[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6467-6471]
[FR Doc No: 2012-2731]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0084-201167(a); FRL-9628-2]

Approval and Promulgation of Implementation Plans; Alabama,
Georgia, and Tennessee: Chattanooga; Particulate Matter 2002 Base Year
Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the fine
particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revisions
submitted by the States of Alabama on July 31, 2009, Georgia on October
27, 2009, and Tennessee on October 15, 2009. The emissions inventory is
part of the tri-state Chattanooga, Alabama-Georgia-Tennessee,
(hereafter referred to as ``the Chattanooga Area'' or ``Area''),
PM2.5 attainment demonstrations that were submitted for the
1997 annual PM2.5 National Ambient Air Quality Standards
(NAAQS). This action is being taken pursuant to section 110 of the
Clean Air Act (CAA).

DATES: This direct final rule is effective April 9, 2012 without
further notice, unless EPA receives adverse comment by March 9, 2012.
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 No. EPA-R04-
OAR-2011-0084, 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: ``EPA-R04-OAR-2011-0084,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0084. 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    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 at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Analysis of State Submittals
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. On January 5, 2005 (70 FR 944), EPA published its air
quality designations and classifications for the 1997 annual
PM2.5 NAAQS based upon air quality monitoring data for
calendar years 2001-2003. These designations became effective on April
5, 2005. The Chattanooga Area (which is comprised of a portion of
Jackson County in Alabama, Catoosa and Walker Counties in Georgia and
Hamilton County in Tennessee) was designated nonattainment for the 1997
annual PM2.5 NAAQS. See 40 CFR 81.311.
    Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title 1, part D of the
CAA. This SIP must include, among other elements, a demonstration of
how the NAAQS will be attained in the nonattainment area as
expeditiously as practicable but no later than the date required by the
CAA. Under CAA section 172(b), a state has up to three years after an
area's designation as nonattainment to submit its SIP to EPA. For the
1997 PM2.5 NAAQS, these SIPs were due April 5, 2008. See 40
CFR 51.1002(a).
    On July 31, 2009, October 27, 2009, and October 15, 2009, Alabama,
Georgia and Tennessee (respectively) submitted attainment
demonstrations and associated reasonably available control measures
(RACM), reasonable further progress (RFP) plans, contingency measures,
a 2002 base year emissions inventory and other planning SIP revisions
related to attainment of the 1997 annual PM2.5 NAAQS in the
Chattanooga Area. On May 31, 2011 (76 FR 31239), EPA determined that
the Chattanooga Area attained the 1997 annual average PM2.5
NAAQS. The determination of attainment was based upon complete,
quality-assured and certified ambient air monitoring data for the 2007-
2009 period, showing that the Area had monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
    On June 29, 2011, Georgia withdrew \1\ its Chattanooga attainment
plan as allowed by 40 CFR 51.1004(c); however, such withdrawal does not
suspend the emissions inventory requirement found in CAA section
172(c)(3). Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions. EPA is now approving the emissions inventory portion of the
SIP revisions submitted on July 31, 2009, October 27, 2009 and October
15, 2009, by Alabama, Georgia and Tennessee (respectively), as required
by section 172(c)(3).
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    \1\ Per phone conversation between Lynorae Benjamin (EPA Region
4) and Jimmy Johnson (Georgia Department of Natural Resources) on
October 17, 2011, the withdrawal notice did not include the
emissions inventory portion of the submittal.
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II. Analysis of State Submittals

    As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive, accurate and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Alabama,

Georgia and Tennessee selected 2002 as base year for their emissions
inventory per 40 CFR 51.1008(b). Emissions contained in the Chattanooga
emissions inventory cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. A detailed discussion of the emissions inventory
development can be found in Section 4 of the Alabama submittal,
Appendix H of the Georgia submittal, and Appendix 4 of the Tennessee
submittal. A summary is also provided below.
    The tables below provide a summary of the annual 2002 emissions of
nitrogen oxides (NOX), sulfur dioxide (SO2) and
PM2.5.

