[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Pages 13975-13977]
[FR Doc No: 2020-04820]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

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

ACTION: Notice of actions on special permit applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before April 9, 2020.

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

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 28, 2020.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                          Special Permits Data--Granted
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                 Applicant          Regulation(s)  affected        permits thereof
----------------------------------------------------------------------------------------------------------------
15279-M...........................  University of          172.301(a), 172.301(b),     To modify the special
                                     Colorado At Boulder,   172.301(c),                 permit to authorize new
                                     Ehs.                   173.199(a)(3),              destinations due to lab
                                                            173.199(a)(4),              increasing in size and
                                                            173.199(a)(5), 178.609.     moving.
16011-M...........................  Americase, LLC.......  172.200, 172.300, 172.500,  To modify the special
                                                            172.400, 172.600,           permit to authorize an
                                                            172.700(a), 173.185(c),     additional package.
                                                            173.185(f).
16061-M...........................  Battery Solutions,     172.200, 172.300, 172.400,  To modify the special
                                     LLC.                   173.185(c)(1)(iii),         permit to authorize
                                                            173.185(c)(1)(iv),          additional Class 8 and 9
                                                            173.185(c)(1)(v),           hazmat, to remove the UN
                                                            173.185(c)(3).              packaging code from the
                                                                                permit, to clarify the
                                                                                term operator and to
                                                                                increase the maximum
                                                                                gross mass of
                                                                                CellBlockEX material per
                                                                                package to 400kg.
20352-M...........................  Schlumberger           173.301(f), 173.302(a),     To modify the special
                                     Technology Corp.       173.304(a), 173.304(d),     permit to authorize a
                                                            178.36(f).                  thinner cylinder wall
                                                                                thickness of the
                                                                                cylinder.
20549-M...........................  Cellblock Fcs, LLC...  172.400, 172.700(a),        To modify the special
                                                            172.102(c)(1), 172.200,     permit to authorize rail
                                                            172.300.                    as an approved mode of
                                                                                transport.
20710-M...........................  Kerr Corporation.....  173.4a(c)(2), 173.4a(e)(2)  To modify the special
                                                                                permit to authorize an
                                                                                alternative package
                                                                                marking (QR Code) in
                                                                                lieu of requiring a copy
                                                                                of the special permit to
                                                                                accompany each shipment.

20896-N...........................  Applied Energy         172.101(j), 173.187,        To authorizes the
                                     Systems, Inc.          173.212, 173.240,           transportation in
                                                            173.242, 176.83.            commerce of a gas
                                                                                purification apparatus
                                                                                containing certain
                                                                                Division 4.2
                                                                                (spontaneously
                                                                                combustible solids) in
                                                                                non-DOT specification
                                                                                stainless steel pressure
                                                                                vessels.
20910-M...........................  Cellblock Fcs, LLC...  172.200, 172.300, 172.500,  To modify the special
                                                            172.400, 172.700(a).        permit to authorize rail
                                                                                transportation.
20926-N...........................  Cold Box Express, Inc  172.200, 172.600,           To authorize the use of
                                                            172.700(a).                 certain temperature-
                                                                                controlled shipping
                                                                                containers containing
                                                                                lithium ion batteries as
                                                                                not subject to certain
                                                                                shipping paper,
                                                                                training, and emergency
                                                                                response requirements.
20935-N...........................  Daicel Safety Systems  172.320, 173.54(a),         To authorize the
                                     Americas, Inc.         173.56(b), 173.57,          transportation in
                                                            173.58, 173.60.             commerce of explosive
                                                                                articles classed as
                                                                                Division 1.4S, when
                                                                                packed in a special
                                                                                shipping container
                                                                                without being approved
                                                                                in accordance with
                                                                                173.56.
20949-N...........................  Sigma-Aldrich, Inc...  178.601(k)................  To authorize the testing
                                                                                of UN 4G combination
                                                                                packagings for the
                                                                                transportation in
                                                                                commerce of hazardous
                                                                                materials in which the
                                                                                inner packagings have
                                                                                been used multiple times
                                                                                to complete the tests in
                                                                                Sec.  Sec.   178.603,
                                                                                178.606, and 178.608.
20952-N...........................  Capella Space Corp...  173.185(a)................  To authorize the
                                                                                transportation in
                                                                                commerce of low
                                                                                production lithium ion
                                                                                batteries contained in
                                                                                equipment by cargo-only
                                                                                aircraft.
20958-N...........................  University of          173.301(g), 173.24(b),      To authorize the
                                     Colorado.              173.24(f), 173.24(g),       transportation in
                                                            175.30(c)(1).               commerce of compressed
                                                                                air in Specification DOT
                                                                                3AA cylinders, which are
                                                                                used to purge sensitive
                                                                                equipment.
20977-N...........................  Rocket Lab Limited...  173.185(a), 173.185(b)(4).  To authorize the
                                                                                transportation in
                                                                                commerce of low
                                                                                production lithium ion
                                                                                batteries contained in
                                                                                equipment (launch
                                                                                vehicle) in non-DOT
                                                                                specification
                                                                                packagings.
20979-N...........................  Atk Space Systems Inc  ..........................  To authorize the
                                                                                transportation in
                                                                                commerce of hazardous
                                                                                materials over 422 feet
                                                                                of public roadways
                                                                                without being subject to
                                                                                the HMR.
----------------------------------------------------------------------------------------------------------------

