[Federal Register: August 27, 2007 (Volume 72, Number 165)]
[Notices]
[Page 49033-49034]
[DOCID:fr27au07-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56290; File No. SR-NYSE-2007-75]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adjust the Earnings of Companies for Purposes of its Earnings Standard
by Reversing the Income Statement Effects of Changes in Fair Value of
Financial Instruments Extinguished at the Time of Listing on a Six
Month Pilot Basis

 August 20, 2007.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that on August 13, 2007, New York Stock Exchange LLC (the
``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission the proposed rule changes as described in Items I and II
below, which items have been prepared by the Exchange. NYSE has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4,\4\
which renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the earnings standard of Section
102.01C(I) of the Exchange's Listed Company Manual (the ``Manual'') on
a six-month pilot program basis. The amendment will enable the Exchange
to adjust the earnings of companies by reversing the income statement
effects for all periods of any changes in fair value of financial
instruments classified as a liability recorded by the company in
earnings, provided such financial instrument is either being redeemed
with the proceeds of an offering occurring in conjunction with the
listing or converted into or exercised for common stock of the company
at the time of listing.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, 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 NYSE has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend the earnings standard of Section
102.01C(I) of the Manual on a six-month pilot program basis (the
``Pilot Program''). The amendment will enable the Exchange to adjust
the earnings of companies listing in conjunction with an IPO by
reversing the income statement effects for all periods of changes in
fair value of financial instruments classified as a liability recorded
by the company in earnings, provided such financial instrument is
either being redeemed with the proceeds of an offering occurring in
conjunction with the listing or converted into or exercised for common
stock of the company at the time of listing.
    Nonpublic companies engaging in pre-IPO financings often raise
capital through the sale of preferred stock and warrants to purchase
preferred stock. Preferred stock and preferred stock warrants are also
sometimes issued by pre-IPO companies to service providers in lieu of
cash compensation. Typically, at the time of the company's IPO, the
preferred stock is converted into common stock and the preferred stock
warrants are automatically exercised and the underlying preferred stock
is converted into common stock of the company. In some cases, companies
may also redeem some or all of the outstanding preferred stock with a
portion of the proceeds from the IPO.
    Some pre-IPO companies have determined that they must record in
earnings changes in the fair value of certain financial instruments
classified as liabilities. As the fair value of a pre-IPO company's
equity often increases as the company gets closer to its IPO, many
companies have had to record significant reductions in earnings
associated with increases in the fair value of the preferred stock
warrant liability. In certain cases, the impact on the company's
earnings as reported under generally accepted accounting principles
(``GAAP'') of the preferred stock liability causes otherwise qualified
companies to fail to qualify under the Exchange's earnings standard.
Under the Exchange's current rules, the Exchange cannot list these
companies even though the preferred stock warrant liability will be
extinguished at the time of the IPO by conversion into common stock or
redemption out of the proceeds of the IPO.
    The Exchange believes that it is appropriate to exclude the effects
of changes in fair value of a financial instrument classified as a
liability from a company's earnings where the financial instrument is
being retired at the time of a company's listing either out of the
proceeds of a concurrent offering or by conversion into common stock at
the time of listing. The Exchange believes that adjusting company
earnings for charges arising out of the changes in fair value of
financial instruments that are retired with the proceeds of an offering
occurring in conjunction with the listing or converted into common
stock at the time of listing is consistent with the adjustments that
are currently permitted under Section 102.01C for a number of other
nonrecurring charges to earnings that are included in net income as
recorded under GAAP, such as the exclusion of impairment charges on

