia Wegman, Director, OAQPS, to EPA Regional Air Directors. EPA issued a guidance memorandum on August 18, 20041 that outlines the criteria for 5%

IOP plans. In brief summary, the guidance states that the reductions should be based on a 2002 EI, does not allow credit from Federal measures or measures in the SIP as of 2002, provides that the reductions occur by 2007, and allows use of NOx, VOCs, or some combination of both pollutants, to meet the 5% reduction. The steps involved in determining the emissions needed to meet the 5% reduction are the establishment of the 2002 baseline EI, calculation of the 5%

reduction, and projection of the 2007 EI. We will present the 2002 and 2007 inventories, with a discussion of measures that will contribute to emission reductions in the area, and conclude by demonstrating the 5% reduction.

A. 2002 Emissions Inventory The Clean Air Act Amendments of 1990 has the requirement that EIs be prepared for ozone nonattainment areas. Because ozone is photochemically produced in the atmosphere when VOCs are mixed with NOx in the presence of sunlight, ozone EIs focus on these precursor pollutants. The EI identifies the source types present in an area, the amount of each pollutant emitted, and the types of processes and control devices employed at each plant or source category. The Act requires the inventories to be actual emissions. The 2002 EI will provide a baseline emission level for calculating reduction targets and the control strategies for achieving the required emission reductions. The inventory of emissions of VOC and NOx is summarized from the estimates developed for four general categories of emissions sources: point, area, onroad 11 mobile, and nonroad mobile.

Point Sources Major point sources for inventory reporting in nonattainment areas are defined as industrial, commercial, or institutional sources that emit actual levels of criteria pollutants at or above 10 tons per year ( tpy) of VOC, 25 tpy of NOx, or 100 tpy of other criteria pollutants.

The Texas Commission on Environmental Quality ( TCEQ) collects data from sources identified as having triggered the levels of emissions indicated above. Data submitted is quality assured and entered into the State of Texas Air Reporting System. For more details, refer to the Technical Support Document ( TSD).

A list of emissions by facility for all nine counties in the DFW nonattainment area is provided in Attachment 2 of the TSD. The State separately accounts for NOx emissions from the Alcoa facility, as it lies outside the DFW nonattainment area. The 5% guidance allows a nonattainment area to include VOC sources within 100 kilometers ( km) and NOx sources within 200 km of the nonattainment area in calculations of IOP reductions. The Alcoa facility is 120 miles from DFW, thus only the NOx emissions are allowed. The NOx emissions for the entire facility are added to the DFW area's EI, as required by the guidance; these emissions are 23.17 tons per day ( tpd). The 2002 point source inventory for NOx is 79.31 tpd and 28.31 tpd for VOCs; with Alcoa's emissions, the point source inventory for NOx is adjusted to 102.48 tpd.

Area Sources Area sources have emissions below the point source reporting levels and are too numerous 12 and/ or too small to identify individually. Area sources include commercial, small scale industrial,

and residential categories that use materials or processes that generate emissions. Area sources are categorized by hydrocarbon evaporative emissions or fuel combustion emissions; examples include printing operations, house paints, gasoline service station underground tank filling and vehicle refueling, outdoor burning, structural fires, and wildfires.

Emissions for area sources are estimated as county wide totals. These emissions, with some exceptions, may be calculated by an established, EPA approved, emission factor. Actual activity data is used when available, e. g., gallons of gasoline sold in a county, number of wildfire acres burned, etc. When activity data is unavailable, surrogates such as county population and employment data by industry type are used. The methodology is provided in Appendix A of the submittal. A detailed listing of emissions by area source type for all nine counties in the DFW area is provided in Attachment 3 of the TSD. The State separately accounts for VOC emissions from the gas can rule ( see paragraph B( 3) below  portable fuel containers) within a 100 km radius outside the DFW area. The 2002 area source inventory, adjusted to include 4.52 tpd VOC emissions from the gas can rule, is 38.03 tpd of NOx and 208.92 tpd for VOCs.

