[Federal Register: January 27, 2009 (Volume 74, Number 16)]
[Notices]
[Page 4744-4745]
[DOCID:fr27ja09-21]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2008-0926; FRL-8767-8]

Board of Scientific Counselors, Science and Technology for
Sustainability Mid-Cycle Subcommittee Meetings--Winter 2009

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a meeting of the Board of Scientific
Counselors (BOSC) Science and Technology for Sustainability
Subcommittee.

DATES: The first meeting (teleconference call) will be held on
Thursday, February 12, 2009, from 8 p.m. to 10 p.m. Eastern Standard
Time (EST). The second meeting (face-to-face) will be held on Thursday,
March 12, 2009, from 9 a.m. to 4 p.m. EST. Meetings may adjourn early
if all business is finished. Requests for the draft agenda or for
making oral presentations at the meetings will be accepted up to one
business day before the meeting.

ADDRESSES: Participation in the conference call will be by
teleconference only--meeting rooms will not be used. Members of the
public may obtain the call-in number and access code for the call from
Greg Susanke, whose contact information is listed under the FOR FURTHER
INFORMATION CONTACT section of this notice. The face-to-face meeting
will be held at the EPA Building--One Potomac Yard, 2777 S. Crystal
Drive, Arlington, Virginia, 22202. The meeting is in the Fourth Floor
Conference Center North, room N-4830. Submit your comments, identified
by Docket ID No. EPA-HQ-ORD-2008-0926, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2008-0926.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2008-0926.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Science and Technology for Sustainability Mid-Cycle
Subcommittee Meetings--Winter 2009 Docket, Mailcode: 28221T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
EPA-HQ-ORD-2008-0926.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2008-
0926. Note: this is not a mailing 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-HQ-ORD-
2008-0926. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Board of
Scientific Counselors, Science and Technology for Sustainability Mid-
Cycle Subcommittee Meetings--Winter 2009 Docket, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the ORD Docket is
(202) 566-1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Greg Susanke, Mail Drop 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1300 Pennsylvania Ave., NW., Washington, DC 20460; via phone/voice mail
at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

    The meetings are open to the public. Any member of the public
interested in receiving a draft BOSC agenda or making a presentation at
the meeting may contact Greg Susanke, the Designated Federal Officer,
via any of the contact methods listed in the FOR FURTHER INFORMATION
CONTACT section above. In general, each individual making an oral
presentation will be limited to a total of three minutes.
    EPA ORD is conducting an independent expert review through the
BOSC, to evaluate the progress made by the Science and Technology for
Sustainability Research Program towards addressing the recommendations
that resulted from its initial program review in April 2007; and to
evaluate and obtain advice on key future directions for the research
program which have been developed and other potential areas that could
be considered. Proposed agenda items for the meetings include, but are
not limited to: Teleconference: objectives of the review; an overview
of ORD's Science and Technology for Sustainability Research Program; a
summary of major changes in the research program since 2007; Face-to-
face meeting: ORD progress in response to recommendations from the
previous BOSC program review and other activities; subcommittee
discussions.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Greg Susanke at<PHONE_NUMBER> or<EMAIL_ADDRESS>
To request accommodation of a disability, please contact Greg Susanke,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

    Dated: January 15, 2009.
Fred Hauchman,
Director, Office of Science Policy.
[FR Doc. E9-1701 Filed 1-26-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19631-19635]
[FR Doc No: 2022-07106]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0410; FRL-8791-02-R9]

Air Plan Limited Approval and Limited Disapproval; California;
Air Resources Board; Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the
California Air Resources Board (CARB) portion of the California State
Implementation Plan (SIP). These revision concerns emissions of
volatile organic compounds (VOCs) from vapor recovery systems of
gasoline cargo tanks. Under the authority of the Clean Air Act (CAA or
the Act), this action

simultaneously approves the rescission of a different statewide rule
from the California SIP that previously regulated this emission source.

