[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53787-53788]
[FR Doc No: 2019-21950]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87179; File No. SR-NASDAQ-2019-075]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Further Delay Implementation of the Early Order Imbalance Indicator
Functionality

October 1, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 17, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delay implementation of the Early Order
Imbalance Indicator functionality until Q4 2019.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On February 27, 2019, the Exchange filed a proposed rule change to
establish the Early Order Imbalance Indicator (``EOII''), which
contains a subset of the information comprising the Net Order Imbalance
Indicator (``NOII'') that the Exchange will disseminate ten minutes
prior to the market close and five minutes prior to the cutoff time for
entering Market on Close and certain Limit on Close Orders into the
Nasdaq Closing Cross.\3\ The proposed rule change indicated that the
Exchange would implement EOII in Q2 2019.\4\ The Exchange subsequently
delayed the implementation of EOII functionality until Q3 2019.\5\ The
Exchange now proposes to further delay the implementation of EOII
functionality until Q4 2019. The Exchange will issue an Equity Trader
Alert notifying participants prior to implementing the functionality.
The Exchange proposes this delay to allow the EOII to become effective
at the same time as a pending change to enhance the closing process for
the Exchange.\6\ The delay will also afford additional time that
Exchange participants have requested to prepare for the onset of EOII.
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    \3\ See Securities Exchange Act Release No. 34-85292 (Mar. 12,
2019), 84 FR 9848 (Mar. 18, 2019) (SR-NASDAQ-2019-010).
    \4\ See id. at 9850.
    \5\ See Securities Exchange Act Release No. 34-85745 (Apr. 29,
2019), 84 FR 19135 (May 3, 2019) (SR-NASDAQ-2019-032).
    \6\ See Securities Exchange Act Release No. 34-86642 (Aug. 13,
2019) (SR-NASDAQ-2019-064).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest by
allowing the Exchange additional time to implement the EOII in
conjunction with a related enhancement to the Closing Cross process.
The delay would also afford participants the additional

time they have requested to prepare for the onset of EOII.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal to
delay the implementation of the EOII functionality does not impose an
undue burden on competition. Delaying EOII will simply allow the
Exchange additional time to implement the EOII in conjunction with a
related enhancement to the Closing Cross process. The delay will also
afford participants the additional time they have requested to prepare
for the onset of EOII.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has requested that the Commission waive the pre-filing
requirement. The Commission hereby waives that requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the Exchange can provide notice of the implementation delay as soon as
possible. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2019-075 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2019-075. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2019-075 and should be submitted
on or before October 29, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-21950 Filed 10-7-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32330-32338]
[FR Doc No: 2020-11335]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0223; FRL-10010-14-Region 1]

Air Plan Approval; Connecticut; Infrastructure State
Implementation Plan Requirements for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut. This revision addresses the infrastructure
requirements of the Clean Air Act (CAA or Act)--excluding the
interstate transport provisions--for the 2015 ozone National Ambient
Air Quality Standards (NAAQS). The infrastructure requirements are
designed to ensure that the structural components of each state's air-
quality management program are adequate to meet the state's
responsibilities under the CAA. This action is being taken under the
Clean Air Act.

DATES: Written comments must be received on or before June 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0223 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109--3912, tel. (617)
918-1684, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
    A. What is the scope of this rulemaking?

    B. What guidance is EPA using to evaluate these SIP submissions?
II. EPA's Evaluation of Connecticut's Infrastructure SIP for the
2015 Ozone Standard
    A. Section 110(a)(2)(A)--Emission Limits and Other Control
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control
Measures and for Construction or Modification of Stationary Sources
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials;
Public Notifications; Prevention of Significant Deterioration;
Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected
Local Entities
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 1, 2015, EPA promulgated a revision to the ozone NAAQS
(2015 ozone NAAQS), lowering the level of both the primary and
secondary standards to 0.070 parts per million (ppm).\1\ Section
110(a)(1) of the CAA requires states to submit, within 3 years after
promulgation of a new or revised standard, SIPs meeting the applicable
requirements of section 110(a)(2).\2\ On September 7, 2018, the
Connecticut Department of Energy and Environmental Protection (CT DEEP)
submitted a revision to its State Implementation Plan (SIP). The SIP
revision addresses the infrastructure requirements of CAA sections
110(a)(1) and 110(a)(2)--excluding the ``Good Neighbor'' or
``transport'' provisions--for the 2015 ozone NAAQS.
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    \1\ National Ambient Air Quality Standards for Ozone, Final
Rule, 80 FR 65292 (October 26, 2015). Although the level of the
standard is specified in the units of ppm, ozone concentrations are
also described in parts per billion (ppb). For example, 0.070 ppm is
equivalent to 70 ppb.
    \2\ SIP revisions that are intended to meet the applicable
requirements of section 110(a)(1) and (2) of the CAA are often
referred to as infrastructure SIPs and the applicable elements under
110(a)(2) are referred to as infrastructure requirements.
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A. What is the scope of this rulemaking?

    EPA is acting on a SIP submission from Connecticut on the
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for
the 2015 ozone NAAQS (excluding the transport provisions).
    Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\3\ Unless otherwise
noted below, we are following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\4\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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    \3\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013, Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Connecticut's infrastructure SIP to address the 2012
PM2.5 NAAQS. See 83 FR 37437 (August 1, 2018).
    \4\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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B. What guidance is EPA using to evaluate Connecticut's infrastructure
SIP submission?

    EPA highlighted the statutory requirement to submit infrastructure
SIPs within 3 years of promulgation of a new NAAQS in an October 2,
2007, guidance document entitled ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007
memorandum). EPA has issued additional guidance documents and
memoranda, including a September 13, 2013, guidance document entitled
``Guidance on Infrastructure State Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013
memorandum).