Onroad Mobile Sources Onroad mobile sources are automobiles, trucks, motorcycles, and other motor vehicles traveling on roadways. Combustion related emissions are estimated for vehicle engine exhaust,

and evaporative hydrocarbon emissions are estimated for the fuel tank and other evaporative leak sources on the vehicle. The 2002 onroad mobile source EI was prepared by the North Central Texas Council of Governments ( NCTCOG) and used the newest EPA onroad emission factor 13 model, MOBILE6.2. Emission factors were applied to vehicle activity using the Texas Mobile Source Emission Software. Vehicle activity was generated using the DFW Regional Travel Model. Emissions were summarized in 24 one hour periods and for a daily total for all counties identified in the analysis. Additional details are included in the TSD. The 2002 onroad mobile source inventory for NOx is 345.44 tpd and 156.34 tpd for VOCs.

Nonroad Mobile Sources Nonroad mobile sources are aircraft, railroad locomotives, recreational vehicles and boats,

and a broad range of equipment, from 600 horsepower engines in the construction equipment class to one horsepower string trimmers in the lawn and garden class. The EPA NONROAD model is used to calculate emissions for all nonroad mobile sources except aircraft, locomotives,

and commercial marine vessels. This model generates emissions for equipment in the following classes: Agricultural, Commercial, Construction, Industrial/ Oilfield, Lawn and Garden, Logging,

and Railway Maintenance.

Emissions from commercial and military aircraft are calculated using the Federal Aviation Administration's Emissions and Dispersion Modeling System model, which uses actual recorded landing/ takeoff ( LTO) data and aircraft types to generate emissions. Smaller aircraft emissions are calculated using EPA emission factors and applicable LTO data. Emissions from ground support equipment at commercial airports are based on a recent survey in the DFW area.

Locomotive emissions are based on fuel use and track mileage and individual railroad lines were surveyed for actual data. The 2002 nonroad mobile source inventory is 136.24 tpd for NOx and 70.08 tpd for VOCs. See the TSD for more detailed information. 14 Although EPA's 5% guidance allows states to use EPA's draft 2002 National Emissions Inventory ( NEI) for the 2002 baseline inventory, the TCEQ submitted their own 2002 EI for point, area, onroad mobile, and nonroad mobile sources for all nine counties in the DFW nonattainment area. The inventory is the peak ozone season daily average of actual emissions for each source and includes more accurate activity data than that available in EPA's NEI. The TCEQ's inventory of ozone precursors for all nine counties in the DFW nonattainment area is shown in Table 1; the point and area emissions are unadjusted for emissions outside the nonattainment area. This unadjusted EI is comprised of actual emissions within the nonattainment area, as required by the Act, which will provide the baseline emission level for calculating reduction targets and the control strategies for achieving the required emission reductions. We are proposing to approve the 2002 baseline EI.

Table 1  2002 Anthropogenic Emissions for the DFW 9 County Nonattainment Area Major Source Category 2002 VOC emissions ( tpd) 2002 NOx emissions ( tpd)

Point 28.31 79.31 Area 204.42 38.03 Onroad Mobile 156.34 345.44 Nonroad Mobile 70.08 136.24 Total 459.15 599.02 B. 2007 Emissions Projections The future year or 2007 inventory reflects growth and controls from measures already in the SIP or expected to occur due to Federal measures; these emissions are presented in Table 2, in 15 contrast with the 2002 emission inventories.

Texas developed the 2007 point source EI by multiplying the 2002 baseline EI by growth factors that represent industrial expansion through 2007. This includes all of the NOx and VOC controls already in place, per State rules that require reductions between 2002 and 2007. The 2007 point source inventory is projected to be 83.52 tpd NOx and 30.42 tpd VOC. A detailed discussion of the future point source inventory is provided in the TSD.

The 2007 EI for area sources was projected using EPA's Economic Growth Analysis System ( EGAS) growth factors, which contain individual growth factors for each category and forecasting year. This is the EPA standard and accepted method for developing future year EIs.