                                          Special Permits Data--Denied
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                 Applicant          Regulation(s) affected         permits thereof
----------------------------------------------------------------------------------------------------------------
20879-N...........................  Aviall Services, Inc.  172.200, 172.300, 172.400,  To authorize the
                                                            173.159(j),                 transportation in
                                                            173.159(j)(3),              commerce of nickel-
                                                            173.159(j)(4).              cadmium batteries as not
                                                                                subject to the
                                                                                requirements of the HMR.
20943-N...........................  Zhejiang Meenyu Can    173.304(a), 173.304(d)....  To authorize the
                                     Industry Co., Ltd.                                 manufacture, mark, sale,
                                                                                and use of non-DOT
                                                                                specification
                                                                                receptacles.
20956-N...........................  Valtris Specialty      171.8, 171.4, 172.203(l),   To authorize the
                                     Chemicals.             172.322, 176.70.            transportation in
                                                                                commerce of two
                                                                                materials as not meeting
                                                                                the Sec.   171.8
                                                                                definition of a marine
                                                                                pollutant.
----------------------------------------------------------------------------------------------------------------

                                         Special Permits Data--Withdrawn
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                 Applicant          Regulation(s) affected         permits thereof
----------------------------------------------------------------------------------------------------------------
13179-M...........................  Recycle Aerosol, Llc.  173.21(i).................  To modify the special
                                                                                permit to authorize
                                                                                recycling or reclamation
                                                                                as well as disposal of
                                                                                waste hazmat.
20893-M...........................  Daimler Ag...........  172.301(c), 173.185(a)....  To modify the special
                                                                                permit to authorize the
                                                                                transportation in
                                                                                commerce of untested pre-
                                                                                production lithium ion
                                                                                batteries contained in a
                                                                                flammable liquid powered
                                                                                vehicle. (mode 4).
20945-N...........................  Air Medical Resource   172.101(j), 172.204(c)(3),  To authorize the
                                     Group, Inc.            173.27(b)(2),               transportation in
                                                            175.30(a)(1).               commerce of limited
                                                                                quantities of hazardous
                                                                                materials that exceed
                                                                                quantity limitations by
                                                                                air.

20946-N...........................  Volkswagen Ag........  172.101(j)................  To authorize the
                                                                                transportation in
                                                                                commerce of lithium ion
                                                                                batteries exceeding 35
                                                                                kg net weight by cargo-
                                                                                only aircraft.
20981-N...........................  Republic Helicopters,  172.200, 172.300, 172.400,  To authorize the
                                     Inc.                   173.27, 175.30, 175.33.     transportation in
                                                                                commerce of
                                                                                refrigerating units via
                                                                                rotocraft external
                                                                                loads.
20987-N...........................  Aji Bio-pharma.......  172.200, 172.400..........  To authorize the
                                                                                transportation in
                                                                                commerce of certain
                                                                                Division 6.1 hazardous
                                                                                materials without
                                                                                shipping papers and
                                                                                labels.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-04820 Filed 3-9-20; 8:45 am]
 BILLING CODE 4909-60-P


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.  20590

In the matter of:

INTRA-ALASKA CLASS						        DOCKET 14694

SERVICE MAIL RATES						        DOCKET 14695

EQUALIZATION NOTICE OF BELLAIR, INC.

BELLAIR, INC., an Alaskan carrier currently authorized to transport
United States Mail, hereby gives notice of its intent to equalize its
mail rates to the lowest authorized rates legally in effect over all
routes on its system, either directly or indirectly.

By Order 2004-2-12, the Department of Transportation established a new
linehaul rate for markets where Part 121 bush service is provided by
aircraft certificated by the manufacturer for 19 seats or more on one
flight a week or more.  The language of the Order sets the rate “for
markets where a carrier scheduling and operating at least one round trip
a week with Part 121 aircraft in passenger service qualifies for the
carriage of mail”.  This language establishes a single lawful rate for
each market, and appears to obviate the need for any sort of
equalization notice.   None-the-less, with an abundance of caution,
BELLAIR, INC. hereby gives notice of its equalization to the lowest
lawful rate in any market where it operates service.