DATES: This rule is effective May 5, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0410. 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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 21, 2021 (86 FR 58627), the EPA proposed a limited
approval and limited disapproval of the following SIP revisions, that
were submitted on August 22, 2018, for incorporation into the
California SIP.

                                        Table 1--Submitted SIP Revisions
----------------------------------------------------------------------------------------------------------------
                                  Regulation title or     Date of local
     Regulation or provision            subject               action               State requested action
----------------------------------------------------------------------------------------------------------------
California Code of Regulations,   Certification of     Adopted on 07/25/13  Addition to the SIP.
 Title 17, Division 3, Chapter     Vapor Recovery
 1, Subchapter 8, Article 1,       Systems for Cargo
 Section 94014.                    Tanks.
Certification Procedure CP-204..  Certification        Referenced in        Addition to the SIP.
                                   Procedure for        Section 94014 and
                                   Vapor Recovery       adopted on 11/7/
                                   Systems of Cargo     2014.
                                   Tanks.
Test Procedure TP-204.1.........  Determination of     Referenced in        Addition to the SIP.
                                   Five Minute Static   Section 94014 and
                                   Pressure             adopted on 11/7/
                                   Performance of       2014.
                                   Vapor Recovery
                                   Systems of Cargo
                                   Tanks.
Test Procedure TP-204.2.........  Determination of     Referenced in        Addition to the SIP.
                                   One Minute Static    Section 94014 and
                                   Pressure             adopted on 05/27/
                                   Performance of       2014.
                                   Vapor Recovery
                                   Systems of Cargo
                                   Tanks.
Test Procedure TP-204.3.........  Determination of     Referenced in        Addition to the SIP.
                                   Leak(s).             Section 94014 and
                                                        adopted on 11/7/
                                                        2014.
California Code of Regulations,   Certification of     Repealed on 06/29/   Rescission from the SIP.
 Title 17, Division 3, Chapter     Vapor Recovery       1995.
 1, Subchapter 8, Article 1,       Systems--Gasoline
 Section 94004.                    Delivery Tanks.
Method 2-5......................  Certification and    Referenced in        Rescission from the SIP.
                                   Test Procedures      Section 94004 and
                                   for Vapor Recovery   effective on 09/1/
                                   Systems of           1982.
                                   Gasoline Delivery
                                   Tanks.
----------------------------------------------------------------------------------------------------------------

    We proposed a limited approval because we determined that these
revisions improve the SIP and are largely consistent with the relevant
CAA requirements. We simultaneously proposed a limited disapproval
because some rule provisions conflict with section 110 of the Act.
These provisions include the following:

    1. Executive Officer discretion in California Code of
Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article
1, Section 94014, CP-204 Section 5.4 and incorporated by reference
in TP-204.1, TP-204.2, and TP-204.3.

    Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During the comment period we received two anonymous comments in support
of EPA's October 21, 2021 proposed rule to limit VOC emissions and
protect the environment. We acknowledge the comments, and we are
approving the regulations that pertain to vapor emissions into the SIP.
EPA received one comment from Silvio Mazzella Jr. providing additional
reference materials. We acknowledge the additional information noted by
the commenter.
    We also received one comment from Isabelle Nield, which we respond
to below.
    Comment: The commenter's primary concern is that ``[d]ue to the
proposed rule's lack of compliance with the Clean Air Act . . . the
rule should [not] be incorporated into the SIP in its current state.''
They recommend instead that ``the proposed rule should be revised to
address the deficiencies, then approved.'' Aside from this issue, the
commenter notes the value of the proposed SIP revision for air quality
in a range of areas, including reduction in outdoor VOCs and interstate
emissions exchange from gasoline regulation.
    EPA's Response: We understand the commenter to assert that the
Executive Officer discretion issue that represents the basis for our
limited disapproval of California Code of Regulations, Title 17,
Section 94014 is significant enough to warrant not approving the entire
rule into the SIP until the issue is corrected. We disagree.