The projected 2007 area source inventory is 39.64 tpd NOx and 215.91 tpd VOC.

The MOBILE6.2 model was used to estimate onroad emission factors for 2007. This model incorporates local information on fleet mix and activity data, and Federal, State and local measures that will be implemented by 2007. The projected 2007 onroad mobile inventory is 206.72 tpd NOx and 104.14 tpd VOC.

The 2007 EI for nonroad mobile sources was developed using the NONROAD model.

Projected LTO data was used to develop the 2007 aircraft and ground support EIs, and railroad activity for 2007 was estimated using previous year surveys and data from local railroad lines.

The projected 2007 nonroad mobile source inventory is 120.83 tpd NOx and 54.58 tpd VOC.

Table 2: 2002 and 2007 VOC and NOx Emissions by County and Major Category ( in tpd)

Major Source Category 2002 VOC Emissions 2007 VOC Emissions 2002 NOx Emissions 2007 NOx Emissions 16 Point 28.31 30.42 79.31 83.52 Area 204.42 215.91 38.03 39.64 Onroad Mobile 156.34 104.14 345.44 206.72 Nonroad Mobile 70.08 54.58 136.24 120.83 Total 459.15 405.05 599.02 450.71 What are the Motor Vehicle Emissions Budgets?

The motor vehicle emission budget ( MVEB) establishes a ceiling for emissions from onroad mobile sources. The onroad EI in the SIP sets the MVEB, which is used to meet the EPA's transportation conformity requirements, found at 40 CFR part 51, subpart T and part 93,

subpart A. EPA's conformity rules require that transportation plans and related projects result in emissions that do not exceed the MVEB established in the SIP.

The MVEBs for DFW were established by subtracting onroad emission reductions from the onroad mobile source EI for 2007. The Texas Emission Reduction Plan ( TERP) is a NOx emission reduction strategy which can be applied toward the 5% IOP. The TERP assumes reductions of 22.2 tpd by 2007 and allocates 33.1% of the reductions to onroad mobile and 66.9% to nonroad mobile. The TCEQ has conservatively estimated TERP to provide onroad mobile NOx reductions of 5.4 tpd for the DFW area by June 15, 2007. The TERP applies specifically to NOx reductions and information on VOCs is not available. The MVEBs for DFW were found adequate for use in transportation conformity on June 01, 2005 ( 70 FR 31441). Table 3 documents the MVEBs that have been established by this SIP revision. EPA is proposing to approve these MVEBs and, upon final approval, all future transportation improvement programs,

projects and plans for the DFW area will need to show conformity to the budgets in this plan; 17 previous budgets approved or found adequate are not applicable.

Table 3: 2007 DFW Motor Vehicle Emissions Budgets Criteria Used to Establish the 2007 MVEB VOC ( tpd) NOx ( tpd)

2007 onroad mobile source inventory, unadjusted 104.14 206.72 TERP credits ( allocation for onroad mobile) 0   5.4 2007 MVEB 104.14 201.32 What NOx Control Measures did the State Submit?

1. Texas Emissions Reduction Plan ( TERP)

The TERP, discussed briefly above, was established by the Texas Legislature with the enactment of Senate Bill 5 ( SB5). The concept of this economic incentive program was approved into the Texas SIP on November 14, 2001 ( 66 FR 57159). State rules that govern TCEQ's administration of the TERP were approved into the SIP August 19, 2005 ( 70 FR 48647).

The TERP primarily addresses diesel emission reductions, while a small percentage of the program is allocated to energy efficiency. The TERP analyses for this program are found in the SIP narrative and a TCEQ Interoffice Memorandum dated August 16, 2004. Projected credits are based on cost per ton of previous projects. Considering diesel emission reduction projects recently funded and the approach established for allocating future TERP funds, we agree that TERP funding should be sufficient to achieve NOx reductions of 22.2 tpd in the DFW area by 2007.

Additional detail is provided in the TSD.