long-lived assets, the exclusion of gains and losses on sales of a
subsidiary's or investee's stock and the exclusion of in-process
purchased research and development charges. The Exchange also believes
that this adjustment is reasonable given the purpose of the earnings
standard, which is to determine the suitability for listing of
companies on a forward-looking basis.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \5\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Exchange Act
\6\ and Rule 19b-4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Exchange Act, the Exchange is required 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 satisfied the five-day pre-filing
requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Exchange Act \8\ normally does not become operative for 30 days after
the date of its filing. However, Rule 19b-4(f)(6)(iii) \9\ permits the
Commission to 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. The
Commission hereby grants the request.\10\ The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposed rule change is
consistent with other adjustments the Exchange makes when evaluating
applicants on a forward-looking, post-IPO basis under the existing
earnings standard in Section 102.01C(I) of the Listed Company Manual,
and the proposal will take effect as a Pilot Program, allowing the
Commission to evaluate the suitability of the proposal during the pilot
period.\11\
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    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
    \11\ Not later than 60 days prior to the expiration of the Pilot
Program, the NYSE should provide the Commission with information
regarding the nature of the adjustments that have been made to the
financial statements of individual companies that have listed on the
Exchange using the proposed rule change.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Exchange Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2007-75 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-75. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing will
also be available for inspection and copying at the principal office of
the NYSE. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File number SR-
NYSE-2007-75 and should be submitted on or before September 17, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-16837 Filed 8-24-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55597-55598]
[DOCID:fr28oc09-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60858; File No. SR-CBOE-2009-077]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Chicago Board Options Exchange Stock
Exchange Fees Schedule Related to Stock Component of Stock-Option Cross
Trade

October 21, 2009.
    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 October 16, 2009, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
CBOE has designated this proposal as one establishing or changing a
due, fee, or other charge applicable only to a member under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its CBOE Stock Exchange (``CBSX'')
Fees Schedule. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary, and at the Commission.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    CBSX proposes to make fee modifications in order to better attract
business to the Exchange. Specifically, CBSX proposes to change to
$0.0010 per share (from $0.0025 per share) its fee for the stock
component of a stock-option cross trade, and to adjust the maximum rate
to $15 per trade (from $50 per trade). These changes are to take effect
as of October 19, 2009.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (``Act''),\5\ in general, and furthers
the objectives of Section 6(b)(4) \6\ of the Act in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among CBOE members and other persons
using its facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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

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

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-077 in the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-077. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2009-077 and should be
submitted on or before November 18, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-25831 Filed 10-27-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61112-61118]
[FR Doc No: 2015-25446]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0527; A-1-FRL- 9935-33-Region1]

Air Plan Approval; Maine; General Permit Regulations for
Nonmetallic Mineral Processing Plants and Concrete Batch Plants

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maine.
This

revision establishes and requires general permit regulations for
nonmetallic mineral processing plants and concrete batch plants. The
regulations provide an option for minor new sources of air emissions to
comply with the State's minor new source review (NSR) rules in lieu of
obtaining an individual permit. The intended effect of this action is
to approve Maine's general permit regulations for minor source
nonmetallic mineral processing plants and concrete batch plants. This
action is being taken in accordance with section 110 the Clean Air Act.