    As we noted in our October 21, 2021 proposed rule, a comparison of
the revised Section 94014 as a whole with the current SIP-approved
version, which was last approved on July 8, 1982, indicates substantial
changes to the rule that improve the clarity, specificity, and
stringency of the current SIP-approved rule. Additionally, the minor
deficiencies the EPA identified in the SIP revision will not result in
any degredation in California's air quality with respect to VOCs. As
noted in the Technical Support Document found in the docket for our
proposed action, at the time of the rule's submittal, CARB had never
approved any of the equivalent test methods to Technical Procedure
(TP)-204.1, TP-204.2 or TP-204.3 that are the subject of the limited
disapproval in the nearly forty years of the rule's enforcement.\1\ As
a result, a limited approval of this rule will strengthen the SIP and
allow the EPA to enforce VOC emissions from cargo tanks with
requirements that are more stringent than the rule that is currently in
the SIP.
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    \1\ EPA TSD p. 14, Docket ID: EPA-R09-OAR-2021-0410-0024.
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    As discussed in our proposed action, documents submitted for
inclusion into the SIP should not include unbounded director's
discretion that allows the State to approve alternatives to the
applicable SIP without following the SIP revision process described in
CAA section 110. California Code of Regulations, Title 17, Section
94014, CP-204, Section 5.4, allows the Executive Officer to approve an
alternative test procedure in certain situations where EPA Method 301
is not applicable, without approval from the EPA. This authority is
then incorporated by reference in TP-204.1, TP-204.2, and TP-204.3.
Without further specificity, these provisions represent unbounded
director's discretion and constitute a SIP deficiency.
    CAA sections 110(k)(3) and 301(a) provide the EPA with the
authority to issue a limited approval and limited disapproval action
that will strengthen the SIP and require the state to correct for the
above SIP deficiency, and the commenter has not provided any
information or supplemental evidence that would indicate this action is
contrary to CAA requirements. Therefore, the EPA will proceed with the
limited approval and limited disapproval of this rule as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval of the submitted rule. This action incorporates the
submitted rule and referenced test procedures into the California SIP,
including those provisions identified as deficient. As authorized under
section 110(k)(3) and 301(a), the EPA is simultaneously finalizing a
limited disapproval of California Code of Regulations, Title 17,
Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014.
    As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months. In addition, the
offset sanction in CAA section 179(b)(2) will be imposed 18 months
after the effective date of this action, and the highway funding
sanction in CAA section 179(b)(1) six months after the offset sanction
is imposed. A sanction will not be imposed if the EPA determines that a
subsequent SIP submission from the State corrects the identified
deficiencies before the applicable deadline.
    Note that the submitted rules have been adopted by CARB, and the
EPA's final limited disapproval does not prevent CARB from enforcing
them. The limited disapproval also does not prevent any portion of the
rules from being incorporated by reference into the federally
enforceable SIP as discussed in a July 9, 1992 EPA memo found at:
https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. The EPA is also finalizing deletion of
rules that were previously incorporated by reference from the
applicable California SIP. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Section
94014 and the associated certification procedure and test procedures as
described in Table 1 of this preamble, and finalizing the removal of
Section 94004 and Method 2-5 also as described in Table 1 from the SIP.
The EPA has made, and will continue to make, these documents available
through www.regulations.gov and at the EPA Region IX 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

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law.

Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 6, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 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, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: March 30, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220a, paragraph (c) is amended
0
a. In Table 1 by:
0
i. Removing the entry for ``94004''; and
0
ii. Adding an entry titled ``Title 17 (Public Health), Division 3 (Air
Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance
with Nonvehicular Emissions Standards); Article 1 (Vapor Recovery
Systems in Gasoline Marketing Operations)'' after the entry for
``94003'', and under the added heading, add an entry for ``94014''; and
0
b. In Table 2 by:
0
i. Adding entries for ``Certification Procedure CP-204'', ``Test
Procedure TP-204.1'' ``Test Procedure TP-204.2'', and ``Test Procedure
TP-204.3'', after the entry for ``Method 2-4: Certification and Test
Procedures for Vapor Recovery Systems at Gasoline Terminals''; and
0
ii. Removing the entry for ``Method 2-5: Certification and Test
Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks''.
    The additions read as follows:

Sec.  52.220a  Identification of plan-in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                        State                                    Additional
      State citation            Title/subject      effective date     EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance
   with Nonvehicular Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations)
----------------------------------------------------------------------------------------------------------------
94014....................  Certification of Vapor        4/1/2015  [INSERT Federal         Submitted on August
                            Recovery Systems for                    Register CITATION], 4/  22, 2018 as an
                            Cargo Tanks.                            5/2022.                 attachment to a
                                                                                letter dated August
                                                                                16, 2018.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

* * * * *

               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                               State
              Title/subject               effective date       EPA approval date        Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Certification Procedure CP-204                  4/1/2015  [INSERT Federal Register    Submitted on August 22,
 Certification Procedure for Vapor                         CITATION], 4/5/2022.        2018 as an attachment to
 Recovery Systems of Cargo Tanks.                                                      a letter dated August 16,
                                                                                2018.
Test Procedure TP-204.1 Determination of        4/1/2015  [INSERT Federal Register    Submitted on August 22,
 Five Minute Static Pressure Performance                   CITATION], 4/5/2022.        2018 as an attachment to
 of Vapor Recovery Systems of Cargo                                                    a letter dated August 16,
 Tanks.                                                                                2018.
Test Procedure TP-204.2 Determination of        4/1/2015  [INSERT Federal Register    Submitted on August 22,
 One Minute Static Pressure Performance                    CITATION], 4/5/2022.        2018 as an attachment to
 of Vapor Recovery Systems of Cargo                                                    a letter dated August 16,
 Tanks.                                                                                2018.
Test Procedure TP-204.3 Determination of        4/1/2015  [INSERT Federal Register    Submitted on August 22,
 Leak(s).                                                  CITATION], 4/5/2022.        2018 as an attachment to
                                                                                a letter dated August 16,
                                                                                2018.

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

* * * * *
[FR Doc. 2022-07106 Filed 4-4-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Notices]
[Page 19667-19668]
[DOCID:fr15ap10-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61877; File No. SR-DTC-2010-06]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Elective Dividends Service

April 8, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 22, 2010, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
primarily by DTC. DTC filed the proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \3\
thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change will provide various technical updates to
DTC's Elective Dividend service.

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

    In its filing with the Commission, DTC 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. DTC 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

    In 1991, DTC filed a rule change with the Commission to establish
the Elective Dividends (``EDS'') function.\4\ The EDS function allows
participants to use DTC's Participant Terminal System (``PTS'') or
Participant Browser System (``PBS'') instead of hard copy for their
instructions concerning distributions on certain issues of securities.
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    \4\ Securities Exchange Release Act No. 29814 (Oct. 11, 1991),
56 FR 55563 (Oct. 21, 1991).
---------------------------------------------------------------------------

    At the request of its participants, DTC has created an automated
election instruction approval process accessible through PBS (``EDS
approval process'').\5\ The EDS approval process will provide
participants with a streamlined, electronic means of internally
reviewing and approving election instructions and will be used for the
following EDS services: Cash-in Lieu/Round Up, Dividend Reinvestment
Program, Foreign Currency Payments, Optional Dividend Distribution, and
Tax Relief. Participants that chose to use the EDS approval process
will be required to assign an administrator in their firm to enable or
disable the EDS approval process at the firm. The EDS approval process
will have three basic entitlements to allow for the creation and
approval of instructions: (i) Creator, which allows the user to only
create instructions, (ii) approver, which allows the user to approve
instructions created by others and (iii) creator/approver, which allows
the user to create its own instructions that are automatically
approved. Once an instruction is created, it will appear with a status
of ``Pending'' for the approver to approve or reject. Once approved,
the instruction becomes an approved election that will appear in the
election window and will be processed in the same way that DTC
currently processes such elections.\6\
---------------------------------------------------------------------------