2. Energy Efficiency 18 The Texas Legislature enhanced the use of Energy Efficiency/ Renewable Energy ( EE/ RE)

programs for meeting TERP goals by requiring TCEQ to promote the use of energy efficiency as a way of meeting the NAAQS and to develop a method for calculating emissions reductions from energy efficiency. To achieve energy savings in new construction, SB 5 mandated statewide adoption of the International Residential Code ( IRC) and the International Energy Conservation Code ( IECC) for residential, commercial and industrial buildings, through new building code requirements ( Texas Health and Safety Code, Chapter 388  Texas Building Energy Performance Standards), which are enforced by local jurisdictions. The emissions reductions relied upon in this 5% IOP plan occurred in 2003 because of the energy savings achieved by power plants and newly constructed residential buildings.

These NOx reductions have already been achieved. To calculate the SIP credit for these NOx reductions, a method was developed by the Energy Systems Laboratory ( ESL) of Texas A& M University, with assistance from EPA's Office of Atmospheric Programs, the TCEQ, and the Electric Reliability Council of Texas ( ERCOT). We are proposing to find that the methodology for quantifying the completed emissions reductions for credit in the SIP is reasonable. See the TSD for additional information. The energy savings achieved provided NOx reductions at each power plant within the ERCOT region ( the ERCOT serves about 85% of Texas, including the DFW nonattainment area) and reductions of natural gas within each county,

statewide. The NOx reductions were due to EE measures in new construction for single and multi family residences. The reductions in natural gas were due to the elimination of pilot lights in furnaces.

The TCEQ did not project 2007 NOx reductions from EE measures in the DFW 19 nonattainment area. Rather, the State, using the above described methodology, quantified the EE reductions that have already occurred by using several spreadsheet programs that conservatively calculated energy savings from the electricity and natural gas reductions for residential,

commercial and industrial buildings. The measures were completed and the reductions occurred by 2003. These reductions have not been relied upon in another RFP/ ROP plan for Texas and will not receive credit in another SIP. Therefore, the reductions are surplus. These measures have been implemented in residential construction, which has a lifetime beyond the term for which this credit is granted ( 2007) and are therefore permanent.

As indicated above, the NOx reductions have been achieved and were calculated to be 0.72 tpd in the DFW area. The total amount of NOx reductions calculated for the RFP, as shown in Table 8 below, is 27.59 tpd. The SIP credit for the emissions already achieved ( 0.72 tpd) is 2.6% of this total and therefore meets the 3% limit. Additional details are provided in the TSD.

EPA's approval of these SIP credits will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the Act and the credits meet and comply with section 110( l) of the Act. We are proposing to approve the NOx emissions reductions achieved by the EE measures as credit in the SIP for 0.72 tpd because they contribute to attainment of the 8 hour ozone NAAQS, are permanent and surplus, and are relied upon in the 5% IOP plan. We propose to approve these NOx emission reductions of 0.72 tpd under sections 110 and part D of the Act.

3. Alcoa  Milam County On April 9, 2003, a Federal Consent Decree was signed with Alcoa that required the company to reduce NOx emissions from 3 boilers located at its facility in Milam County. These 20 boilers are fired by locally mined lignite coal and provide power for the aluminum smelting operations. The facility is located nearly 120 miles outside of the DFW nonattainment area, which is within the 200 km radius for NOx emissions, but beyond the 100 km radius for VOCs. Texas chose to include emission reductions for just one of the boilers. Although Texas submitted NOx reductions of 3.9 tpd, we calculate 2.8 tpd reduction in NOx emissions that would be creditable toward the 5% IOP plan. Today we are proposing to approve the submission of the federal consent decree concerning the Alcoa Rockdale, Milam County facility, as described in the SIP Narrative by the TCEQ, into the Texas SIP as a part of the 5% IOP plan for the purposes of establishing the quantifying methodology, the implementation, and making SIP enforceable Alcoa's choice, as defined in the consent decree, to shut down one of the three boilers and replace one of the two remaining boilers with a circulating fluidized bed ( CFB) boiler by June 15, 2007 as described in the SIP Narrative by the TCEQ, to ultimately achieve SIP credit for NOx emissions reductions of 2.8 tpd.