II. EPA's Evaluation of Connecticut's Infrastructure SIP for the 2015
Ozone Standard

    In this notice of proposed rulemaking, EPA is proposing action on
Connecticut's September 7, 2018, infrastructure SIP submission for the
2015 ozone NAAQS, excluding the interstate transport provisions
(section 110(a)(2)(D)(i)), which will be addressed in a future action.
In Connecticut's submission, a detailed list of Connecticut Laws and
previously SIP-approved Air Quality Regulations show precisely how the
various components of its EPA-approved SIP meet each of the
requirements of section 110(a)(2) of the CAA for the 2015 ozone NAAQS.
The following review evaluates the state's submission in light of
section 110(a)(2) requirements and relevant EPA guidance. For the
state's September 2018 submission, we provide an evaluation of the
applicable Section 110(a)(2) elements, excluding the transport
provisions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section (also referred to in this action as an element) of the
Act requires SIPs to include enforceable emission limits and other
control measures, means or techniques, schedules for compliance, and
other related matters. However, EPA has long interpreted emission
limits and control measures for attaining the standards as being due
when nonattainment planning requirements are due.\5\ In the context of
an infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the implementation
of the NAAQS.
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    \5\ See, for example, EPA's final rule on ``National Ambient Air
Quality Standards for Lead,'' 73 FR 66964, 67034 (November 12,
2008).
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    In its September 2018 submittal for the 2015 ozone NAAQS,
Connecticut cites provisions of Connecticut General Statutes (CGS) and
Regulations of Connecticut State Agencies (RCSA) in satisfaction of
element A. Connecticut Public Act No. 11-80 established the CT DEEP,
and CGS section 22a-6(a)(1) provides the Commissioner of CT DEEP
authority to adopt, amend or repeal environmental standards, criteria
and regulations. It is under this general grant of authority that the
Commissioner has adopted emissions standards and control measures for a
variety of sources and pollutants.

    Under Element A of the September 2018 submittal, the state also
cites more than 20 Regulations of Connecticut State Agencies (RCSA)
that it has adopted to control the emissions related to ozone and ozone
precursors (nitrogen oxides (NOx) and volatile organic compounds
(VOCs). A few, with their EPA approval citation \6\ are listed here:
RCSA section 22a-174-3a(l), Nonattainment New Source Review (NNSR)
(February 16, 2018, 83 FR 6968); RCSA sections 22a-174-22e, Control of
nitrogen oxides emissions, -22f, High daily NOX emitting
units at non-major sources of NOX, and -38, Municipal Waste
Combustors (July 31, 2017, 82 FR 35454); and RCSA section 22a-174-30a,
Stage I vapor recovery (July 31, 2017, 82 FR 35454).
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    \6\ The citations reference the most recent EPA approval of the
stated rule or of revisions to the rule.
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    EPA proposes that Connecticut meets the infrastructure requirements
of section 110(a)(2)(A) for the 2015 ozone NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to provide for establishment and
operation of appropriate devices, methods, systems, and procedures
necessary to monitor, compile, and analyze ambient air quality data,
and to make these data available to EPA upon request. Each year, states
submit annual air monitoring network plans to EPA for review and
approval. EPA's review of these annual monitoring plans includes our
evaluation of whether the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
    Connecticut statute, CGS section 22a-174(d), ``provides the
Commissioner with all incidental powers necessary to control air
pollution.'' CT DEEP operates an air-quality monitoring network, and
EPA approved the state's 2019 Annual Air Monitoring Network Plan on
August 15, 2019.\7\ Furthermore, Connecticut populates EPA's Air
Quality System (AQS) with air-quality monitoring data in a timely
manner and provides EPA with prior notification when considering a
change to its monitoring network or plan. EPA proposes that Connecticut
meets the infrastructure SIP requirements of section 110(a)(2)(B) for
the 2015 ozone NAAQS.
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    \7\ See EPA approval letter located in the docket for this
action.
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C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures
and for Construction or Modification of Stationary Sources

    States are required to include a program providing for enforcement
of all SIP measures and for the regulation of construction of new or
modified stationary sources to meet new source review (NSR)
requirements under prevention of significant deterioration (PSD) and
nonattainment new source review (NNSR) programs. Part C of the CAA
(sections 160-169B) addresses PSD, while part D of the CAA (sections
171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers the
following: (i) Enforcement of SIP measures; (ii) PSD program for major
sources and major modifications; and (iii) a permit program for minor
sources and minor modifications.
Sub-Element 1: Enforcement of SIP Measures
    State law provides the Commissioner of CT DEEP with the authority
to enforce air pollution control requirements pursuant to CGS Title
22a. Specifically, CGS sections 22a-6 and 22a-6b authorize the
Commissioner to inspect and investigate to ascertain whether violations
of any statute, regulation, or permit may have occurred and to impose
civil penalties. Additionally, CGS section 22a-171 requires the
Commissioner to ``adopt, amend, repeal, and enforce regulations . . .
and do any other act necessary to enforce the provisions of'' CGS
sections 22a-170 through 22a-206, which provide CT DEEP with the
authority to, among other things, enforce its regulations, issue orders
to correct violations of regulations or permits, impose state
administrative penalties, and seek judicial relief.
    EPA proposes that Connecticut meets the enforcement of SIP measures
requirements of section 110(a)(2)(C) for the 2015 ozone NAAQS.
Sub-Element 2: Psd Program for Major Sources and Major Modifications
    PSD applies to new major sources or modifications made to major
sources for pollutants where the area in which the source is located is
in attainment of, or unclassifiable with regard to, the relevant NAAQS.
EPA interprets the CAA as requiring each state to make an
infrastructure SIP submission for a new or revised NAAQS demonstrating
that the air agency has a complete PSD permitting program in place
satisfying the current requirements for all regulated NSR pollutants.
CT DEEP's EPA-approved PSD rules in RCSA sections 22a-174-1, 22a-174-
2a, and 22a-174-3a contain provisions that address applicable
requirements for all regulated NSR pollutants, including greenhouse
gases (GHGs).
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 29, 2005 (70 FR 71612). Among other
requirements, the Phase 2 Rule obligated states to revise their PSD
programs to explicitly identify NOX as a precursor to ozone.
See 70 FR 71679 at 71699-700. Connecticut's EPA-approved PSD rules
contain provisions needed to ensure that NOX is treated as a
precursor to ozone. EPA approved the necessary revisions to RCSA
section 22a-174-3a on August 1, 2018. See 83 FR 37437.
    Except as noted below, Connecticut has a comprehensive PSD
permitting program in place covering the structural PSD permitting
program requirements for all regulated NSR pollutants. EPA's PSD
regulations at 40 CFR 51.166(l) require a State's SIP to ``provide for
procedures which specify that [a]ll applications of air quality
modeling . . . shall be based on the applicable models, data bases, and
other requirements specified in'' EPA's Guideline on Air Quality Models
in appendix W of 40 CFR part 51, which were most recently revised on
January 17, 2017. 82 FR 5182; see also 82 FR 14324 (Mar. 20, 2017). As
explained in our evaluation of section 110(a)(2)(K) requirements later
in this notice, Connecticut's SIP currently provides that the DEEP
Commissioner may request an owner or operator to submit an ambient air-
quality impact analysis using air quality models, databases or other
techniques that have been approved by the DEEP Commissioner, but does
not specify that such models, databases, or techniques shall be based
on requirements specified in appendix W. See RCSA Sec.  22a-174-
3a(i)(2). Connecticut DEEP has committed, however, to pursuing a
revision to section 22a-174-3a(i)(2) that would provide that such
models, databases, and other techniques must also have been approved by
the EPA