DATES: This direct final rule will be effective December 8, 2015,
unless EPA receives adverse comments by November 9, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2015-0527 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0527'',
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Ida E.
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail
code OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2015-0527. 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 whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available in www.regulations.gov or in hard copy at U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, 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.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Office of Ecosystem
Protection, 5 Post Office Square, Suite 100 (OEP05-2), telephone number
(617) 918-1656, fax number<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Maine's General Permit Regulations
    A. What does Maine's General Permit Regulation for Nonmetallic
Mineral Processing Plants require?
    B. What does Maine's General Permit Regulation for Concrete
Batch Plants require?
III. EPA's Evaluation
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2014, supplemented with a technical support document
(TSD) on August 20, 2015, the State of Maine submitted two formal
revisions to its State Implementation Plan (SIP). The SIP revisions
consist of Maine's 06-096 Code of Maine Regulations (CMR) Chapter 149,
``General Permit Regulation for Nonmetallic Mineral Processing Plants''
\1\ (Chapter 149) and Maine's 06-096 CMR Chapter 164, ``General Permit
Regulation for Concrete Batch Plants'' \2\ (Chapter 164), accompanied
by a TSD. Maine originally adopted Chapter 149 ``General Permit
Regulation for Nonmetallic Mineral Processing Plants'' on July 17, 2008
and adopted amendments on April 4, 2014, with an effective date of
April 27, 2014. Maine adopted Chapter 164 ``General Permit Regulation
for Concrete Batch Plants'' on April 4, 2014, with an effective date of
April 27, 2014.
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    \1\ In a letter dated August 20, 2015, Maine formally withdrew
the ``director discretion'' provisions in sections 5(A)(8),
5(A)(9)(a), and 5(A)(9)(b), and the opacity provisions in sections
5(A)(15), 5(C)(7), and 5(E), in Chapter 149 from consideration as
part of its July 24, 2014 SIP revision.
    \2\ In a letter dated August 20, 2015, Maine formally withdrew
the ``director discretion'' provisions in sections 5(C)(2),
5(C)(3)(a), and 5(C)(3)(b), and the opacity provision in sections
5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), in Chapter
164 from consideration as part of its July 24, 2014 SIP revision.
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    Maine's Chapter 115 includes the State's new source review (NSR)
requirements for new major and minor sources and modifications of air
emissions. Among other requirements, Chapter 115 includes requirements
for such sources to apply Best Available Control Technology (BACT).
Maine's July 24, 2014 SIP submittal provides an option for minor new
nonmetallic mineral processing plants and concrete

batch plants to satisfy the state's minor NSR permitting requirements
under Chapter 115 in lieu of obtaining an individual permit. The two
general permit regulations include monitoring, record keeping and
reporting requirements, as is required for an individual minor NSR
permit under Chapter 115, and includes pollution control requirements
and emission limitations that satisfy Chapter 115's BACT requirements
for nonmetallic mineral processing plants and concrete batch plants.
See section II of this notice for details about the requirements in
Maine's general permit regulations and see section III for a summary of
EPA's evaluation of the State's general permit regulations. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of either or both of Maine's regulations as part of this action
and if that provision or provisions may be severed from the remainder
of the State's regulations and this action, EPA may adopt as final
those provisions of this action that are not the subject of an adverse
comment.

II. Maine's General Permit Regulations

A. What does Maine's General Permit Regulation for Nonmetallic Mineral
Processing Plants require?

    Chapter 149, ``General Permit Regulation for Nonmetallic Mineral
Processing Plants'' regulates stationary and portable nonmetallic
mineral processing plants which are not major sources. Owners and
operators may obtain specific regulatory coverage under Chapter 149 in
lieu of an individual air emissions license. Sources do so by obtaining
a Crusher Identification Number (CIN) for each individual rock crusher
and submitting a Notification of Intent to Comply (NOITC), attesting to
their formal agreement to abide by all applicable conditions of Chapter
149. Power plant engines, located at the plant in question, including
generator sets and diesel drives, do not require a CIN, but are subject
to the provisions of the general permit regulation when associated with
the rock crushing activities. In addition, power plant engines located
at the plant also have size limits and must be portable, non-stationary
engines in order for the plant to be eligible for coverage under the
general permit regulation. Maine's general permit regulation also
limits facility-wide fuel use to no more than 65,000 gallons of fuel
oil, or the combined equivalent of natural gas and propane, in a
calendar year. This fuel use limit was chosen to ensure that emissions
of all criteria pollutants remain under the reporting thresholds for
Maine's Emissions Statements rule. The Emissions Statement reporting
thresholds are well below Chapter 115 thresholds which require
facilities to perform an air quality impact analysis. Finally, if the
construction, modification, or operation of the nonmetallic mineral
processing plant would not comply with all of the conditions of the
general permit regulation, the owner must apply for an individual air
emission license under Chapter 115 prior to beginning the actual
construction, modification or operation of the source.
    Chapter 149 requires operators to establish and maintain best
management practices for suppression of fugitive particulate matter
during any construction, reconstruction, or operation which may result
in fugitive dust, and to maintain and operate all air pollution systems
in a manner consistent with good air pollution control practices for
minimizing emissions. Chapter 149 requires spray nozzles or other
control equipment for particulate control on the rock crusher. Plants
using a control method other than water sprays or carry over from up-
stream water sprays are excluded from applicability of Chapter 149 and
must obtain an individual air emission license under Chapter 115.
Chapter 149 requires monthly inspections of water sprays and a log
detailing the maintenance and corrective actions on particulate matter
control equipment. For eligible power plant engines associated with the
rock crushing activities, Chapter 149 sets facility-wide fuel usage
limits, fuel sulfur content limits, particulate matter emission limits
if the engine is greater than 3.0 MMBtu/hr, and prohibitions against
using any engine as a dispatched load generator. See sections 5(B) and
5(C) of Chapter 149.