To receive credit for reductions, the total NOx emissions must be added to the inventory for the base year. Texas therefore added 23.17 tpd of NOx emissions to the 2002 inventory for Alcoa and took credit for NOx reductions of 3.9 tpd, but did not take credit for VOC reductions.

These NOx reductions are also required to be permanent, enforceable, quantifiable and surplus.

The terms of the federal consent decree are legally enforceable by EPA. Texas issued Permit No. 48437 to Alcoa that incorporates the terms of the consent decree, so the reductions are also enforceable by TCEQ. The consent decree and State Permit contain emission limits upon which to quantify the emission reductions. Texas included NOx emission reductions of 3.9 tpd by June 15, 2007. 21 The terms of the consent decree are also permanent. The consent decree remains in place until either the existing boilers achieve and maintain certain emission limitations for 24 months,

the replacement boilers achieve and maintain certain emission limitations for 24 months, or the existing boilers have been permanently shut down. Additionally, the consent decree terminates only after all of the requirements of the consent decree, including those mentioned above, are incorporated into the Title V operating permit for the Rockdale facility.

The NOx reductions are surplus to the State's Regional Ozone plan, relied upon in all of the Texas ozone nonattainment areas but for the El Paso area, and which required a 50%

reduction to utility NOx emissions in the selected East and Central Texas counties, a 30% NOx emission reduction to non utility grandfathered sources in the selected East and Central Texas counties, NOx emissions reductions at Alcoa, Milam County and Eastman Chemical Company near Longview, Texas through Agreed Orders, and NOx emissions reductions through a statewide water heater rule. EPA approved the Regional Ozone SIP on October 26, 2000, at 65 FR 64148. Some of the NOx reductions obtained through compliance with the federal consent decree are not considered surplus and are not creditable. Alcoa however, agreed in the federal consent decree to go beyond all applicable federal requirements. At the time of the occurring violations addressed in the federal consent decree, Alcoa as a lignite burning facility would have been limited to 0.6 lbs/ million Btu. A review of the Agreed Order approved by EPA as part of the Regional SIP allowed the facility 0.8 lbs/ million Btu by 2002. The difference between 0.8 and 0.6 lbs/ million Btu would not be creditable. Using a conservative assumption that Alcoa operated at 0.8 lbs/ million Btu in 2002 and recognizing that Alcoa must reduce the operating rate to 0.1 lbs/ million Btu, we calculated that 71% of the reductions reported by Texas would be available 22 for credit ( 71% of 3.9 tpd). Therefore, EPA proposes to approve 2.8 tpd as creditable toward the 5% IOP. Calculations and additional detail are provided in the TSD.

Approving the Alcoa federal consent decree into the DFW SIP for establishing and making enforceable a 2.8 tpd reduction in NOx emissions by shutting down one of the three boilers and replacing one of the two remaining boilers with a CFB boiler before June 15, 2007,

improves the DFW SIP as it requires the affected source to reduce its NOx emissions beyond the level of compliance otherwise required by law and to incorporate those requirements into a Title V operating permit. We are proposing to approve these revisions to the Texas SIP because they will contribute to attainment of the 8 hour ozone NAAQS, because they meet the EPA rules and are consistent with EPA guidance, and were one of the control measures relied upon in the 5%

IOP plan. As such, EPA's approval of this revision will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the Act and it meets and complies with section 110( l) of the Act. We propose to approve these rules under section 110 and part D of the Act.