Administrator and submitting this revision, for inclusion in the SIP,
to EPA within one year of our final approval of today's action. Because
the EPA Administrator's approved modeling requirements are found in
appendix W, this revision would satisfy the section 51.166(l)
requirement that the SIP provide for procedures that specify that all
applications of modeling be based on the requirements in appendix W.
Consequently, we are proposing to conditionally approve Connecticut's
submittal for the PSD sub-element of section 110(a)(2)(C) for the 2015
ozone NAAQS.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor
Modifications
    To address the pre-construction regulation of the modification and
construction of minor stationary sources and minor modifications of
major stationary sources, an infrastructure SIP submission should
identify the existing EPA-approved SIP provisions and/or include new
provisions that govern the minor source pre-construction program that
regulate emissions of the relevant NAAQS pollutants. On February 28,
2003, EPA approved updates to Connecticut's minor NSR program. See 68
FR 9009. Connecticut and EPA rely on the existing minor NSR program to
ensure that new and modified sources not captured by the major NSR
permitting programs do not interfere with attainment and maintenance of
the 2015 ozone NAAQS.
    We are proposing to find that Connecticut meets the requirement to
have a SIP approved minor new source review permit program as required
under section 110(a)(2)(C) for the 2015 ozone NAAQS.

D. Section 110(a)(2)(D)--Interstate Transport for the 2015 Ozone
Standard

    One of the structural requirements of section 110(a)(2) is section
110(a)(2)(D)(i), also known as the ``good neighbor'' provisions, which
generally requires SIPs to contain adequate provisions to prohibit in-
state emissions activities from having certain adverse air quality
effects on neighboring states due to interstate transport of air
pollution.
    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state. The two provisions of this section are referred
to as Prong 1 (significant contribution to nonattainment) and Prong 2
(interference with maintenance) and together make up sub-element 1 of
section 110(a)(2)(D). A state's SIP submission for Prongs 1 and 2 is
also referred to as a state's ``Transport SIP.'' Today's action does
not include a Transport SIP (i.e., Prongs 1 and 2 or sub-element 1).
Connecticut's Transport SIP for the 2015 ozone NAAQS will be addressed
in a future action.
    Today's action, however, does contain Prong 3 and 4 of Section
110(a)(2)(D)(i)(II). These require SIPs to contain adequate provisions
to prohibit emissions that will interfere with measures required to be
included in the applicable implementation plan for any other state
under part C to prevent significant deterioration of air quality (Prong
3) or to protect visibility (Prong 4). Today's action also includes
Section 110(a)(2)(D)(ii) of the Act, which requires SIPs to contain
provisions to ensure compliance with sections 115 and 126 of the Act
relating to interstate and international pollution abatement.
Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
    To prevent significant deterioration of air quality, this sub-
element requires SIPs to include provisions that prohibit any source or
other type of emissions activity in one state from interfering with
measures that are required in any other state's SIP under Part C of the
CAA. As explained in the 2013 memorandum, a state may meet this
requirement with respect to in-state sources and pollutants that are
subject to PSD permitting through a comprehensive PSD permitting
program that applies to all regulated NSR pollutants and that satisfies
the requirements of EPA's PSD implementation rules. As discussed above
under element C, Connecticut's PSD program fully satisfies the
requirements of EPA's PSD implementation rules, with one exception. As
also noted in our discussion of element C, Connecticut DEEP has
committed to pursuing a revision to its regulations to address the
modeling issue. Consequently, EPA has in today's notice proposed to
conditionally approve all of the PSD-related elements of this
infrastructure SIP.
    As also explained in the 2013 memorandum, a state may meet the
prong 3 requirement with respect to in-state sources and pollutants
subject to nonattainment NSR permitting through a fully approved NNSR
program. With respect to NNSR, Connecticut regulations contain
provisions for how the state must treat and control sources in
nonattainment areas, consistent with 40 CFR 51.165, or Appendix S to 40
CFR 51. RCSA section 22a-174-3a(k) and 3a(i).
    EPA proposes to conditionally approve Connecticut for the PSD
requirements of 110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS
Section 110(a)(2)(D)(i)(II)--Visibility Protection (Prong 4)
    With regard to applicable requirements for visibility protection of
section 110(a)(2)(D)(i)(II), states are subject to visibility and
regional haze program requirements under part C of the CAA (which
includes sections 169A and 169B). The 2009 memorandum, 2011 memorandum,
and 2013 memorandum recommend that these requirements can be satisfied
by an approved SIP addressing reasonably attributable visibility
impairment, if required, or an approved SIP addressing regional haze. A
fully approved regional haze SIP meeting the requirements of 40 CFR
51.308 will include all measures needed to achieve the state's
apportionment of emission reduction obligations agreed upon through a
regional planning process and will, therefore, ensure that emissions
from sources under the air agency's jurisdiction are not interfering
with measures required to be included in other air agencies' plans to
protect visibility. EPA approved Connecticut's Regional Haze SIP on
July 10, 2014. See 79 FR 39322. Accordingly, EPA proposes that
Connecticut meets the visibility protection requirements of
110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement.
    This sub-element requires each SIP to contain provisions requiring
compliance with requirements of section 126 relating to interstate
pollution abatement. Section 126(a) requires new or modified sources to
notify neighboring states of potential impacts from the source. The
statute does not specify the method by which the source should provide
the notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources.
    On July 24, 2015 (80 FR 43960), EPA approved revisions to
Connecticut's PSD program, including the element pertaining to
notification to neighboring states of the issuance of PSD permits.
Therefore, we propose to approve Connecticut's compliance with the
infrastructure SIP requirements of section 126(a) with respect to the
2015 ozone NAAQS. Connecticut has no