BELLAIR, INC. equalizes its rates to the lowest rate, or combination of
rates, applicable in the markets it serves directly or by connection at
an intermediate point.

Equalization under this notice is effective immediately, and is
effective for an indefinite period.  This notice will remain in effect
until terminated by written notice filed at least ten days in advance.

Whereas BELLAIR, INC. gives this notice of equalization of its mail
rates, BELLAIR, INC. requests equitable tender and full tender of bypass
mail pursuant to the provisions of the Rural Service Improvement Act and
the practices and procedures of the Department of Transportation and the
United States Postal Service.

Respectfully submitted,

Michael A. Spisak

President, BELLAIR, INC.


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53507-53509]
[FR Doc No: 2011-21857]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65177; File No. SR-BX-2011-058]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Extending
the Pilot Period for BOX To Receive Inbound Routes of Orders From NOS

August 19, 2011.
    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 August 15, 2011, NASDAQ OMX BX, Inc. (the ``Exchange'') 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. 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 submits this proposed rule change to extend the pilot
period of the Exchange's prior approval for the Boston Options Exchange
(``BOX'') to accept inbound routes by NASDAQ Options Services, LLC
(``NOS'') of Nasdaq Options Market (``NOM'') Exchange Direct Orders
without checking the NOM book and 2) [sic] NOM non-System securities,
including Exchange Direct Orders.\3\
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    \3\ Pursuant to chapter VI, Section 1(b) of the NOM Rules,
``System Securities'' are all options that are currently trading on
NOM pursuant to chapter IV of the NOM rules. All other options are
``Non-System Securities.'' Pursuant to chapter VI, Section (1)(e)(7)
of the NOM Rules, Exchange Direct Orders are orders that route
directly to other Options Markets on an immediate-or-cancel basis
without checking the NOM book for liquidity.
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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
    Currently, NOS is the approved outbound routing facility of the
NASDAQ Stock Market (the ``NASDAQ Exchange'') for NOM, providing
outbound routing from NOM to other market centers.\4\ The Exchange and
the NASDAQ Exchange have previously adopted rules to permit BOX to
receive inbound routes of certain option orders, specifically (1)
Exchange Direct Orders without checking the NOM book prior to routing,
and (2) NOM non-system securities, by NOS on a pilot basis.\5\ The
Exchange specifically has adopted a rule to prevent potential
information advantages resulting from the affiliation between BOX and
NOS, as related to NOS's authority to route orders from NOM to BOX.\6\
NOS's authority to route these orders to BOX is subject to a pilot
period ending on August 16, 2011.\7\ The Exchange hereby seeks to
extend the previously approved pilot period (with the attendant
obligations and conditions) to permit BOX to accept inbound routes of
(1) exchange Direct Orders without checking the NOM book and (2) NOM
non-System securities, including Exchange Direct Orders that NOS routes
from NOM for an additional 30 days, through September 15, 2011. The
Exchange is also seeking permanent approval of the BOX and NOS inbound
routing relationship.\8\
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    \4\ NOM Rule chapter VI, Section 11(c). Under NOM Rule chapter
VI, Section 11(c): (1) NOM routes orders in options via NOS, which
serves as the sole ``routing facility'' of NOM; (2) the sole
function of the routing facility is to route orders in options to
away markets pursuant to NOM rules, solely on behalf of NOM; (3) NOS
is a member of an unaffiliated self-regulatory organization, which
is the designated examining authority for the broker-dealer; (4) the
routing facility is subject to regulation as a facility of the
NASDAQ Exchange, including the requirement to file proposed rule
changes under Section 19 of the Act; (5) use of NOS to route order
to other market centers is optional; (6) NOM must establish and
maintain procedures and internal controls reasonably designed to
adequately restrict the flow of confidential and proprietary
information between the NASDAQ Exchange and its facilities
(including the routing facility), and any other entity; and (7) the
books, records, premises, officers, directors, agents, and employees
of the routing facility, as a facility of the NASDAQ Exchange, shall
be subject at all times to inspection and copying by the NASDAQ
Exchange and the Commission.
    \5\ See Securities Exchange Act Release Nos. 60349 (July 20,
2009), 74 FR 37071 (July 27, 2009) (SR-BX-2009-035); 60354 (July 21,
2009), 74 FR 37074 (July 27, 2009) (SR-NASDAQ-2009-065); 62555 (July
22, 2010), 75 FR 44835 (July 29, 2010) (SR-BX-2010-051); 63364
(November 23, 2010), 75 FR 74121 (November 30, 2010) (SR-BX-2010-
078); 64530 (May 20, 2011), 76 FR 30746 (May 26, 2011) (SR-BX-2011-
027).
    \6\ See chapter XXXIX, Section 2(c) of the Grandfathered Rules
of the Exchange.
    \7\ See Securities Exchange Act Release No. 64530 (May 20,
2011), 76 FR 30746 (May 26,
     2011) (SR-BX-2011-027).
    \8\ See Securities Exchange Act Release No. 64896 (July 15,
2011), 76 FR 30476 (July 21,
     2011) (SR-BX-2011-045).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\9\ in general, and with
Section 6(b)(5) of the Act,\10\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Specifically,
the proposed rule change would permit inbound routing of certain orders
from NOM to BOX through NOS in a manner consistent with prior approvals
and established protections. The Exchange believes that extending the
previously approved pilot period for thirty days is a sufficient length
to permit both the Exchange and the Commission to assess the impact of
the Exchange's authority to permit BOX to receive direct inbound routes
of certain option orders via NOS (including the attendant obligations
and conditions), while the Commission evaluates the pending proposal to
make the pilot permanent.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See supra at note 8.
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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.