4. Stationary Reciprocating Internal Combustion Engines On May 13, 2005 the TCEQ Chairman submitted to us rule revisions to 30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, concerning stationary reciprocating internal combustion ( IC) engines operating within the DFW eight hour ozone nonattainment area ( the Chapter 117 SIP submittal). The Chapter 117 SIP submittal primarily addresses NOx emissions from IC engines with a horsepower rating greater than or equal to 300 hp in the nine Texas Counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant. The affected engines under the Chapter 117 SIP submittal are lean burn, rich burn, and 23 dual fuel ( gas and liquid) fired lean burn engines. The rule revisions include more stringent NOx emissions limitations on lean burn and dual fuel fired lean burn IC engines operating in Collin,

Dallas, Denton, and Tarrant Counties and apply the limitations to those engines in Ellis, Johnson,

Kaufman, Parker, and Rockwall Counties. They also impose new NOx emissions limitations on gas fired rich burn IC engines in all nine counties of the DFW 8 hour ozone nonattainment area.

See attachment 5 of the TSD for more information. The Chapter 117 SIP submittal should result in NOx reductions of 1.87 tpd by 2007 for the DFW eight hour ozone nonattainment area. Today,

we are proposing to approve the Chapter 117 SIP submittal as part of the 5% IOP plan.

The current Texas SIP contains no Federally approved requirements for controlling NOx emissions from gas fired rich burn, and gas fired lean burn IC engines operating within Ellis,

Johnson, Kaufman, Parker, and Rockwall counties. By approving the Chapter 117 SIP submittal,

we will be improving the Texas SIP for enforcement and ozone attainment purposes. As such,

EPA's approval of this revision will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the Act and it meets and complies with section 110( l) of the Act.

On September 1, 2000 ( 65 FR 53172), EPA approved NOx emission specifications for IC engines as a part of the ozone control measures for the DFW one hour ozone nonattainment area that included the four core counties  Collin, Dallas, Denton, and Tarrant. Table 4 contains a summary of the 65 FR 53172 rulemaking for IC engines operating in the four core counties.

Table 4  Affected Sources, NOx Emission Specifications, and Additional Information 24 Source NOx Emission Specifications Additional information Internal Combustion Engines 3.0 gram/ hp hr Natural gas, lean burn, stationary, capacity $ 300 hp in DFW. Also a 3.0 gram/ hp hr limit for CO.

On March 16, 2001 ( 66 FR 15195), EPA approved NOx emission specifications for IC engines as part of the ozone control measures for the DFW one hour ozone nonattainment area that included the four core counties; Table 5 is a summary of the 66 FR 15195 rulemaking for IC engines operating in the four core counties.

Table 5  Affected Sources, NOx Emission Specification, and Additional Information Source NOx Emission Specifications Additional information Internal Combustion Engines 2.0 gram/ hp hr Gas fired, dual fuel lean burn ( Collin, Dallas, Denton and Tarrant Counties), capacity $ 300 hp, also 3.0 gram/ hp hr for CO.

The area in Tables 4 and 5 refers to the four core counties. Table 6 contains a summary of NOx control requirements for IC engines operating in the DFW eight hour ozone nonattainment area under the Chapter 117 submittal being proposed for approval today.

Table 6  Affected Sources, NOx Emission Specifications, and Additional Information Source NOx limit Additional information Internal Combustion Engines 2.0 gram/ hp hr Gas fired lean burn ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties), capacity $ 300 hp, also 3.0 gram/ hp hr for CO. 25 Source NOx limit Additional information Internal Combustion Engines 2.0 gram/ hp hr Gas fired rich burn in operation before January 2000 ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties), capacity $ 300 hp, also 3.0 gram/ hp hr for CO.

Internal Combustion Engines 0.5 gram/ hp hr Gas fired rich burn in operation after January 2000 ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties), capacity $ 300 hp, also 3.0 gram/ hp hr for CO.

As stated earlier, the Chapter 117 SIP submittal should result in NOx reductions of 1.87 tpd, and should assist in bringing the DFW area into attainment with the 8 hour ozone NAAQS.

The Chapter 117 SIP submittal requires the affected sources to reduce their NOx emissions. We are proposing to approve these revisions to the Texas SIP because they will contribute toward attainment of the 8 hour ozone NAAQS and were one of the control measures relied upon in the DFW 5% IOP Plan. This revision adds requirements for NOx emission limitations for rich burn IC engines in all nine counties. Additionally, the revisions impose a more stringent NOx emission limitation on lean burn and dual fired lean burn IC engines in the four core counties and extend the limitations to those engines in the five adjacent counties. We are proposing to approve these rules under section 110 and part D of the Act.