     Table 1--2002 Annual Emissions for the Chattanooga Area (tons)
------------------------------------------------------------------------
                                              Point sources
            County             -----------------------------------------
                                     NOX           SO2          PM2.5
------------------------------------------------------------------------
Jackson, AL (partial).........       26,337        44,080           933
Catoosa, GA...................            0             0             0
Walker, GA....................         45.7         203.1           1.7
Hamilton, TN..................        2,856         1,721           567
�������������������������������
                                     Non-road sources
                               -----------------------------------------
Jackson, AL (partial).........           14             5             1
Catoosa, GA...................        671.4          50.8          37.4
Walker, GA....................        269.1            21          19.2
Hamilton, TN..................        6,428           539           292
�������������������������������
                                       Area sources
                               -----------------------------------------
Jackson, AL (partial).........            3            17            12
Catoosa, GA...................        165.4         272.8         688.7
Walker, GA....................        417.4         763.9       1,040.6
Hamilton, TN..................          639           507         1,000
�������������������������������
                                      Mobile sources
                               -----------------------------------------
Jackson, AL (partial).........            7             6             0
Catoosa, GA...................      2,377.1          92.1          37.2
Walker, GA....................      1,698.7          71.1          29.3
Hamilton, TN..................       11,610           461           183
------------------------------------------------------------------------

    The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, nonroad mobile and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also are used in the attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in each State's attainment SIPs for this
Area. The 2002 emissions inventory was based on data developed with the
Visibility Improvement State and Tribal Association of the Southeast
(VISTAS) contractors and submitted by the States to the 2002 National
Emissions Inventory. Several iterations of the 2002 inventories were
developed for the different emissions source categories resulting from
revisions and updates to the data. This resulted in the use of version
G2 of the updated data to represent the point sources' emissions. Data
from many databases, studies and models (e.g., Vehicle Miles Traveled,
fuel programs, the NONROAD 2002 model data for commercial marine
vessels, locomotives and Clean Air Market Division, etc.) resulted in
the inventory submitted in these SIPs. The data were developed
according to current EPA emissions inventory guidance ``Emissions
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations'' (August 2005) and a quality assurance project plan that
was developed through VISTAS and approved by EPA. EPA agrees that the
process used to develop these inventories was adequate to meet the
requirements of CAA 172(c)(3) and the implementing regulations.
    EPA has reviewed the emissions inventories from Alabama, Georgia
and Tennessee, and finds that they are adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement for the 1997
annual PM2.5 standard. The emissions inventories are
approvable because the emissions were developed consistent with the
CAA, implementing regulations and EPA guidance for emission
inventories.

III. Final Action

    EPA is approving the 2002 base year emissions inventory portion of
the SIP revisions submitted by: the State of Alabama on July 31, 2009,
the State of Georgia on October 27, 2009 and the State of Tennessee on
October 15, 2009. This action is being taken pursuant to section 110 of
the CAA. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal 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
adverse comments be filed. This rule will be effective April 9, 2012
without further notice unless the Agency receives adverse comments by
March 9, 2012.
    If EPA receives such comments, then EPA will publish a document
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. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 9, 2012 and no
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 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.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 9, 2012. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements and Sulfur oxides.

    Dated: January 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 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 B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry for ``Chattanooga;
Fine Particulate Matter 2002 Base Year Emissions Inventory'' at the end
of the table to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                      Applicable
    Name of nonregulatory SIP       geographic or     State submittal
            provision               nonattainment      date/effective     EPA approval date       Explanation
                                         area               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chattanooga; Fine Particulate     Jackson County...            7/31/09  2/8/12 [Insert
 Matter 2002 Base Year Emissions                                         citation of
 Inventory.                                                              publication].
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Subpart L--Georgia