obligations under any other provision of section 126, and no source or
sources within the state are the subject of an active finding under
section 126 of the CAA with respect to the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--International Pollution Abatement
    This sub-element also requires each SIP to contain provisions
requiring compliance with the applicable requirements of section 115
relating to international pollution abatement. Section 115 authorizes
the Administrator to require a state to revise its SIP to alleviate
international transport into another country where the Administrator
has made a finding with respect to emissions of the particular NAAQS
pollutant and its precursors, if applicable. There are no final
findings under section 115 of the CAA against Connecticut with respect
to the 2015 ozone NAAQS. Therefore, EPA is proposing that Connecticut
meets the applicable infrastructure SIP requirements of section
110(a)(2)(D)(ii) related to section 115 of the CAA for the 2015 ozone
NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    Section 110(a)(2)(E)(i) requires each SIP to provide assurances
that the state will have adequate personnel, funding, and legal
authority under state law to carry out its SIP. In addition, section
110(a)(2)(E)(ii) requires each state to comply with the requirements
for state boards in CAA section 128. Finally, section 110(a)(2)(E)(iii)
requires that, where a state relies upon local or regional governments
or agencies for the implementation of its SIP provisions, the state
retain responsibility for ensuring implementation of SIP obligations
with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however,
does not apply to this action because Connecticut does not rely upon
local or regional governments or agencies for the implementation of its
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and Related Issues
    Connecticut, through its infrastructure SIP submittal, has
documented that its air agency has authority and resources to carry out
its SIP obligations. CGS section 22a-171 authorizes the CT DEEP
Commissioner to enforce the state's air laws, accept and administer
grants, and exercise incidental powers necessary to carry out the law.
The Connecticut SIP, as originally submitted on March 3, 1972, and
subsequently amended, provides additional descriptions of the
organizations, staffing, funding and physical resources necessary to
carry out the plan.
    EPA proposes that Connecticut meets the infrastructure SIP
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone
NAAQS.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (2) that any potential conflicts of interest by
members of such board or body, or the head of an executive agency with
similar powers, be adequately disclosed. Section 128 further provides
that a state may adopt more stringent conflicts of interest
requirements and requires EPA to approve any such requirements
submitted as part of a SIP.
    In Connecticut, no board or body approves permits or enforcement
orders; these are approved by the Commissioner of CT DEEP. Thus, with
respect to this sub-element, Connecticut is subject only to the
requirements of paragraph (a)(2) of section 128 of the CAA (regarding
conflicts of interest).
    Connecticut's September 7, 2018, infrastructure SIP refers to the
state's conflict-of-interest provisions in CGS section 1-85, which
apply to all state employees and public officials. Section 1-85
prevents the Commissioner from acting on a matter in which the
Commissioner has an interest that is ``in substantial conflict with the
proper discharge of his duties or employment in the public interest and
of his responsibilities as prescribed in the laws of'' Connecticut. EPA
approved CGS section 1-85 into the Connecticut SIP on June 3, 2016. See
81 FR 35636.
    EPA proposes that Connecticut meets the infrastructure SIP
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone
NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards. Lastly, the reports shall be available at reasonable times
for public inspection.
    CGS section 22a-6(a)(5) authorizes the Commissioner to enter at all
reasonable times, any public or private property (except a private
residence) to investigate possible violations of any statute,
regulation, order or permit. Additionally, CGS section 22a-174
authorizes the Commissioner to require periodic inspection of sources
of air pollution and to require any person to maintain, and to submit
to CT DEEP, certain records relating to air pollution or to the
operation of facilities designed to abate air pollution. For monitoring
possible air violations, CT DEEP implements RCSA section 22a-174-4
(Source monitoring, record keeping and reporting) to require the
installation, maintenance, and use of emissions monitoring devices and
to require periodic reporting to the Commissioner of the nature and
extent of the emissions. On July 16, 2014, EPA approved Section 22a-
174-4 into the Connecticut SIP. See 79 FR 41427.
    Additionally, CT DEEP implements RCSA section 22a-174-5 (Methods
for sampling, emissions testing, sample analysis, and reporting), which
provides, among other things, specific test methods to be used to
demonstrate compliance with various aspects of Connecticut's air
regulations. EPA approved this rule on December 19, 1980. See 46 FR
43418. Furthermore, under RCSA section 22a-174-10 (Public availability
of information) emissions data are to be available to the public and
are not entitled to protection as a trade secret. EPA approved this
rule on October 28, 1972. See 37 FR 23085.
    Connecticut routinely collects information on air emissions from
its industrial sources and makes this information available to the
public. In addition, RCSA section 22a-174-10 requires that emission
data made public by CT DEEP shall be presented in such a manner as to
show the relationship (or correlation) between measured emissions and
the applicable emission limitations or standards, as required by CAA
Sec.  110(a)(2)(F)(iii).
    Therefore, EPA proposes that Connecticut meets the infrastructure
SIP

requirements of section 110(a)(2)(F) for the 2015 ozone NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for state authority
analogous to that provided to the EPA Administrator in section 303 of
the CAA, and adequate contingency plans to implement such authority.
Section 303 of the CAA provides authority to the EPA Administrator to
seek a court order to restrain any source from causing or contributing
to emissions that present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' Section 303 further
authorizes the Administrator to issue ``such orders as may be necessary
to protect public health or welfare or the environment'' in the event
that ``it is not practicable to assure prompt protection . . . by
commencement of such civil action.''
    Connecticut's September 7, 2018, infrastructure SIP notes that CGS
section 22a-181 (Emergency action) authorizes the Commissioner of the
CT DEEP to issue an order requiring any person to immediately reduce or
discontinue air pollution as required to protect the public health or
safety. In addition, in a letter to EPA dated August 5, 2015,
Connecticut stated that CGS section 22a-7 provides the Commissioner
with emergency powers similar to those provided to the EPA
Administrator in section 303.\8\ Specifically, CGS section 22a-7 states
that ``whenever he [the Commissioner] finds that any person is causing,
engaging in or maintaining, or is about to cause, engage in or
maintain, any condition or activity which, in his judgment, will result
in or is likely to result in imminent and substantial damage to the
environment, or to public health within the jurisdiction of the
Commissioner under the provisions of chapters 440, 441, 442, 445, 446a,
446c [Air Pollution Control] . . . may, without prior hearing, issue a
cease and desist order in writing to such person to discontinue, abate
or alleviate such condition or activity.''
---------------------------------------------------------------------------

    \8\ August 5, 2015, letter from Connecticut is included in the
docket for today's action.
---------------------------------------------------------------------------