B. What does Maine's General Permit Regulation for Concrete Batch
Plants require?

    Chapter 164 ``General Permit Regulation for Concrete Batch Plants''
regulates concrete batch plants which are not major sources. Owners and
operators may obtain specific regulatory coverage under Chapter 164 in
lieu of obtaining an individual air emissions license. Sources do so by
obtaining a General Permit Number (GPN) for each unit and submitting a
Notification of Intent to Comply (NOITC), attesting to their formal
agreement to abide by all applicable conditions of Chapter 164.
Generator sets, small boilers and hot water heaters, located at the
concrete batch plant, do not require a GPN but are subject to the
provisions of the general permit regulation when associated with the
operations of the plant. Engines, boilers, and hot water heaters
eligible for coverage under the general permit regulation must meet
specified size limits. In addition, engines must be portable, non-
stationary engines in order for the plant to be eligible for coverage
under the general permit regulation. Maine's general permit regulation
also limits facility-wide fuel use to no more than 65,000 gallons of
fuel oil, or the combined equivalent of natural gas and propane, in a
calendar year. This fuel use limit was chosen to ensure that emissions
of all criteria pollutants remain under the reporting thresholds for
Maine's Emissions Statements rule. The Emissions Statement reporting
thresholds are well below Chapter 115 thresholds which require
facilities to perform an air quality impact analysis. Finally, if the
construction, modification, or operation of a concrete batch plant
would not comply with all of the conditions of the general permit
regulation, the owner must apply for an individual air emission license
under Chapter 115 prior to beginning the actual construction,
modification or operation of the source.
    Chapter 164 requires operators to establish and maintain best
management practices for suppression of fugitive particulate matter
during any construction, reconstruction, or operation which may result
in fugitive dust, and to maintain and operate all air pollution systems
in a manner consistent with good air pollution control practices for
minimizing emissions. Operators are required to maintain particulate
control on the concrete batch plant, and associated material handling
systems, bag house filtration systems and cement silos. Chapter 164
requires monthly inspections of control equipment and a log detailing
the maintenance and corrective actions on particulate matter control
equipment, as well as testing, monitoring and recordkeeping
requirements. In addition, for engines, boilers and hot water heaters,
Chapter 164 sets sulfur content in fuel limits, facility fuel usage
limits, and particulate matter limits if the engines, boilers, and hot
water heaters are greater than 3.0 MMBtu/hr. See section 5(B) in
Chapter 164.