0
2. Section 52.570(e), is amended by adding a new entry 29 to read as
follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-regulatory Provisions
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                                                           State submittal
    Name of nonregulatory SIP      Applicable geographic    date/effective            EPA approval date
            provision              or nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
29. Chattanooga; Fine             Catoosa and Walker               10/27/09  2/8/12 [Insert citation of
 Particulate Matter 2002 Base      Counties.                                  publication].
 Year Emissions Inventory.
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Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry for
``Chattanooga; Fine Particulate Matter 2002 Base Year Emissions
Inventory'' at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP      Applicable geographic   State effective
            provision              or nonattainment area         date        EPA approval date     Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chattanooga; Fine Particulate     Hamilton County.......           10/15/09  2/8/12 [Insert
 Matter 2002 Base Year Emissions                                              citation of
 Inventory.                                                                   publication].
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[FR Doc. 2012-2731 Filed 2-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Rules and Regulations]
[Pages 56946-56948]
[FR Doc No: 2019-23130]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0082; FRL-10001-46-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Philadelphia County Reasonably Available Control
Technology for the 2008 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the City of
Philadelphia, Department of Public Health, Air Management Services
(AMS) for the purpose of satisfying the volatile organic compound (VOC)
reasonably available control technology (RACT) requirements for source
categories covered by control technique guidelines (CTGs) under the
2008 8-hour ozone national ambient air quality standard (NAAQS). EPA is
approving these revisions addressing the VOC CTG RACT requirements set
forth by the Clean Air Act (CAA) for the 2008 8-hour ozone NAAQS for
Philadelphia County in accordance with the requirements of the CAA.

DATES: This final rule is effective on November 25, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0082. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Ms. Gaige can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 27, 2019 (84 FR 44798), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP revision addressing the VOC CTG
RACT requirements set forth by the CAA for the 2008 8-hour ozone NAAQS
for Philadelphia County (the 2018 VOC CTG RACT Submission for
Philadelphia County). The formal SIP revision was submitted by
Pennsylvania on behalf of Philadelphia County on August 13, 2018.

II. Summary of SIP Revision and EPA Analysis

    On August 13, 2018, PADEP submitted a SIP revision for Philadelphia
County to address the VOC CTG RACT requirements set forth by the CAA
for the 2008 8-hour ozone NAAQS. Specifically, the 2018 VOC CTG RACT
Submission for Philadelphia County includes: (1) A certification that
for certain categories of sources, previously-adopted VOC RACT controls
in the Philadelphia County portion of Pennsylvania's SIP that were
approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS
continue to be based on the currently available technically and
economically feasible controls, and continue to represent RACT for
implementation of the 2008 8-hour ozone NAAQS; and (2) a negative
declaration that certain CTG sources of VOC do not exist in
Philadelphia County, PA. This SIP revision does not cover non-CTG
sources in Philadelphia County. PADEP will address RACT for major
sources of NOX and for major non-CTG VOC sources for
Philadelphia County in another SIP submission.
    Philadelphia County's Regulations, under Philadelphia County AMR V
Sections II, III, IV, V, XI, XII, XIII, XV, XVI, and 25 Pa. Code
Sections 129.52, 129.52a, 129.52b, 129.52d, 129.52e, 129 .55, 129.56,
129.57, 129.58, 129.59, 129.60, 129.62, 129.63, 129.63a, 129.64,
129.67, 129.67a, 129.67b, 129.68, 129.69, 129.71, 129.73, 129.74,
129.77, 129.101-129.107, and 130.701-130.704, contain the VOC CTG RACT
controls that were implemented and approved into Pennsylvania's SIP
under the 1-hour and 1997 8-hour ozone NAAQS. PADEP is certifying that
these regulations, all previously approved by EPA into the SIP,
continue to meet the RACT requirements for the 2008 8-hour ozone NAAQS
for CTG-covered sources of VOCs in Philadelphia County, PA. PADEP also
submitted a negative declaration for the CTGs that have not been
adopted because Philadelphia County does not contain the affected
source categories. More detailed information on these provisions as
well as a detailed summary of EPA's review can be found in the
Technical Support Document (TSD) for this action which is available on
line at https://www.regulations.gov, Docket number EPA-R03-OAR-2019-
0082.
    An explanation of the Clean Air Act requirements, a detailed
analysis of the

revisions, and EPA's reasons for proposing approval were provided in
the NPRM and will not be restated here. No public comments were
received on the NPRM.