    This section further provides the Commissioner with the authority
to seek a court ``to enjoin any person from violating a cease and
desist order issued pursuant to [section 22a-7] and to compel
compliance with such order.''
    Section 110(a)(2)(G) requires a state to submit for EPA approval a
contingency plan to implement the air agency's emergency episode
authority for any Air Quality Control Region (AQCR) within the state
that is classified as Priority I, IA, or II for certain pollutants. See
40 CFR 51.150. This requirement may be satisfied by submitting a plan
that meets the applicable requirements of 40 CFR part 51, subpart H (40
CFR 51.150 through 51.153) (``Prevention of Air Pollution Emergency
Episodes'') for the relevant NAAQS. Connecticut has ``Air pollution
emergency episode procedures'' at RCSA section 22a-174-6 that EPA has
previously evaluated and approved as satisfying the requirements of
section 110(a)(2)(G) in the context of ozone. See 81 FR 35636 (June 3,
2016); 80 FR 54471 (September 10, 2015).
    We propose to find that Connecticut law provides for authority
comparable to that provided to the Administrator in section 303 and
adequate contingency plans to implement that authority. Therefore, EPA
proposes that Connecticut meets the applicable infrastructure SIP
requirements for section 110(a)(2)(G) with respect to contingency plans
for the 2015 ozone NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires that a state's SIP provide for revision from
time to time, as may be necessary, to take account of changes in the
NAAQS or availability of improved methods for attaining the NAAQS and
whenever EPA finds that the SIP is substantially inadequate. To address
this requirement, Connecticut's September 7, 2018, infrastructure SIP
submittal certifies that its SIP may be revised should EPA find that it
is substantially inadequate to attain a standard or to comply with any
additional requirements under the CAA, and notes that CGS section 22a-
174(d) grants the Commissioner all incidental powers necessary to
control and prohibit air pollution. EPA proposes that Connecticut meets
the infrastructure SIP requirements of section 110(a)(2)(H) for the
2015 ozone NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D

    Section 110(a)(2)(I) provides that each plan or plan revision for
an area designated as a nonattainment area shall meet the applicable
requirements of part D of the CAA. EPA interprets section 110(a)(2)(I)
to be inapplicable to the infrastructure SIP process because specific
SIP submissions for designated nonattainment areas, as required under
part D, are subject to a different submission schedule under subparts 2
through 5 of part D, extending as far as 10 years following area
designations for some elements, whereas infrastructure SIP submissions
are due within three years after adoption or revision of a NAAQS.
Accordingly, EPA takes action on part D attainment plans through
separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; Prevention of Significant Deterioration; Visibility
Protection

    Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the
applicable requirements of section 121 of this title (relating to
consultation), section 127 of this title (relating to public
notification), and part C of this subchapter (relating to PSD of air
quality and visibility protection).'' The evaluation of the submission
from Connecticut with respect to these requirements is described below.
Sub-Element 1: Consultation With Government Officials
    Pursuant to CAA section 121, a state must provide a satisfactory
process for consultation with local governments and Federal Land
Managers (FLMs) in carrying out its NAAQS implementation requirements.
    CGS section 22a-171 (Duties of Commissioner of Energy and
Environmental Protection) directs the Commissioner to consult with
agencies of the United States, agencies of the state, political
subdivisions and industries and any other affected groups in matters
relating to air quality. Additionally, CGS section 22a-171, which EPA
approved into Connecticut's SIP on June 3, 2016 (81 FR 35636), directs
the Commissioner to initiate and supervise statewide programs of air
pollution control education and to adopt, amend, repeal and enforce air
regulations.
    Furthermore, RCSA section 22a-174-2a, which EPA approved into the
Connecticut SIP on July 24, 2015 (80 FR 43960), directs CT DEEP to
notify relevant municipal officials and FLMs, among others, of
tentative determinations by CT DEEP with respect to certain permits.
Therefore, EPA proposes that Connecticut meets the infrastructure SIP
requirements of this portion of section 110(a)(2)(J) for the 2015 ozone
NAAQS.
Sub-Element 2: Public Notification
    Pursuant to CAA section 127, states must notify the public if NAAQS
are exceeded in an area, advise the public of health hazards associated
with exceedances, and enhance public awareness of measures that can be
taken to prevent exceedances and of ways in

which the public can participate in regulatory and other efforts to
improve air quality.
    As part of the fulfillment of CGS section 22a-171 (Duties of
Commissioner of Energy and Environmental Protection), Connecticut
issues press releases and posts warnings on its website advising people
what they can do to help prevent NAAQS exceedances and avoid adverse
health effects on poor air quality days. Connecticut is also an active
partner in EPA's AirNow and Enviroflash air-quality-alert programs. In
addition, in 2014, Connecticut revised CGS section 4-168 to require
that state regulations be submitted through the state's e-regulations
system, thus creating an additional way for the public to access any
changes to state regulations.
    EPA proposes that Connecticut meets the infrastructure SIP
requirements of this portion of section 110(a)(2)(J) for the 2015 ozone
NAAQS.
Sub-Element 3: PSD
    EPA has already discussed Connecticut's PSD program in the context
of infrastructure SIPs in the paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that it satisfies
the requirements of EPA's PSD implementation rules, with the exception
of the modeling provision. Therefore, the SIP also satisfies the PSD
sub-element of section 110(a)(2)(J) for the 2015 ozone NAAQS, except
for the modeling requirement. For the same reasons discussed under
element C above, EPA proposes to conditionally approve the SIP for the
PSD sub-element of section 110(a)(2)(J) for the 2015 ozone NAAQS.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, as noted in EPA's 2013 memorandum, we find that there is
no new visibility obligation ``triggered'' under section 110(a)(2)(J)
when a new NAAQS becomes effective. In other words, the visibility
protection requirements of section 110(a)(2)(J) are not germane to
infrastructure SIPs for the 2015 ozone NAAQS.
    Based on the above analysis, EPA proposes that Connecticut meets
the infrastructure SIP requirements of sub-elements 1-3 of section
110(a)(2)(J) for the 2015 ozone NAAQS. We are not proposing action on
sub-element 4 because, as noted above, it is not germane to
infrastructure SIPs.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    Section 110(a)(2)(K) of the Act requires that a SIP provide for the
performance of such air quality modeling as the EPA Administrator may
prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which EPA has
established a NAAQS, and the submission, upon request, of data related
to such air quality modeling. EPA has published modeling guidelines at
40 CFR part 51, Appendix W, for predicting the effects of emissions of
criteria pollutants on ambient air quality. EPA also recommends in the
2013 memorandum that, to meet section 110(a)(2)(K), a state submit or
reference the statutory or regulatory provisions that provide the air
agency with the authority to conduct such air quality modeling and to
provide such modeling data to EPA upon request.
    CGS section 22a-5 (Duties and powers of commissioner) implicitly
authorizes the Commissioner of the CT DEEP to perform air quality
modeling to predict effects on air quality of emissions of any NAAQS
pollutant and to submit such data to EPA upon request. Connecticut
reviews the potential impact of major sources consistent with 40 CFR
part 51, appendix W, ``Guidelines on Air Quality Models.'' In May 2019,
Connecticut DEEP issued an ``Ambient Impact Analysis Guideline'' for
performing stationary source air-quality modeling in the state.\9\ This
guideline recommends procedures that are consistent with EPA's modeling
guidelines at 40 CFR part 51, Appendix W, as revised January 2017. In
its submittal, Connecticut also cites RCSA section 22a-174-3a(i), which
authorizes the commissioner to request any owner or operator to submit
an ambient air-quality impact analysis using applicable air quality
models, databases, or other techniques approved by the commissioner. CT
DEEP updated RCSA section 22a-174-3a(i), effective April 2014. In
addition, CT DEEP has committed by letter dated January 27, 2020, to
pursue revisions to RCSA section 22a-174-3a(i) that would further
specify that the air quality models, databases, and other techniques
used in an ambient air-quality impact analysis must also be approved by
the EPA Administrator and to submit them to EPA within one year of EPA
final approval of today's proposed action.\10\ The EPA Administrator's
approved air quality models, databases, and other requirements are
found in EPA's modeling guidelines at 40 CFR part 51, Appendix W. Thus,
with this revision, Connecticut's SIP would provide for the performance
of such air quality modeling as the EPA Administrator has prescribed.
---------------------------------------------------------------------------