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 significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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\12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's 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 this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Exchange believes that the proposed rule change
does not significantly affect the protection of investors or the public
interest because it seeks to extend for a limited period a currently
operating pilot program so as

to allow the Exchange and Commission to assess whether to make the
pilot permanent in accordance with its attendant obligations and
conditions.\14\ The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because such waiver would allow the pilot period to be
extended without undue delay through September 15, 2011 while the
Exchange's proposal to make the pilot permanent is under consideration.
Therefore, the Commission designates the proposal operative upon
filing.\15\
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    \14\ See SR-BX-2011-058, Item 7.
    \15\ 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. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-BX-2011-058 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2011-058. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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; 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-BX-2011-058 and should be
submitted on or before September 16, 2011.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21857 Filed 8-25-11; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

DATE:		May 18, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	May 15, 2015 Presentation for Boston Green Academy Students on Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      On May 15, 2015, Cynthia Greene and Shutsu Wong presented the proposed Clean Power Plan for Existing Power Plants to students during Boston Green Academy's Environmental Justice Youth Forum.          ATTENDEES

Cynthia Greene, EPA Shutsu Wong, EPA

Approximately 25 students attended the presentations.  Attendance was not taken by EPA

Slides are attached.


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47051-47052]
[FR Doc No: 2012-19280]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-89-000]

The Incorporated Village of Port Jefferson v. National Grid
Generation LLC; Notice of Complaint

    Take notice that on July 30, 2012, pursuant to Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure; 18 CFR 385.206 (2011) and 18 CFR 1c, and sections 206,
222, 306

and 309 of the Federal Power Act, The Incorporated Village of Port
Jefferson (Complainant) filed a formal complaint against the National
Grid Generation LLC (Respondent) requesting a Commission investigation
and hearing regarding certain conduct of the Respondent. As more fully
explained in the Complaint, Complainant alleges that the Respondent is
currently perpetrating fraudulent practices and illegally exercising
market power.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed on the Commission's list
of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 20, 2012.

    Dated: July 31, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-19280 Filed 8-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59788-59789]
[FR Doc No: 2022-21386]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-126-000.
    Applicants: BigBeau Solar, LLC, Desert Harvest, LLC, Desert Harvest
II LLC, Milligan 1 Wind LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of BigBeau Solar LLC, et al.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5168.
    Comment Date: 5 p.m. ET 10/17/22.

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

    Docket Numbers: ER22-188-001; ER22-519-000; ER22-472-000;ER22-508-
000; ER22-456-000; ER22-464-000;ER22-353-000; ER22-416-000; ER22-423-
000;ER22-433-000; ER22-521-000; ER22-523-000.
    Applicants: Indra Power Business TX LLC, Indra Power Business VA
LLC, Indra Power Business PA, LLC, Columbia Utilities Power Business
LLC, Indra Power Business NJ, LLC, Indra Power Business MI, LLC, Indra
Power Business MD LLC, Indra Power Business MA LLC, Indra Power
Business IL LLC, Indra Power Business DE LLC, Indra Power Business DC
LLC, Indra Power Business CT, LLC.
    Description: Supplement to September 16, 2022, Notice of Change in
Status of Indra Power Business CT LLC et al.
    Filed Date: 9/23/22.
    Accession Number: 20220923-5216.
    Comment Date: 5 p.m. ET 10/14/22.