III. EPA's Evaluation

    Maine's July 24, 2014 SIP submittals establish and require general
permit regulations meant to satisfy the Chapter 115 minor NSR
requirements for nonmetallic mineral processing plants and concrete
batch plants. The general

permit regulations include control requirements and emission limits
that satisfy the state's minor NSR BACT requirement. The regulations
also include monitoring, recordkeeping and reporting requirements as
required by the state's Chapter 115 minor NSR permitting requirements.
The regulations provide an option for minor new and modified
nonmetallic mineral processing plants and concrete batch plants to
comply with the requirements of the general permit regulation in lieu
of applying for and receiving a minor NSR permit under Chapter 115.
    Section 110(a)(2)(C) of the Act requires, in part, that state SIPs
include permit programs that regulate the construction and modification
of stationary sources adequate to ensure the national ambient air
quality standards (NAAQS) are achieved. A minor stationary source is a
source whose potential to emit is lower than the major source
applicability threshold for particular pollutants defined by the
applicable major NSR program. Because Maine's SIP submittals are only
meant to satisfy the requirements of minor NSR, we evaluated Maine's
Chapter 149 and Chapter 164 general permit regulations under EPA's
implementing regulations for minor NSR SIP revisions found at 40 CFR
51.160 through 51.164. EPA requires that a minor NSR program include
legally enforceable procedures, public availability of information,
identification of the responsible agency, administrative procedures,
and stack height procedures (see 40 CFR 51.160-51.164). The following
describes how Maine's SIP submittals meet these requirements.
    The regulation at 40 CFR 51.160(a) requires that each plan must set
forth legally enforceable procedures that enable the State or local
agency to determine whether the construction or modification of a
facility, building, structure or installation or combination of these
will result in: (1) A violation of applicable portions of the control
strategy; or (2) interference with attainment or maintenance of a
national standard in the state in which the proposed source or
modification is located or in a neighboring state. The regulation at 40
CFR 50.160(b) provides that such procedures must include means by which
the State or local agency responsible for final decision-making on the
application for approval to construct or modify will prevent such
construction or modification if: (1) It will result in a violation of
applicable portions of the control strategy; or (2) it will interfere
with the attainment or maintenance of a national standard.
    Maine's Chapter 115 Major and Minor Source Air Emission License
Regulations require all applicants for new construction and
modifications to existing sources to provide an assessment of the
ambient air quality impact of the source, including the NAAQS, if the
new source or modification exceeds certain thresholds. The source or
modification must demonstrate that the maximum emission rates of all
regulated and hazardous air pollutants will not violate any applicable
requirements or interfere with attainment or maintenance of a NAAQS in
Maine or a neighboring state.
    To comply with this requirement, Maine's general permit regulations
are not applicable to larger sources that exceed the regulations'
emission threshold levels or other program requirements. These larger
sources must obtain an individual air emissions license under Chapter
115. In addition, both general permit regulations give Maine the
authority to prohibit a source from using the general permit rules if
Maine has reasonable cause to believe that emissions from the proposed,
modified, or relocated source will violate the control strategy or