What VOC Control Measures Did the State Submit?

1. Statewide Portable Fuel Container Rule The TCEQ adopted regulations for portable fuel containers sold in Texas and EPA approved the rule, published February 10, 2005 ( 70 FR 7041). This will lower VOC emissions 26 from portable fuel containers by an estimated 2.79 tpd within the nine county nonattainment area and 0.63 tpd for counties outside of, but within a 100 km radius, of the nine county area. As discussed earlier, the 5% guidance allows a nonattainment area to include VOC sources within 100 km of the nonattainment area in calculations of IOP reductions. There are 34 counties outside of the DFW 9 county area, that fall within 100 km of the nonattainment area. The VOC emissions from portable fuel containers within these 34 counties are added to the DFW area's EI, as required by the guidance; these emissions are 4.52 tpd. The 2002 baseline EI for VOCs is 459.15 tpd; with the portable fuel container emissions, the 2002 EI for VOCs is adjusted to 463.67 tpd.

The total VOC emission reductions for 2007 are projected to be 3.42 tpd. Additional detail is provided in 70 FR 7041 and the TSD for this action.

2. Surface Coating Operations Various rules for surface coating operations have been in effect for the four core counties in DFW, to meet 1 hour ozone nonattainment requirements. The State adopted a rule extending the requirements for surface coatings to the five newly designated 8 hour nonattainment counties.

In a separate action, we approved Texas' SIP revision to extend the requirements for surface coatings to the five newly designated nonattainment counties, published January 19, 2006 ( 71 FR 3009). This will result in additional VOC reductions of 0.3 tpd for the area. Additional details are provided in 71 FR 3009 and the TSD for this action.

3. Stage I Gasoline Unloading Rules are in effect for Stage I vapor recovery during gasoline unloading operations in the four core counties, with an exemption for operations with a throughput equal to or less than 10,000 gallons per month ( gpm). The State adopted a rule revision to extend these requirements, 27 with the 10,000 gpm exemption, to the five newly designated nonattainment counties. In a separate action, we approved Texas' SIP revision to extend Stage I requirements to the five newly designated nonattainment counties, published January 19, 2006 ( 71 FR 3009). This measure will result in VOC reductions of 2.09 tpd. Additional details are provided in 71 FR 3009 and the TSD for this action.

C. Calculate the 5% Reduction EPA's 5% guidance allows the reduction to be made with all VOC emission reductions, all NOx reductions, or a combination of VOC and NOx reductions that equal 5%. Texas chose to meet the 5% requirement by applying on a combination of VOC and NOx reductions, as shown in Tables 7 and 8.

Table 7: Sources of NOx and VOC reductions for the DFW Area SOURCE OF REDUCTIONS NOx ( tpd) VOC ( tpd)

Eligible existing measures TERP 22.2 Portable fuel containers ( in DFW 9 county area) 2.79 Portable fuel containers ( within 100 km radius) 0.63 Surface coating ( expand to 5 new counties) 0.3 Lower Stage I exemption to 10,000 gpm ( expand to 5 new counties) 2.09 Subtotal 22.2 5.81 Proposed measures Alcoa ( w/ in 200 km radius) 2.8 28 Energy Efficiency 0.72 Stationary reciprocating IC engines ( in 9 county area) 1.87 Subtotal 5.39 Total identified reductions ( add subtotals) 27.59 5.81 The reductions submitted for new VOC and NOx measures are acceptable, with the exception of the amounts for Alcoa. As discussed above, we reduced the Alcoa NOx credit from 3.9 tpd to 2.8 tpd.