    \9\ https://www.ct.gov/deep/lib/deep/air/compliance_monitoring/modeling/final_aiag_2018.pdf).
    \10\ January 27, 2020, letter from Connecticut is included in
the docket for today's action.
---------------------------------------------------------------------------

    The state also collaborates with the Ozone Transport Commission
(OTC) and the Mid-Atlantic Regional Air Management Association and EPA
in order to perform large-scale urban airshed modeling for ozone and
PM, if necessary.
    Because Connecticut has committed to submit, but has not yet
submitted, necessary revisions to RCSA section 22a-174-3a(i) that would
provide for the performance of such air quality modeling as the EPA
Administrator may prescribe, EPA proposes to conditionally approve
section 110(a)(2)(K) for the 2015 ozone NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate that each major stationary
source pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
    EPA's full approval of Connecticut's Title V program became
effective on May 31, 2002. See 67 FR 31966. To gain this approval,
Connecticut demonstrated the ability to collect sufficient fees to run
the program. CGS section 22a-174(g) directs the Commissioner of CT DEEP
to require the payment of a fee sufficient to cover the reasonable cost
of reviewing and acting upon an application for, and monitoring
compliance with, any state or federal permit, license, registration,
order, or certificate. CT DEEP implements this directive through state
regulations at RCSA sections 22a-174-26 and 22a-174-33, which contain
specific requirements related to permit fees, including fees for Title
V sources. EPA proposes that Connecticut meets the infrastructure SIP
requirements of section 110(a)(2)(L) for the 2015 ozone NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities

    To satisfy Element M, states must provide for consultation with,
and

participation by, local political subdivisions affected by the SIP.
    Connecticut's September 2018 infrastructure SIP submittal cites CGS
section 22a-171, Duties of Commissioner of Energy and Environmental
Protection, which authorizes the commissioner to consult with, among
others, ``agencies of the state, political subdivisions and industries
and any other affected groups in furtherance of the purposes of this
chapter [i.e., Connecticut's air pollution control laws].'' CT DEEP
also references CGS section 4-168 (Notice prior to action on
regulations), which provides a public participation process for all
stakeholders that includes a minimum of a 30-day comment period and an
opportunity for public hearing for all SIP-related actions. Connecticut
notes that monthly meetings of the State Implementation Plan Revision
Advisory Committee provide an additional forum for consultation and
participation by the public and other stakeholders on air-quality-
related topics. EPA proposes that Connecticut meets the infrastructure
SIP requirements of section 110(a)(2)(M) for the 2015 ozone NAAQS.

III. Proposed Action

    EPA is proposing to approve most of the elements of the
infrastructure SIP submitted by Connecticut on September 7, 2018, for
the 2015 ozone NAAQS. Today's action does not include the ``good
neighbor'' provisions (i.e., section 110(a)(2)(D)(i)), also known as a
state's Transport SIP. Connecticut's Transport SIP for the 2015 ozone
NAAQS will be addressed in a future action. In addition, EPA is
proposing to conditionally approve the PSD-related requirements of
Elements C, D, and J and to conditionally approve Element K, Air
quality modeling and data, provided that the state submits in a timely
manner the requirements needed for full approval of these Elements.
    EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
    EPA's proposed action regarding each infrastructure SIP requirement
for the 2015 ozone NAAQS is contained in Table 1 below.

 Table 1--Proposed Action on Connecticut's Infrastructure SIP Submittal
                        for the 2015 Ozone NAAQS
------------------------------------------------------------------------
                   Element                         2015 ozone NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control        A.
 measures.
(B): Ambient air quality monitoring and data  A.
 system.
(C)1: Enforcement of SIP measures...........  A.
(C)2: PSD program for major sources and       CA.
 major modifications.
(C)3: PSD program for minor sources and       A.
 minor modifications.
(D)1: Contribute to nonattainment/interfere   No action.
 with maintenance of NAAQS.
(D)2: PSD...................................  CA.
(D)3: Visibility Protection.................  A.
(D)4: Interstate Pollution Abatement........  A.
(D)5: International Pollution Abatement.....  A.
(E)1: Adequate resources....................  A.
(E)2: State boards..........................  A.
(E)3: Necessary assurances with respect to    NA.
 local agencies.
(F): Stationary source monitoring system....  A.
(G): Emergency power........................  A.
(H): Future SIP revisions...................  A.
(I): Nonattainment area plan or plan          +.
 revisions under part D.
(J)1: Consultation with government officials  A.
(J)2: Public notification...................  A.
(J)3: PSD...................................  CA.
(J)4: Visibility protection.................  +.
(K): Air quality modeling and data..........  CA.
(L): Permitting fees........................  A.
(M): Consultation and participation by        A.
 affected local entities.
------------------------------------------------------------------------

    In the above table, the key is as follows:

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

------------------------------------------------------------------------
A.........................................  Approve.
CA........................................  Conditionally Approve.
+.........................................  Not germane to
                                             infrastructure SIPs.
No action.................................  EPA is taking no action on
                                             this infrastructure
                                             requirement.
NA........................................  Not applicable.
------------------------------------------------------------------------