interfere with attainment or maintenance of a national standard in
Maine or in a neighboring state. See section 1(F)(9) of Chapters 149
and 164.
    Maine also conducted a technical analysis to determine the impact
of the smaller nonmetallic mineral processing plants and concrete batch
plants that would be eligible for coverage under the general permit
regulations. Maine analyzed its 2011 emissions inventory data to assess
the relative contribution of nonmetallic mineral processing plants and
concrete batch plants to the statewide particulate matter (PM)
inventory. Annual emissions from these source categories were
significantly lower than total emissions of PM in the State. There is a
total of 334 nonmetallic mineral processing plants licensed in Maine,
of which 238 plants hold an individual license under Chapter 115. The
remaining 96 facilities have been licensed under the Chapter 149
general permit rule and Maine estimates the emissions from these plants
combined to be only 8.64 tons per year. There is a total of 73 licensed
concrete batch plants in Maine, of which 59 hold an individual license
under Chapter 115. The remaining 14 facilities are licensed under the
Chapter 164 general permit rule and their combined emissions are
estimated at 5.6 tons per year. Statewide PM emissions in 2011 totaled
69,370.64 tons per year.
    Thus, Maine's TSD demonstrates that PM emissions from all
nonmetallic mineral processing plants account for a maximum of 0.0433%
of the statewide PM emissions inventory, with plants obtaining coverage
under Maine's general permit regulations accounting for only 0.01% of
the total PM emissions statewide. PM emissions from all concrete batch
plants account for a maximum of 0.0421% of total statewide PM
emissions, with plants obtaining coverage under Maine's general permit
regulations accounting for only 0.008% of total PM emissions statewide.
Therefore, Maine's TSD demonstrates to EPA's satisfaction that the air
quality impacts from the nonmetallic mineral processing plants and
concrete batch plants eligible for coverage under Maine's general
permit regulations to be extremely small.
    Maine does not expect there will be a significant change in the
number of sources that are using the general permit programs, since
many owners and operators of eligible units have other permitted
equipment (e.g., an asphalt batch plant) that must be permitted through
the standard licensing process under Chapter 115. Maine also does not
expect significant growth in either of these source sectors. Sources
applying for a license under these general permit rules will be
required to meet all applicable control requirements, as described
above in section II. Prior to the adoption of Chapters 149 and 164,
Maine did not have specific regulations or control requirements for
rock crushers and concrete batch plants per se. Instead, control
requirements for new and modified sources were established utilizing a
case-by-case best available control technology (BACT) determination
through the Maine's Chapter 115 Major and Minor Source Air Emission
License Regulations. With the adoption of the general permit rules,
these control technology requirements are now explicitly codified for
these specific sources in Maine's regulations. Although Maine does not
anticipate control technology improvements for these minor sources,
Maine retains the authority to amend these rules in the event federal
standards or requirements change.
    The regulation at 40 CFR 51.160(c) specifies that the plan's
procedures must provide for the submission, by the owner or operator of
the building, facility, structure, or installation to be constructed or
modified, of such information on: (1) The nature and amounts of
emissions to be emitted by it or emitted by associated mobile sources;
(2) the location, design, construction, and operation of such facility,
building, structure, or installation as may be necessary to