    \5\ When the EDS approval process is enabled for a given
service, a participant will be required to create and update its
instructions in PBS for that service; PTS may not be used.
    \6\ If left unapproved, the instruction will remain pending
until the cutoff date. If the instruction is pending on the cutoff
date, it will be deleted from the EDS system at the end of the day,
and the instruction will revert to the last approved election or if
one does not exist, to the default for the event.
---------------------------------------------------------------------------

    Additionally, DTC is making technical updates to its procedures in
order to properly reflect DTC contact information and the input methods
available to participants.
    DTC states that the proposed rule change is consistent with the
requirements of Section 17A of the Act \7\ and the rules and
regulations thereunder because it promotes efficiencies in the
clearance and settlement of securities transactions by providing
participants with a streamlined, electronic means of internally
reviewing and approving election instructions.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    DTC has not solicited or received written comments relating to the
proposed rule change. DTC will notify the Commission of any written
comments it receives.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(4) \9\
thereunder because the proposed rule change effects a change in an
existing service of DTC that (i) does not adversely affect the
safeguarding of securities or funds in DTC's custody or control or for
which it is responsible and (ii) does not significantly affect the
respective rights of DTC or persons using the service. At any time
within sixty days of the filing of such 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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 No. SR-DTC-2010-06 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 No. SR-DTC-2010-06. 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 such filings also will be available for
inspection and copying at DTC's principal office and DTC's Web site at
http://www.dtc.org/impNtc/mor/index.html. 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 No. SR-DTC-2010-06 and should be submitted on or
before May 6, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8614 Filed 4-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3832-3833]
[DOCID:fr26ja07-99]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11945-001--Oregon]

Dorena Lake Dam Hydroelectric Project; Notice of Availability of
Final Environmental Assessment

January 19, 2007.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission's)
regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed Symbiotics, LLC's application for
license for the proposed Dorena Lake Dam Project (or project), located
on the Row River near the city of Cottage Grove, Lane County, Oregon,
and has prepared a final environmental assessment (EA) for the project.
The proposed project would occupy less than 0.13 acre (5,655 square
feet) of Federal land administered by the U.S. Army Corps of Engineers
and the U.S. Bureau of Land Management.
    The final EA contains the staff's analysis of the potential future
environmental effects of the project, and staff has concluded that
licensing the project, with appropriate environmental protective
measures, would not constitute a major Federal action that would
significantly affect the quality of the human environment.
    A copy of the final EA is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at 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.
For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,

202-502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    For further information, contact Dianne Rodman by telephone at 202-
502-6077 or by e-mail at<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E7-1172 Filed 1-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Proposed Rules]
[Page 36404-36406]
[DOCID:fr03jy07-21]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-VA-0011; FRL-8333-8]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia; Control of Particulate Matter From Pulp and
Paper Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to a State
Implementation Plan (SIP) submitted by the Commonwealth of Virginia
Department of Environmental Quality. The revisions pertain to
amendments to an existing regulation to control particulate matter from
pulp and paper mills. This action is being taken under the Clean Air
Act (CAA or the Act).

DATES: Written comments must be received on or before August 2, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-VA-0011 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2005-VA-0011, Christopher Cripps, Acting
Chief, Air Quality and Planning Branch, Mailcode 3AP21, 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-
2005-VA-0011. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
http://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 http://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 Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: LaKeshia N. Robertson,<PHONE_NUMBER>,
or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 21, 2005, the Commonwealth of
Virginia submitted revisions to its State Implementation Plan (SIP)
plan for Pulp and Paper mills. The revisions pertain to the control of
particulate matter (9 VAC 5, Chapter 40, Article 13, Rule 4-13).