    EPA is proposing to conditionally approve the SIP for the PSD-
related requirements of sections 110(a)(2)(C), (D)(i)(II), and (J), as
well as for section 110(a)(2)(K) of the SIP revision submitted by
Connecticut on September 7, 2018, as a revision to the SIP, provided
that the State submits in a timely manner the necessary revisions to
RCSA section 22a-174-3a(i) needed to fully approve this Element.
    EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting comments
to this proposed rule by following the instructions listed in the
ADDRESSES section of this Federal Register.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain, but not later than 1 year from the date of
approval. If EPA conditionally approves the commitment in a final
rulemaking action, the State must meet its commitment to submit the
necessary revisions to RCSA section 22a-174-3a(i) to satisfy
requirements of section 110(a)(2)(K) of Connecticut's infrastructure
SIP for the 2015 ozone NAAQS. If the State fails to do so, this action
will become a disapproval one year from the date of final approval. EPA
will notify the State by letter that

this action has occurred. At that time, this commitment will no longer
be a part of the approved Connecticut SIP. EPA subsequently will
publish a document in the Federal Register notifying the public that
the conditional approval automatically converted to a disapproval. If
the State meets its commitment, within the applicable time frame, the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving the new legislative
authority. If EPA disapproves the new submittal, the conditionally
approved section 110(a)(2)(K) of Connecticut's infrastructure SIP for
the 2015 ozone NAAQS will also be disapproved at that time. If EPA
approves the submittal, section 110(a)(2)(K) of the state's
infrastructure SIP for the 2015 ozone NAAQS will be fully approved in
its entirety and replace the conditionally approved Element in the SIP.
    If EPA determines that it cannot issue a final conditional approval
or if the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date the State fails to meet its commitment. In the latter case,
EPA will notify the State by letter that the conditional approval has
been converted to a disapproval and that EPA's sanctions authority has
been triggered. In addition, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: May 20, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-11335 Filed 5-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Proposed Rules]
[Page 9427]
[FR Doc No: 2015-03301]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0976; FRL-9922-45]
RIN 2070-AJ91

Toluene Diisocyanates (TDI) and Related Compounds; Significant
New Use Rule; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: EPA issued a proposed rule in the Federal Register of January
15, 2015, concerning 2,4-toluene diisocyanate, 2,6-toluene
diisocyanate, toluene diisocyanate unspecified isomers (these three
chemical substances are hereafter referred to as toluene diisocyanates
or TDI) and related compounds. This document extends the comment period
for 45 days, from March 16, 2015, to April 30, 2015. The comment period
is being extended because EPA received comments asserting that there
may be significant implications for the supply chain and it is critical
that interested stakeholders have sufficient time to respond to the
proposed rulemaking.

DATES: The comment period for the proposed rule published on January
15, 2015 (80 FR 2068), is extended. Comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2011-0976, must be received on
or before April 30, 2015.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in
the Federal Register document of January 15, 2015 (80 FR 2068) (FRL-
9915-62).

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Katherine Sleasman, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-7716; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document extends the public comment
period established in the Federal Register document of January 15,
2015. In that document, EPA proposed the significant new use is any use
in a consumer product, with a proposed exception for use of certain
chemical substances in coatings, elastomers, adhesives, binders, and
sealants that results in less than or equal to 0.1 percent by weight of
TDI in a consumer product. In addition, EPA also proposed that the
general SNUR exemption for persons who import or process these chemical
substances as part of an article would not apply. EPA is hereby
extending the comment period, which was set to end on March 16, 2015,
to April 30, 2015.
    To submit comments, or access the docket, please follow the
detailed instructions provided under ADDRESSES in the Federal Register
document of January 15, 2015. If you have questions, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: February 4, 2015.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2015-03301 Filed 2-20-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Page 21938]
[FR Doc No: 2013-08697]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R3-PAL-001; FRL-9801-9]

Notice of Issuance of Final Air Permit; Architect of the
Capitol--Capitol Power Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final agency action.

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SUMMARY: This action is to provide notice that on January 23, 2013, EPA
issued a final air permit to the Architect of the Capitol for the
Capitol Power Plant (CPP). This permit became effective on February 25,
2013.
    The CPP permit establishes a plantwide applicability limit (PAL)
for emissions of oxides of nitrogen as an indicator for nitrogen
dioxide, particulate matter less than or equal to ten micrometers in
diameter, and greenhouse gases. This action is being taken in
accordance with EPA's procedures for decision making set forth at 40
CFR part 124 and the Clean Air Act (CAA).

ADDRESSES: The final permit, EPA's response to public comments, and
additional supporting information are available at http://www.epa.gov/reg3artd/permitting/capitol_power.html. Copies of the final permit and
EPA's response to comments are also available for review at the EPA
Region III office and upon request in writing. EPA requests that you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Mike Gordon,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On August 29, 2012, EPA published a request
for public comment and notice of a public hearing for the CPP permit in
the Washington Times. EPA received over 200 comments during the public
comment period, which ended on October 1, 2012. EPA carefully reviewed
each of the comments submitted, and after consideration of the
expressed view of all interested persons, the pertinent federal
statutes and regulations, the applications and additional material
relevant to the applications and contained in the administrative
record, EPA made a decision in accordance with 40 CFR 52.21 and 40 CFR
part 124 to issue the final PAL permit to CPP. The permit was signed on
January 23, 2013, and notice of the final permit decision was provided
in accordance with the requirements of 40 CFR 124.15. The District
Department of the Environment (DDOE) is also in the process of issuing
permits to CPP, however, the DDOE's permits are not part of this
action.
    Under 40 CFR 124.19(f)(2), notice of any final EPA action regarding
a permit issued under the authority of 40 CFR 52.21 must be published
in the Federal Register. Section 307(b)(1) of the CAA provides for
review of any final EPA action in the United States Court of Appeals
for the appropriate circuit. Such a petition for review of final EPA
action must be filed within 60 days from the date of notice of such
action in the Federal Register. For purposes of judicial review under
the CAA, final EPA action occurs when a final Prevention of Significant
Deterioration permit is issued or denied by EPA, and EPA review
procedures are exhausted under 40 CFR 124.19(f)(1).
    Any person who filed comments on the draft CPP permit was provided
the opportunity to petition the Environmental Appeals Board by February
25, 2013. No petitions were submitted; therefore the CPP permit became
effective on February 25, 2013.