permit the State or local agency to make the determination whether the
propose construction would result in any unacceptable air quality
impacts. See 40 CFR 51.160(a) and (b). Maine's Chapter 149 and 164
rules both establish application information required to be submitted
for a general permit, including, but not limited to the following: (1)
Identifying information, including contact information for the owner;
(2) The age, type, and maximum processing rate; (3) A unique
identifier, such as a serial number, etc. associated with the source;
(4) Any other information that may be necessary to implement and
enforce any requirements applicable to the source pursuant to federal
or state air emission control regulations; and (5) If required by the
Department, proposed monitoring, testing, record keeping and reporting
protocols and results of previously performed performance tests. See
section 3(B) of Chapter 149 and 164. Moreover, Maine's application
forms for coverage under the general permit regulations require an
applicant to submit other information, such as the location of the
facility, which would assist the State in determining whether the
proposed construction would result in any unacceptable air quality
impacts. EPA's approval of Maine's general permit regulations is
appropriate in light of this and the other information required of
applicants, and EPA believes that Maine must continue to require such
information in its applications in order to meet the requirements of
the CAA and its implementing regulations.
    The regulation at 40 CFR 51.160(d) specifies that the plan's
procedures must provide that approval of any construction or
modification must not affect the responsibility of the owner or
operator to comply with applicable portions of the State's pollution
control strategy. Maine's general permit rules explicitly state that
the regulations do not release a person from the obligation to comply
with any other applicable state or federal requirements. See section
1(E) of Chapter 149 and section 1(D) of Chapter 164.
    The regulation at 40 CFR 51.160(e) provides that the plan's
procedures must identify types and sizes of facilities, buildings,
structures, or installations which will be subject to review under this
section. The plan must discuss the basis for determining which
facilities will be subject to review. Maine's Chapters 149 and 164 both
contain applicability provisions that identify the types and size of
facilities, buildings, structures, or installations that are covered
under the respective rules. See section 1 of Chapters 149 and 164.
    The regulation at 40 CFR 51.160(f) provides that the plan's
procedures must discuss the air quality data and the dispersion or
other air quality modeling used to meet the requirements of subpart I,
Review of New Sources and Modifications. See the earlier discussion
about Maine's technical analysis of the air quality impacts from the
sources subject to these general permit rules in its TSD. In addition,
Maine's Chapter 115 Major and Minor Source Air Emission License
Regulations require every applicant to provide an affirmative
demonstration that its emissions, in conjunction with all other
sources, will not violate applicable ambient air quality standards,
except that sources in nonattainment areas, or sources which
significantly impact a nonattainment area, shall be required to
demonstrate that the source's emissions are consistent with reasonable
further progress provisions of the SIP. An applicant may use ambient
air monitoring, modeling, or other assessment techniques as approved by
Maine. NSR modeling required pursuant to Chapter 115 must be consistent
with EPA regulations and guidelines or other requirements under the
CAA. See sections 7(C) and (D) of Chapter 115. In the event Maine
determines that it has reasonable cause to believe that emissions from
the proposed, modified, or relocated source will violate the control
strategy or interfere with attainment or maintenance of a national
standard in Maine or in a neighboring state, Maine has the ability to
require an operator to apply for and obtain an individual air emission
license under Chapter 115 (and perform an ambient air quality analysis)
before beginning the actual construction, modification, or operation of
the source. See section 1(F)(9) of Chapter 149 and section 1(E)(9) of
Chapter 164. If modeling is deemed necessary, Chapter 115 requires
modeling to be based on the relevant air quality models, databases, and
other requirements specified in the current Guideline on Air Quality
Models found in Appendix W to 40 CFR part 51. See section 7(A) of
Chapter 115.
    The regulation at 40 CFR 51.161 requires that the legally
enforceable procedures in 40 CFR 51.160 must also require the State or
local agency to provide opportunity for public comment on information
submitted by owners and operators. The public information must include
the agency's analysis of the effect of construction or modification on
ambient air quality, including the agency's proposed approval or
disapproval. Chapter 149 and Chapter 164 rules were posted to a 30-day
public comment period with opportunity to request a public hearing in
accordance with state and federal administrative requirements. Public
notice of the comment period was published on the Secretary of State's
rulemaking Web site and in newspapers statewide on January 15, 2014.
    The regulation at 40 CFR 51.162 specifies that each plan must
identify the State or local agency which will be responsible for
meeting the requirements of this subpart in each area of the State.
Where such responsibility rests with an agency other than an air
pollution control agency, such agency will consult with the appropriate
State or local air pollution control agency in carrying out the
provisions of this subpart. The Maine Department of Environmental
Protection is the only CAA permitting authority in the State of Maine
and Maine is not proposing to delegate this authority.
    The regulation at 40 CFR 51.163 provides that the plan must include
the administrative procedures which will be followed in making the
determination specified in paragraph (a) of 40 CFR 51.160. Maine's
Chapter 149 and Chapter 164 rules both contain the administrative
procedures and application requirements pursuant to which the State
will act upon an application for a general permit. The rules specify
the terms and conditions for the general permit application, including
the application form and any other additional information required by
Maine. See section 3 of Chapters 149 and 164.
    The regulation at 40 CFR 51.164 sets requirements for good
engineering stack practice height. Maine's Chapter 115 Major and Minor
Source Air Emission License Regulations provide that Maine may require
an air quality impact analysis for a minor source that has the
potential to emit certain pollutants exceeding the thresholds. See
section 7(B)(3)of Chapter 115. Air quality impact analysis and air
quality monitoring requirements will be determined by Maine on a case-
by-case basis considering a number of factors, including good
engineering stack height. See Section 7(C) of Chapter 115. As
previously noted, both Chapter 149 and Chapter 164 provide authority
for Maine to require an operator to obtain an individual Chapter 115
air emission license, if appropriate.
    Our evaluation of Maine's July 24, 2014 SIP submittals and
supporting TSD demonstrates that the SIP submittals meet compliance
requirements for SIP minor NSR programs under section 110(a)(2)(C) of
the Clean Air Act.