    Docket Numbers: ER22-2115-001.
    Applicants: Timber Road Solar Park LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 8/14/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5143.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: ER22-2116-001.
    Applicants: Blue Harvest Solar Park LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 8/14/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5141.
    Comment Date: 5 p.m. ET 10/17/22.
    Docket Numbers: ER22-2190-002.
    Applicants: EDPR CA Solar Park LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 8/24/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5147.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: ER22-2191-002.
    Applicants: EDPR CA Solar Park II LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 8/24/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5149.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: ER22-2192-002.
    Applicants: EDPR Scarlet I LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 8/24/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5153.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: ER22-2933-000.
    Applicants: Nevada Power Company, Sierra Pacific Power Company.
    Description: Sec.  205(d) Rate Filing: Nevada Power Company submits
tariff filing per 35.13(a)(2)(iii: NV Energy OATT Revisions (LGIP &
Schedule 12) to be effective 12/1/2022.
    Filed Date: 9/26/22.
    Accession Number: 20220926-5134.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: ER22-2934-000.
    Applicants: TAQA Gen X LLC.
    Description: Tariff Amendment: Cancellation entire tariff to be
effective 10/1/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5001.
    Comment Date: 5 p.m. ET 10/18/22.

    Docket Numbers: ER22-2935-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: 2022-09-27 SPS-GSEC-NPEC
IA--Wildcat NDP-742-0.0.0 to be effective 11/26/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5020.
    Comment Date: 5 p.m. ET 10/18/22.
    Docket Numbers: ER22-2936-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Origis Holdings USA Subco (Choctaw I Solar) LGIA
Termination Filing to be effective 9/27/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5075.
    Comment Date: 5 p.m. ET 10/18/22.

    Docket Numbers: ER22-2937-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.

    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Origis Holdings USA Subco (Choctaw II Solar) LGIA
Termination Filing to be effective 9/27/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5080.
    Comment Date: 5 p.m. ET 10/18/22.

    Docket Numbers: ER22-2938-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL-DEF Transfer of Affected
System Agreement eTariff Records to be effective 9/28/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5098.
    Comment Date: 5 p.m. ET 10/18/22.

    Docket Numbers: ER22-2939-000.
    Applicants: Gulf Power Company.
    Description: Tariff Amendment: Transfer of Affected System
Agreement eTariff Records and Notice of Cancellation to be effective 9/
28/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5099.
    Comment Date: 5 p.m. ET 10/18/22.

    Docket Numbers: ER22-2940-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL-PowerSouth Transfer of
Affected System Agreement eTariff Records to be effective 9/28/2022.
    Filed Date: 9/27/22.
    Accession Number: 20220927-5100.
    Comment Date: 5 p.m. ET 10/18/22.

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

    Docket Numbers: RR22-4-001.
    Applicants: North American Electric Reliability Corporation.
    Description: Amendment to August 23, 2022 request of NERC for
acceptance of 2023 Business Plans and Budgets of NERC and Regional
Entities and for Approval of Proposed Assessments to Fund Budgets.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5209.
    Comment Date: 5 p.m. ET 10/7/22.

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

    Dated: September 27, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21386 Filed 9-30-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68882-68883]
[DOCID:fr29de09-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61206; File No. SR-NYSEArca-2009-111]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.31
To Establish the ``Market To Limit'' Order Type

December 18, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on December 4, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 7.31 to establish the ``Market
to Limit'' order type. The text of the proposed rule change is attached
as Exhibit 5 to the 19b-4 form and is available on the Commission's Web
site at http://www.sec.gov. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office 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 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
    The purpose of this proposed rule change is to establish a new
order type, the Market to Limit Order (``MTL''). The MTL Order aims to
provide market participants with greater control over the execution
price of an order.
    An MTL Order is an un-priced order that, upon receipt by the NYSE
Arca matching engine, is immediately assigned a limit price equal to
the contra National Best Bid Offer (``NBBO'') price. Buy MTL Orders are
converted to buy orders with a limit price equal to the National Best
Offer. Sell MTL Orders are converted to sell orders with a limit price
equal to the National Best Bid. If there is no contra NBBO at the time
of entry, the order will be rejected. The order will also be rejected
if the market is closed, the symbol is closed or halted, or the MTL
Order is received outside of the Core Trading Session.
    After the MTL Order is received by the NYSE Arca matching engine
and assigned a limit price it will be behave exactly like a Limit Order
as defined by NYSE Arca Equities Rule 7.31(b). The MTL Order will also
follow the same standard execution, routing, ranking and display logic
that a Limit Order follows pursuant to NYSE Arca Equities Rules 7.36
and 7.37.
    The MTL Order combines two existing order types, the Market Order
and the Limit Order into one new order type that aims to provide market
participants with benefits from both existing order types. The Exchange
plans to introduce the MTL Order in conjunction with the completion of
the Universal Trading Platform (``UTP'') rollout, currently scheduled
to be completed in mid-December.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act,\3\ in that
it is designed to promote just and equitable principles of trade,
remove impediments to and perfect the mechanisms of a free and open
market and a national market system and, in general, to protect
investors and the public interest, by providing investors with an
additional order type that allows greater control in