III. Final Action

    EPA is approving the Pennsylvania's 2018 VOC CTG RACT Submission
for Philadelphia County on the basis that it demonstrates that existing
regulations in the Philadelphia County portion of Pennsylvania's SIP
represent RACT for the purposes of compliance with the 2008 8-hour
ozone standard for all stationary sources of VOCs covered by a CTG
issued prior to July 20, 2014.

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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 December 23, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the 2018 VOC CTG RACT Submission for
Philadelphia County 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: October 11, 2019.
Cosmo Servidio,
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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the Philadelphia County, Pennsylvania 2008 8-hour Ozone
National Ambient Air Quality Standard Reasonably Available Control
Technology at the end of the table to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State
  Name of non-regulatory  SIP        Applicable         submittal     EPA approval date   Additional explanation
            revision              geographic  area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-hour Ozone National       Philadelphia              08/13/18  10/24/2019,         This action pertains to
 Ambient Air Quality Standard     County.                             [Insert Federal     sources covered by
 Reasonably Available Control                                         Register            CTGs issued prior to
 Technology Standard.                                                 citation].          July 20, 2014.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-23130 Filed 10-23-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96074-96076]
[FR Doc No: 2016-31492]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79670; File No. SR-IEX-2016-22]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Retention of Jurisdiction Over Members and Persons Associated with
Members Upon Termination, Revocation, or Cancellation of Membership or
Association Thereof

December 22, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 16, 2016, the Investors Exchange LLC (``IEX''
or the ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Securities and Exchange Commission (``Commission'') a proposed rule
change to amend Rule 2.230, which is currently reserved, to specify the
circumstances under which the Exchange retains disciplinary
jurisdiction over a Member or persons associated with a Member upon
termination, revocation, or cancellation of membership or association
thereof. The Exchange has designated this proposal as ``non-
controversial'' and provided the Commission with the notice required by
Rule 19b-4(f)(6)(iii) under the Act.\6\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the
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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    IEX proposes to amend Rule 2.230, which is currently reserved, to
specify the circumstances under which the Exchange retains disciplinary
jurisdiction over a Member or persons associated with a Member upon
termination, revocation or cancellation of membership or association
thereof. As a national securities exchange and self-regulatory
organization (``SRO''), IEX is subject to several provisions of the Act
with respect to rule enforcement and discipline of Members and persons
associated with Members. First, Section 6(b)(1) \7\ of the Act requires
the Exchange to enforce compliance by its members and persons
associated with its members with applicable provisions of the Act, the
rules and regulations thereunder and Exchange rules. In addition,
Section 6(b)(6) \8\ of the Act requires that IEX rules must provide
that its members and persons associated with its members shall be
appropriately disciplined for such violations of applicable provisions
of the Act, the rules and regulations thereunder and Exchange rules
(i.e., rule violations). And finally, Section 6(b)(7) \9\ of the Act
provides that IEX rules must provide a fair procedure for the
disciplining of

members and persons associated with members for rule violations.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(1).
    \8\ 15 U.S.C. 78f(b)(6).
    \9\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

    In furtherance of these obligations, IEX has retained FINRA,
pursuant to a regulatory services agreement (``RSA'') and subject to
IEX oversight, to perform certain regulatory functions on behalf of
IEX, including surveillance and examination of trading activity on IEX
to identify rule violations, and related investigations of and
disciplinary actions against IEX members and persons associated with
members for any such rule violations. Investigations and disciplinary
actions are conducted in accordance with Chapters 8 and 9 of the IEX
Rules. Chapter 8 contains provisions related to investigations and
sanctions, that require, among other things, that a Member, person
associated with a Member or any other person subject to IEX's
jurisdiction provide information or testimony or permit an inspection
and copying of books, records, or accounts to the Exchange upon
request.\10\ Rule 8.310 provides for the imposition of sanctions,\11\
after compliance with Chapter 9 of IEX Rules, on a Member or person
associated with a Member for rule violations, as well as for any
neglect or refusal to comply with an order, direction, or decision
issued under the IEX Rules. Chapter 9 of the IEX Rules contains the
Code of Procedure and includes proceedings for, among other things,
disciplining a Member or person associated with a Member.
---------------------------------------------------------------------------