Table 8: Calculation of the Adjusted 2002 Emissions Inventory Variables to Calculate the Adjusted EI VOC ( tpd) NOx ( tpd)

2002 baseline inventory 459.15 599.02 Alcoa ( within 200 km radius) + 23.20 Portable fuel containers ( within 100 km radius) + 4.52 Adjusted 2002 baseline EI 463.67 622.22 The 2002 baseline inventory is adjusted by adding the NOx emissions from Alcoa and VOC emissions from the portable fuel container rule. The adjusted baseline EI is the basis for performing the 5% reduction calculations. As shown in Table 8, the adjusted baseline inventory for VOC is 463.67 tpd and 622.22 tpd for NOx. The VOC control strategy reductions provide 5.81 tpd, which is 1.25% of the adjusted 2002 baseline for VOCs. The NOx reductions provide 27.59 tpd, which is 4.43% of the adjusted 2002 baseline for NOx. Per the 5% guidance, the sum of the percentage of the VOC reductions planned and the percentage of the NOx reductions 29 planned must equal 5%. In this case, the sum of 1.25% + 4.43% = 5.68%, which meets the requirement and has a small surplus of 0.68%. Table 9 shows the 2007 target emission levels.

Table 9: Calculation of 2007 Emission Levels, Adjusted to Meet the 5% Target Variables to Calculate the Adjusted EI VOC ( tpd) NOx ( tpd)

2007 inventory 405.05 450.71 Reductions proposed to meet 5%  5.81  27.59 Adjusted 2007 emission levels 399.24 423.12 Per EPA's 5% guidance, states should ensure that the projected 2007 EI is at least 5%

less than the 2002 EI. When 5% is subtracted from each of the adjusted 2002 inventories, the emissions for VOCs are 440.49 tpd and emissions for NOx are 591.11 tpd. The 2007 target emission levels are lower ( shown in Table 10) and therefore meet the 5% guidance. This SIP revision demonstrates that the target level will be met and Texas has met the 5% increment of emission reduction.

Table 10: DFW Emission Reductions, from 2002 to 2007 Pollutant Adjusted 2002 EI Adjusted 2002 EI, minus 5% Adjusted 2007 EI VOC ( tpd) 463.67 440.49 399.24 NOx ( tpd) 622.22 591.11 423.12 Our analyses of the measures submitted and the calculation of reductions indicate that the State has satisfied the requirements of the 5% Increment of Progress Plan. 30 V. Proposed Action We are proposing to approve revisions to the SIP submitted by the state of Texas for the DFW nonattainment area as meeting 1 hour ozone serious area requirements. We are proposing to approve the 5% IOP plan, the revisions to the 2002 base year emissions inventory, the 2007 motor vehicle emissions budget, a federal consent decree concerning an Alcoa plant in Rockdale,

Milam County, energy efficiency measures, and revisions to 30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, concerning stationary reciprocating IC engines operating within the DFW 8 hour ozone nonattainment area and incorporate these revisions into the Texas SIP. Although we are not reopening the comment period on RACT, we intend to finalize our proposed approval that RACT is in place for all major sources of VOCs in the DFW area in the final rulemaking for this proposal. We have evaluated these revisions and determined that they are consistent with the requirements of the Act and EPA's regulations, guidance and policy. These revisions fulfill the outstanding attainment demonstration obligation for the 1 hour ozone standard in the DFW nonattainment area and the outstanding obligation to adopt and implement all applicable requirements under the 1 hour ozone standard. We propose to approve these rules under section 110 and part D of the Act and EPA's regulations.

EPA is soliciting public comments on the issues discussed in this proposed rulemaking.

These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Regional Office listed in the ADDRESSES section of this proposed rulemaking, or by submitting comments electronically, by mail, or through hand delivery/ courier following the directions provided in the ADDRESSES section of this action. 31 VI. Statutory and Executive Order Reviews Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this proposed action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution,

or Use" ( 66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4).

This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 ( 65 FR 67249,

November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action 32 merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Volatile Organic Compounds, Intergovernmental relations, Reporting and record keeping requirements.

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

Dated: August 10, 2006.

Richard E. Greene, 33 Regional Administrator, Region 6.