managing the circumstances in which their orders are executed.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6) thereunder.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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-NYSEArca-2009-111 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-111. 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 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-NYSEArca-2009-111 and should be submitted on or before
January 19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30780 Filed 12-28-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34441-34443]
[FR Doc No: 2014-14029]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0245; FRL-9912-22-Region-3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Delaware's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Delaware State Implementation
Plan (SIP). These amendments will bring Delaware's ambient air quality
standards for sulfur dioxide (SO2), ozone, nitrogen dioxide
(NO2), lead, and particulate matter (PM) up to date with
current Federal requirements. EPA is approving these SIP revisions in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 18, 2014without further notice,
unless EPA receives adverse written comment by July 17, 2014. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0245 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0245, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0245. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 17, 2014, the State of Delaware submitted a formal SIP
revision amending 7 Del. Admin. Code 1103, ``Ambient Air Quality
Standards.'' These amendments will bring the regulatory standards for
SO2, ozone, NO2, lead, and PM up to date with
current Federal requirements.

    The CAA specifies that EPA must reevaluate the appropriateness of
each of the national ambient air quality standards (NAAQS) every five
years. As part of the process, EPA reviewed the latest health-based
research and determined that several NAAQS revisions were necessary to
protect public health and welfare.
    EPA revised the 8-hour ozone primary and secondary standards to a
level of 0.075 parts per million (ppm) to provide increased protection
for children and other at-risk populations against an array of ozone-
related adverse health effects. These standards are based on the 3-year
average of the annual fourth-highest daily maximum 8-hour
concentration. EPA promulgated these NAAQS for ozone on March 27, 2008
(73 FR 16436).
    EPA revised the primary lead standard to 0.15 micrograms per cubic
meter ([micro]g/m\3\) to improve health protection for at-risk groups,
especially children. The secondary standard was also revised to 0.15
[micro]g/m\3\ to afford increased protection for the environment. EPA
promulgated these primary and secondary NAAQS for lead on November 12,
2008 (73 FR 66964).
    EPA established the primary 1-hour SO2 NAAQS at a level
of 75 parts per billion (ppb), based on the 3-year average of the
annual 99th percentile of 1-hour daily maximum concentrations on June
22, 2010 (75 FR 35520). This revised standard will improve public
health protection, especially for children, the elderly, and people
with asthma. EPA is retaining the current secondary 3-hour
SO2 NAAQS of 0.5 ppm.
    EPA established the 1-hour NO2 NAAQS at a level of 100
ppb, based on the 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations, on February 9,
2010 (75 FR 6474). EPA is retaining the current primary and secondary
annual average NO2 NAAQS of 53 ppb.
    With regard to the primary (health-based) standards for fine
particulate matter (PM2.5), EPA revised the annual
PM2.5 standard by lowering the level to 12.0 [mu]g/m\3\ and
retaining the 24-hour PM2.5 standard at a level of 35 [mu]g/
m\3\, on January 15, 2013 (78 FR 3086). EPA also retained the existing
24-hour coarse particle (PM10) primary and secondary
standards set at a level of 150 [mu]g/m\3\.

II. Summary of SIP Revision

    The SIP revision submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC) on February 17, 2014,
consists of amendments to 7 Del Admin. Code 1103, which includes the
revised ambient air quality standards for SO2, ozone,
NO2, lead, and PM. The SIP revision is consistent with the
current NAAQS. The SIP revision also includes amendments to the
definitions of primary and secondary air quality standards. In
addition, the SIP revision includes updated test methods and emission
standards in order to be up to date with current Federal requirements.

III. Final Action

    EPA is approving the SIP revision pertaining to the amendments of
Delaware's ambient air quality standards since the SIP revision is
consistent with the NAAQS. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on August 18,
2014 without further notice unless EPA receives adverse comment by July
17, 2014. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. 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.

IV. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 18, 2014. 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 action.
    This action, pertaining to the amendments of Delaware's ambient air
quality standards, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur
oxides, Volatile organic compounds.