    \10\ See Rule 8.210.
    \11\ Specified sanctions include censure, fine, membership
suspension or expulsion, cease and desist order, or other fitting
sanction.
---------------------------------------------------------------------------

    IEX Rule 2.190 governs a member's right to voluntarily terminate
its IEX membership. The rule provides that a termination shall not take
effect until 30 days after certain specified conditions have been
satisfied, including: any Exchange investigation or disciplinary action
brought against the Member has reached a final disposition and any
examination by the Exchange of such Member is completed and all
exceptions noted have been reasonably resolved.\12\ These provisions
are designed to assure that FINRA, on IEX's behalf, can complete and
resolve or finalize a pending regulatory matter involving a Member that
is open at the time a Member seeks to terminate its membership and thus
that a Member cannot terminate its membership to avoid a regulatory or
disciplinary matter.
---------------------------------------------------------------------------

    \12\ Rule 2.190 provides that the Exchange Board may declare a
resignation effective at an earlier time.
---------------------------------------------------------------------------

    However, IEX Rule 2.190 does not fully address the possibility that
FINRA, on behalf of the Exchange, may need to conduct an investigation
and/or initiate a disciplinary action with respect to a former Member
or person associated with a Member for rule violations that occurred
prior to termination of membership or association thereof, but were not
known to FINRA at that time. Accordingly, IEX proposes to amend Rule
2.230 to add a retention of jurisdiction provision. Specifically, Rule
2.230(a) would provide that an IEX Member whose membership is revoked,
terminated or cancelled shall continue to be subject to the filing of a
complaint under IEX rules based upon conduct which commenced prior to
the effective date of the revocation, termination or cancellation. Any
such complaint, however, shall be filed within two years after the
effective date of revocation, termination or cancellation. Proposed
Rule 2.230(b) applies to persons associated with a Member and provides
that a person whose association with a Member has been revoked,
terminated or cancelled and who is no longer associated with any Member
shall continue to be subject to the filing of a complaint under IEX
rules based upon conduct that commenced prior to the termination,
revocation or cancellation or upon such person's failure, while subject
to IEX's jurisdiction to provide information requested by IEX pursuant
to IEX rules. Any such complaint must be filed within: two years after
the effective date of termination of registration with IEX pursuant to
Rule 2.160(r)(1), provided however that any amendment to a notice of
termination filed pursuant to Rule 2.160(r)(2) that is filed within two
years of the original notice that discloses that such person may have
engaged in conduct actionable under any applicable statute, rule, or
regulation shall operate to recommence the running of the two-year
period under this subsection; two years after the effective date of
revocation or cancellation of registration pursuant to IEX rules; or in
the case of an unregistered person, two years after the date upon which
such person ceased to be associated with the member. This proposed rule
change is substantially similar to Article IV, Section 6 of the FINRA
By-Laws with respect to members and Article V, Section 4 with respect
to persons associated with a member.\13\
---------------------------------------------------------------------------

    \13\ There are minor differences related to terminology. In
addition, provisions substantially similar to Article V, Section
4(b) of the FINRA By-Laws related to failure to comply with an
arbitration award are contained in IEX Rule 9.554(a).
---------------------------------------------------------------------------