IV. Final Action

    EPA is approving the revisions to the Maine SIP submitted on July
24, 2014 and August 20, 2015. Specifically, EPA is approving the
incorporation of the Maine 06-096 CMR Chapter 149 ``General Permit
Regulation for Nonmetallic Mineral Processing Plants'' (except the
``director discretion'' provisions in sections 5(A)(8), 5(A)(9)(a), and
5(A)(9)(b), and the opacity provisions in sections 5(A)(15), 5(C)(7),
and 5(E), which were formally withdrawn from consideration as part of
the SIP), and the Maine 06-096 CMR Chapter 164 ``General Permit
Regulation for Concrete Batch Plants'' (except the ``director
discretion'' provisions in sections 5(C)(2), 5(C)(3)(a), and
5(C)(3)(b), and the opacity provisions in sections 5(A)(10), 5(B)(3),
5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which were formally withdrawn from
consideration as part of the SIP).
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
December 8, 2015 without further notice unless the Agency receives
relevant adverse comments by November 9, 2015.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 8, 2015 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Maine
06-096 CMR Chapter 149 ``General Permit Regulation for Nonmetallic
Mineral Processing Plants'' (except the ``director discretion''
provisions in sections 5(A)(8), 5(A)(9)(a), and 5(A)(9)(b), and the
opacity provisions in sections 5(A)(15), 5(C)(7), and 5(E), which were
formally withdrawn from consideration as part of the SIP) and the Maine
06-096 CMR Chapter 164 ``General Permit Regulation for Concrete Batch
Plants'' (except the ``director discretion'' provisions in sections
5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and the opacity provisions in
sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which
were formally withdrawn from consideration as part of the SIP)
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these documents generally
available through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

VI. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 8, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a

comment in response to the parallel notice of proposed rulemaking for
this action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2))

List of Subjects in 40 CFR Part 52

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

    Dated: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart U--Maine

0
2. In Sec.  52.1020(c), the table is amended by adding new state
citations for Chapter 149 and Chapter 164 in numerical order and
revising footnote 1 to read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                      EPA approval date
         State citation             Title/subject         State      EPA  approval date        Explanations
                                                     effective date   and citation\ 1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chapter 149....................  General Permit          04/27/2014  10/9/2015, [Insert  All of Chapter 149 is
                                  Regulation for                      Federal Register    approved with the
                                  Nonmetallic                         citation].          exception of the
                                  Mineral                                                 ``director
                                  Processing Plants.                                      discretion''
                                                                                provisions in sections
                                                                                5(A)(8), 5(A)(9)(a),
                                                                                and 5(A)(9)(b), and
                                                                                the opacity provisions
                                                                                in sections 5(A)(15),
                                                                                5(C)(7), and 5(E),
                                                                                which were formally
                                                                                withdrawn from
                                                                                consideration as part
                                                                                of the SIP.

                                                  * * * * * * *
Chapter 164....................  General Permit          04/27/2014  10/9/2015, [Insert  All of Chapter 164 is
                                  Regulation for                      Federal Register    approved with the
                                  Concrete Batch                      citation].          exception of the
                                  Plants.                                                 ``director
                                                                                discretion''
                                                                                provisions in sections
                                                                                5(C)(2), 5(C)(3)(a),
                                                                                and 5(C)(3)(b), and
                                                                                the opacity provisions
                                                                                in sections 5(A)(10),
                                                                                5(B)(3), 5(B)(4),
                                                                                5(E), 5(F)(5) and
                                                                                5(G)(4), which were
                                                                                formally withdrawn
                                                                                from consideration as
                                                                                part of the SIP.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2015-25446 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P