    Dated: June 2, 2014.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended under 7
DNREC, Code 1103 by revising entries for Sections 1.0, 4.0, 6.0, 8.0.
10.0, and 11.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
   State regulation (7 DNREC                            State
             1100)                Title/Subject    effective date  EPA Approval date    Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                       1103 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1.0...................  General                  01/11/14  06/17/14 [Insert   Revised sections.
                                 Provisions.                        page number
                                                                    where the
                                                                    document begins].

                                                  * * * * * * *
Section 4.0...................  Sulfur Dioxide...        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].

                                                  * * * * * * *
Section 6.0...................  Ozone............        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 8.0...................  Nitrogen Dioxide.        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 10.0..................  Lead.............        01/11/14  06/17/14 [Insert   Revised sections.
                                                                    page number
                                                                    where the
                                                                    document begins].
Section 11.0..................  PM10 and PM2.5           01/11/14  06/17/14 [Insert   Revised sections.
                                 Particulates.                      page number
                                                                    where the
                                                                    document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-14029 Filed 6-16-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Proposed Rules]
[Pages 59834-59836]
[FR Doc No: 2023-18705]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0477; FRL-9848-01-R5]

Air Plan Approval; Indiana; Volatile Organic Compounds; Cold
Cleaner Degreasing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the volatile organic compound (VOC) rules
contained in the Indiana State Implementation Plan (SIP). Indiana
modified its rules to provide an additional option for compliance with
the volatile organic compound (VOC) vapor pressure limit for solvents
used in cold cleaning degreasing operations. In addition, rule language
was updated for clarity and consistency.

DATES: Comments must be received on or before September 29, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0477 at https://www.regulations.gov, or via email to
[email protected]. 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, 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. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected]. The EPA Region 5
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On July 14, 2021, Indiana submitted a request to revise the VOC
rules in its SIP. The revisions are to the 326 Indiana Administrative
Code (IAC) Article 8 Volatile Organic Compound rules. Indiana submitted
revisions to the following: 326 IAC 8-3-1, ``Applicability and
exemptions''; 326 IAC 8-3-2, ``Cold cleaner degreaser control equipment
and operating requirements''; 326 IAC 8-3-3, ``Open top vapor degreaser
operation''; 326 IAC 8-3-4, ``Conveyorized degreaser control equipment
and operating requirements''; and 326 IAC 8-3-8, ``Material
requirements for cold cleaner degreasers''.
    Indiana's July 14, 2021, submission, included a previous version of
326 IAC 8-3-1, effective on June 9, 2021. EPA found concerns with that
version of 326 IAC 8-3-1(a)(1) as it added qualifying language so that
the rules would only apply to sources ``with the potential to emit VOC
emissions of greater than or equal to fifteen (15) pounds per day.''
This would constitute a relaxation of the Clean Air Act (CAA)
requirement for VOC reasonably available control technology.\1\
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    \1\ EPA has made it clear that general exemptions for small cold
cleaner degreasing operations are not allowed. See Memorandum from
Richard Rhoads, EPA OAQPS, to Director, Air and Hazardous Materials
Division, Regions I to X, Clarification of Degreasing Regulation
Requirements, September 7, 1978. See 2-24, Solvent Metal Cleaning,
in the ``Issues Relating to VOC Regulation Cut Points, Deficiencies,
And Deviations'' guidance, as revised on January 11, 1990.
---------------------------------------------------------------------------

    On January 23, 2023, Indiana submitted a revised version of 326 IAC
8-3-1, effective January 4, 2023, which removed the exemption language
from 326 IAC 8-3-1(a)(1).
    Indiana's current SIP VOC rules require sources operating cold
cleaning degreasers to, among other things, use low vapor pressure
solvent, not to exceed 1 millimeter of mercury (mm Hg) at 20 degrees
Celsius, for cleaning or degreasing machine parts. These low vapor
pressure solvents do not work well for some industries. These rules
also allow sources to operate control systems that demonstrate
equivalent or better emissions control with approval from both Indiana
and EPA.
    Indiana revised the control requirements for sources that use a
solvent with a vapor pressure exceeding 1 mm Hg in 326 IAC 8-3-3, 326
IAC 8-3-4, and 326 IAC 8-3-8. The revised rules require VOC emission
control with a capture efficiency of at least 90 percent. The control
device must also either have at least a 90 percent destruction
efficiency or have a VOC emission outlet concentration of less than 50
parts per million by volume. Indiana's rules also require compliance
procedures. The changes replace the previously approved provision
allowing an alternate VOC emission control system with approval of both
Indiana and EPA in 326 IAC 8-3-3 and 326 IAC 8-3-4. This VOC control
system requirement is an additional option in 326 IAC 8-3-8.
    Indiana noted that, for some companies, the use of low vapor
pressure solvents under 1 mm Hg results in poor performance and solvent
contamination. Such sources cannot recycle the solvent because of the
potential contamination. Such sources will thus often hand-clean
machine parts, which results in all the solvent evaporating and thus
being emitted into the air. Indiana further noted that hand-cleaning
also produces a large amount of material that usually must be managed
as hazardous waste, as the rags are contaminated with solvent and ink.
Instead, the revised rules set parameters for control systems that
specify standard VOC capture and control requirements for all users,
which are expected to reduce the amount of solvent used and the amount
of hazardous waste generated.