2. Statutory Basis

    IEX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\14\ in general and furthers the
objectives of Section 6(b)(1) \15\ of the Act in that it is designed to
enable the Exchange to enforce compliance by its members and persons
associated with its members with applicable provisions of the Act, the
rules and regulations thereunder and Exchange rules. In addition, the
Exchange believes that the proposed rule change is consistent with
Section 6(b)(6) \16\ of the Act in that it is designed to provide
authority to the Exchange to appropriately discipline former members
and persons associated with its members for such rule violations that
occurred during membership or association with a member. Further, the
Exchange believes that the proposed rule change is consistent with
Section 6(b)(7) \17\ of the Act because it would support a fair
procedure for the disciplining of members and persons associated with
members for rule violations. Specifically, IEX believes that it is
appropriate to retain jurisdiction over members and persons associated
with members for a reasonable period of time for rule violations that
occurred while the firm was a Member or an individual was associated
with a member. IEX believes that two years is reasonable in that it
provides adequate time for FINRA, on its behalf, to file a complaint
without subjecting former members and persons formerly associated with
members to an excessively long period of time to learn of a
disciplinary matter. The Exchange notes that FINRA, New York Stock
Exchange (``NYSE'') and the Nasdaq Stock Market LLC (``Nasdaq'') also
provide a two-year retention of jurisdiction period.\18\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(1).
    \16\ 15 U.S.C. 78f(b)(6).
    \17\ 15 U.S.C. 78f(b)(7).
    \18\ See Article IV, Section 6 of the FINRA By-Laws, NYSE Rule
8130, and Nasdaq Rule 1031(f).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed rule
change is not designed to address any competitive issues but rather to
provide for appropriate retention of jurisdiction of former members and
persons associated with a member.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \19\ of the Act and Rule 19b-4(f)(6) \20\
thereunder. Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay as the proposed
implementation of the two-year retention of jurisdiction is consistent
with the rules of other SROs and will enable the Exchange to
immediately retain jurisdiction over a register representative who may
have been engaged in unlawful activity. Based on the foregoing, the
Commission believes that it is consistent with the protection of
investors and the public interest to waive the 30-day operative date so
that the proposal may take effect upon filing.\23\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \24\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2016-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2016-22. This file
number should be included in the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the IEX's principal office and on its
Internet Web site at www.iextrading.com. 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-IEX-2016-22 and should be submitted on
or before January 19, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-31492 Filed 12-28-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Page 30927]
[FR Doc No: 2021-12201]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP21-889-000]

Tucson Electric Power Company and UNS Gas, Inc. v. El Paso
Natural Gas Company, LLC; Notice of Complaint

    Take notice that on June 2, 2021, pursuant to Section 5 of the
Natural Gas Act \1\ and Rule 206 of the Federal Energy Regulatory
Commission's (Commission) Rules of Practice and Procedure, 18 CFR
385.206 (2021), Tucson Electric Power Company and UNS Gas, Inc.
(Complainants) filed a formal complaint against El Paso Natural Gas
Company, LLC (Respondent), alleging that the Respondent's failure to
waive and imposition of Critical Operating Condition charges and
penalties for the period February 15, 2021 through February 17, 2021 is
unjust and unreasonable, unreasonably punitive, and inconsistent with
Commission policy and precedent, all as more fully explained in its
complaint.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717d.
---------------------------------------------------------------------------

    The Complainants certify that copies of the complaint were served
on the contacts listed for Respondent in 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 Complainant.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 22, 2021.

    Dated: June 4, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-12201 Filed 6-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Notices]
[Page 13429]
[DOCID:fr27mr09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-615-038; ER08-1113-000]

California Independent System Operator Corporation; Notice
Regarding Answer Period

March 23, 2009.
    On March 18, 2009, Modesto Irrigation District, Transmission Agency
of Northern California, City of Redding, California, Sacramento
Municipal Utility District, and the Turlock Irrigation District
(Affected IBAA Entities) filed an Emergency Motion for Clarification
and Requested for Shortened Response Time in the above-referenced
proceeding. In their filing, the Affected IBAA Entities request a
shortening of the date for filing a response to the motion, given the
urgency of the clarification request. By this notice, the date for
filing answers to the Affected IBAA Entities' motion for clarification
shall be March 24, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6873 Filed 3-26-09; 8:45 am]