    Dated: March 28, 2013.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2013-08697 Filed 4-11-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]
[Page 16091]
[DOCID:fr31mr10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11143-020]

Glen Falls Hydro, LLC; Essex Energy Partners, LLC; Notice of
Application for Transfer of License, and Soliciting Comments and
Motions To Intervene

March 24, 2010.
    On March 8, 2010, Glen Falls Hydro, LLC (transferor) and Essex
Energy Partners, LLC (transferee) filed an application for transfer of
license of the Glen Falls Project, located on the Moosup River in
Windham County, Connecticut.
    Applicants seek Commission approval to transfer the license for the
Glen Falls Project from the transferor to the transferee.
    Applicant Contact: For transferor Mr. John Gauvin, Glen Falls
Hydro, LLC, 340 Prospect Street, Moosup, CT 06354, phone (860) 564-
7786. For the transferee Mr. Bruce DiGennaro, Essex Energy Partners,
LLC, 27 Vaughan Avenue, Newport, RI 02840, phone<PHONE_NUMBER>
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii)(2008) and the instructions on the Commission's Web
site under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC. 20426.
For more information on how to submit these types of filings please go
to the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the eLibrary link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
11143-020) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-7142 Filed 3-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Notices]
[Page 30599]
[FR Doc No: 2021-12054]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-04-2020-2504; FRL 10023-83-Region 4]

JCC Environmental Superfund Site Picayune, Mississippi; Notice of
Extended Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extended comment period.

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SUMMARY: The United States Environmental Protection Agency published a
notice of settlement on April 9, 2021, FRL 10020-84-Region 4,
concerning the JCC Environmental Superfund Site located in Picayune,
Mississippi. The settlement addresses recovery of CERCLA costs for a
cleanup action performed by the EPA at the Site. The settling parties
listed with the settlement on the Agency's website was incomplete. The
complete listing of parties is now available via the below web address.
The agency will be extending the comment period 30 days after the date
of this publication.

DATES: The Agency will consider public comments on the settlement until
July 9, 2021. The Agency will consider all comments received and may
modify or withdraw its consent to the proposed settlement if comments
received disclose facts or considerations which indicate that the
proposed settlement is inappropriate, improper, or inadequate.

ADDRESSES: Copies of the settlement are available from the Agency by
contacting Ms. Paula V. Painter, Program Analyst, using the contact
information provided in this notice. Comments may also be submitted by
referencing the Site's name through one of the following methods:
    Internet: https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices.
    Email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Paula V. Painter at<PHONE_NUMBER>
Email<EMAIL_ADDRESS>
Erika White,
Acting Chief, Enforcement Branch, Superfund & Emergency Management
Division.
[FR Doc. 2021-12054 Filed 6-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 71965-71966]
[FR Doc No: 2011-29926]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER11-3125-002.
    Applicants: Old Dominion Electric Cooperative.
    Description: Amendment to MBR Tariff to be effective 9/13/2010.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5064.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER11-3902-002.
    Applicants: Jersey Central Power & Light.
    Description: Correction to Seller Category to be effective 6/29/
2011.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5045.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER11-4124-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Filing of a Refund Report to be effective N/A.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5042.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER11-4156-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of a Refund Report to be effective N/A.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5025.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER11-4302-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of a Refund Report to be effective N/A.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5033.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER12-377-000.
    Applicants: El Paso Marketing, L.P.
    Description: El Paso Marketing, L.P. MBR Baseline Filing to be
effective 11/10/2011.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5044.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER12-378-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: Compliance filing for 3 Tap Agreements 11.10.2011 to
be effective 11/10/2011.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5071.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER12-379-000.
    Applicants: NV Energy, Inc.
    Description: Servic Agreement No. 10-01251 Amended & Restated SGIA-
CC Landfill to be effective 10/20/2011.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5073.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: ER12-380-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination for Hercules IA and Transmission
Facilities Agreement to be effective 1/10/2012.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5082.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC12-1-000.
    Applicants: Le Plateau Wind Power L.P.
    Description: Self-Certification of Foreign Utility Company Status
of Le Plateau Wind Power L.P.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5031.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: FC12-2-000.
    Applicants: Wind Invest Sp. z.o.o.
    Description: Notice of Self-Certification of Foreign Utility
Company Status of Wind Invest Sp. z.o.o..
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5029.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: FC12-3-000.
    Applicants: Dobieslaw Wind Invest z.o.o..
    Description: Notice of Self-Certification of Foreign Utility
Company Status of Dobieslaw Wind Invest z.o.o.
    Filed Date: 11/10/2011.
    Accession Number: 20111110-5038.
    Comment Date: 5 p.m. ET on 12/1/2011.

    Docket Numbers: FC12-4-000.
    Applicants: Jezycki Wind Invest Sp. z.o.o.
    Description: Notice of Self-Certification of Foreign Utility
Company Status of Jezycki Wind Invest Sp. z.o.o.

    Filed Date: 11/10/2011.
    Accession Number: 20111110-5039.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
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: November 10, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-29926 Filed 11-18-11; 8:45 am]
BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA 2. OMB control number b. G None a 2 0 6 0  0110 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection ( for NSPS Subparts M and S) d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. X Reinstatement, with change, of a previously approved ( Subparts P, Q, R, and Z) collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NSPS Smelters: Subpart M  Secondary Brass and Bronze Production; Subpart P  Primary Copper; Subpart Q  Primary Zinc; Subpart R  Primary Lead; Subpart S  Primary Aluminum Reduction Plants; and Subpart Z  Ferroalloy Production Facilities 8. Agency form number( s) ( If applicable) 1604.06 9. Keywords Air pollution control , smelter, brass and bronze, copper, zinc, lead, aluminum, ferroalloy 10. Abstract Owners or operators of metal smelters subject to NSPS must notify EPA of construction, modification, anticipated and actual startup dates, and results of performance tests. With the exception of subpart M facilities, smelters must also notify of the presence of a CMS and excess emissions that occur. Records of performance test results, startups, shutdowns, malfunctions and certain specified operating parameters for all subparts except M must be maintained to ensure compliance.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 27 b. Total annual responses 82 1. Percentage of these responses collected electronically 10 % c. Total annual hours requested 5,351 d. Current OMB inventory 4,372 e. Difference 979 f. Explanation of difference 1. Program Change 979 2. Adjustment ____ 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 232 c. Total annualized cost requested 232 d. Current OMB inventory 0 e. Difference 232 f. Explanation of difference 1. Program change 2. Adjustment 232 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initial startup, Construction, modification, performance tests 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Deborah Thomas Phone: 202 564 5041 OMB 83 I 10/ 95