I. Background

    The revisions consist of amendments to existing regulations that
implement emission standards for particulate matter from pulp and paper
mills (9 VAC 5, Chapter 40, Article 13, Rule 4-13.) The changes will
control particulate matter emissions.

II. Summary of SIP Revision

    The following provisions consist of changes to the Commonwealth of
Virginia's regulation for the control and abatement of air pollution (9
VAC 5, Chapter 40, Article 13, Rule 4-13). The modifications below are
the subject of this rulemaking.
    Revision 1: 9 VAC 5-40-1660. Applicability and designation of
affected facilities. Section A is revised to read as follows: The
affected facilities in pulp and paper mills to which the provisions of
this article apply are: Each recovery furnace each smelt dissolving
tank, each lime kiln, each slaker tank, and each kraft wood pulping
operation. For the purpose of this article, a kraft wood pulping
operation is comprised only of any combination of the following units:
Recovery furnaces, lime kilns, digester systems, multiple-effect
evaporator systems, condensate stripper systems and smelt dissolving
tanks.
    Revision 2: 9 VAC 5-40-1670. Definitions. Section C: The definition
of agreement is deleted and the following terms are added: (1) Neutral
sulfite semichemical pulping operation means any operation in which
pulp is produced from wood by cooking (digesting) wood chips in a
solution of sodium sulfite and sodium bicarbonate, followed by
mechanical defibrating (grinding); (2) new design recovery furnace
means a straight kraft recovery furnace that has both membrane wall or
welded wall construction and emission control designed air systems. A
new design furnace shall have stated in its contract a TRS performance
guarantee or that it was designed with air pollution control as an
objective; (3) pulp and paper mill means any kraft pulp mill or any
paper mill using a semichemical pulping process; and (4) semichemical
pulping process means any pulp manufacturing process in which the
active chemicals of the liquor used in cooking (digesting) wood chips
to their component parts in a pressurized vessel (digester) are
primarily a liquor of sodium hydroxide and sodium carbonate. The major
difference between all semichemical techniques and those of kraft and
acid sulfite processes is that only portion of the lignin is removed
during the cooking (digesting), after which the pulp is further reduced
by mechanical disintegration. In addition, these terms were amended:
Cross recovery furnace; straight kraft recovery furnace; and total
reduced sulfur.
    Revision 3: 9 VAC 5-40-1690. Standard for total reduced sulfur.
Section A is revised to read as follows: No owner or other person shall
cause or permit to be discharged into the atmosphere from any kraft
wood pulping operation unit specified below any total reduced sulfur
emissions in

excess of the following limits. Section B is deleted and replaced by
Section C. In addition, Section D is deleted.
    Revision 4: 9 VAC 5-40-1750. Compliance. In Section A, the letter A
is deleted and the provision remains the same. Sections B through D are
deleted and no longer relevant to the regulation.
    Revision 5: 9 VAC5-40-1770. Monitoring. Section B clarifies that
the owner of a kraft pulp mill shall comply with monitoring provisions
by October 1, 1990. Section C (1) has been revised to include the
language ``Part'' to reference information used in the regulation.
    Revision 6: 9 VAC5-40-1810. Permits. The paragraph which states the
permit requirements shall read as follows: A permit may be required
prior to beginning any of the activities specified below if the
provisions of 9 VAC 5 Chapter 50 (9 VAC 5-50-10 et seq.) apply. Owners
contemplating such action should review those provisions and contact
the appropriate regional office for guidance on whether those
provisions apply. Also, under the numeric rationale for permits, an
additional activity, which is number ``6'' is added to read as follows:
Operation of a facility.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law,Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Proposed Action

    EPA is approving the Commonwealth of Virginia's SIP submitted on
June 21, 2005 to control particulate matter emissions. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it

approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule, pertaining to Virginia's control of particulate
matter from pulp and paper mills, does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.

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

    Dated: June 22, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E7-12838 Filed 7-2-07; 8:45 am]

BILLING CODE 6560-50-P