II. What is EPA's analysis of the VOC rule revisions?

    EPA considered the revisions in the latest version of 326 IAC 8-3-1
along with previously submitted revisions to 326 IAC 8-3-2, 326 IAC 8-
3-3, 326 IAC 8-3-4, and 326 IAC 8-3-8 for approval into the Indiana
SIP.
    EPA finds it reasonable to replace the provision that allows
sources to submit a source-specific alternate for SIP approval with the
VOC control requirements added to 326 IAC 8-3-3, 326 IAC 8-3-4, and 326
IAC 8-3-8. The result is that cold cleaner degreasing operations
electing to use solvents with a vapor pressure exceeding 1 mm Hg will
all have the same VOC control requirement. EPA finds that Indiana's
revisions to 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC
8-3-8 are consistent with EPA guidance. Therefore, EPA is proposing to
approve these VOC rule revisions.
    Indiana revised several portions of 326 IAC 8-3-2, which provides
the general requirements for its ``Cold cleaner degreaser control
equipment and operating requirements.'' Indiana revised 326 IAC 8-3-
2(b)(1)(E) to allow a control system that is approved by Indiana and
EPA to use the VOC emission control equipment required by 326 IAC 8-3-
8(b)(3). Indiana also added the requirement that solvent spray must be
performed in an enclosed chamber to 326 IAC 8-3-2(b)(3). The addition
of an enclosed chamber is expected to capture more VOC emissions that
can be exhausted to the control device.
    Indiana made administrative changes to 326 IAC 8-3-1 \2\ after
removing the qualifying language that caused a concern. Further,
Indiana made administrative revisions to 326 IAC 8-3-2, such as
changing ``ensure'' to ``comply with,'' ``could'' to ``would,'' and
renumbering subsections. Indiana made additional administrative
revisions to the following, to make them consistent with its revised
control requirements: 326 IAC 8-3-3, ``Open top vapor degreaser
operation'', 326 IAC 8-3-4, ``Conveyorized degreaser control equipment
and operating requirements'', and 326 IAC 8-3-8, ``Material
requirements for cold cleaner degreasers.'' These administrative
revisions do not change the intent or stringency of the rule.
---------------------------------------------------------------------------

    \2\ The version of 326 IAC 8-3-1 effective on January 4, 2023.
---------------------------------------------------------------------------

    EPA evaluated the revisions under CAA 110(l) to determine whether
the revisions would be expected to interfere with attainment and
reasonable further progress of air quality standards. Indiana added
control requirements for cold cleaning degreasing operations that use a
solvent with a vapor pressure exceeding 1 mm Hg. As Indiana noted, many
such sources would have additional VOC emissions from solvent
contamination and hand cleaning of parts if required to instead use a
solvent with a vapor pressure not exceeding 1 mm Hg. Indiana also
removed the 15 pounds VOC per day exemption. Thus, under the revised
rules all sources are now required to limit VOC emissions and a control
device is now also required for certain sources. EPA expects the same
or better VOC control from cold cleaning degreasing operations under
the revised rules. The emission limits of criteria pollutants remain
unchanged. EPA does not find any reason to expect interference with
attainment of any air quality standard.

III. What action is EPA taking?

    EPA is proposing to approve Indiana's VOC control rule sections 326
IAC 8-3-1, 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC 8-
3-8 as revisions to the Indiana SIP.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Title 326 of the Indiana Administrative Code Article 8, Rule
3, Section 1 Applicability and exemptions, effective January 4, 2023;
Section 2 Cold cleaner degreaser control equipment and operating
requirements, effective June 9, 2021; Section 3 Open top vapor
degreaser operation, effective June 9, 2021; Section 4 Conveyorized
degreaser control equipment and operating requirements, effective June
9, 2021; and Section 8 Material requirements for cold cleaner
degreasers, effective June 9, 2021, discussed in section II. of this
preamble. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 5
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), 13563 (76 FR 3821, January 21, 2011), and
14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    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).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,

national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Indiana did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: August 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-18705 Filed 8-29-23; 8:45 am]
BILLING CODE 6560-50-P