AIR QUALITY

TABLE OF CONTENTS

  TOC \o "1-1"  10.1  Purpose and Ambient Air Quality Standards
PAGEREF _Toc204153422 \h  1

10.2  Definitions	  PAGEREF _Toc204153423 \h  2

10.3  Air Quality Division	  PAGEREF _Toc204153424 \h  19

10.4  Title V and Voluntary Permits	  PAGEREF _Toc204153425 \h  19

10.5  Locally Required Permits	  PAGEREF _Toc204153426 \h  20

10.6  Permit Fees	  PAGEREF _Toc204153427 \h  32

10.7  Visible Emissions	  PAGEREF _Toc204153428 \h  33

10.8  Emissions From Fuel-Burning Equipment	  PAGEREF _Toc204153429 \h
34

10.9  Emissions Standards	  PAGEREF _Toc204153430 \h  37

10.10  Open Burning	  PAGEREF _Toc204153431 \h  74

10.11  Emissions of Objectionable Odors	  PAGEREF _Toc204153432 \h  79

10.12  Sulfur Compounds	  PAGEREF _Toc204153433 \h  80

10.13  Fugitive Dust	  PAGEREF _Toc204153434 \h  80

10.14  Excess Emission	  PAGEREF _Toc204153435 \h  81

10.15  Variances	  PAGEREF _Toc204153436 \h  84

10.16  Circumvention	  PAGEREF _Toc204153437 \h  88

10.17  Testing and Sampling of New and Existing Equipment	  PAGEREF
_Toc204153438 \h  89

10.18  Analysis Fees	  PAGEREF _Toc204153439 \h  95

10.19  Submission of Information	  PAGEREF _Toc204153440 \h  95

10.20  Public Records and Fair Information Practices	  PAGEREF
_Toc204153441 \h  96

10.21  Prevention of Air Pollution Emergency Episodes	  PAGEREF
_Toc204153442 \h  96

10.22  Enforcement	  PAGEREF _Toc204153443 \h  104

10.23  Sealing	  PAGEREF _Toc204153444 \h  105

10.24  Penalty	  PAGEREF _Toc204153445 \h  106

10.25  Jurisdiction	  PAGEREF _Toc204153446 \h  107

10.26  Repealer	  PAGEREF _Toc204153447 \h  108

10.27  Severability Clause	  PAGEREF _Toc204153448 \h  108

10.28  When Effective	  PAGEREF _Toc204153449 \h  108

LINN COUNTY ORDINANCE #1-1-2015

PROVIDING FOR AIR QUALITY

BE IT ENACTED by the Board of Supervisors, Linn County, Iowa, that Linn
County Ordinance #1-1-2015 as codified in Linn County Code of Ordinance
Chapter 10 is hereby rescinded and in its place is enacted Linn County
Ordinance #1-1-2015 as set out in full herein.

10.1  Purpose and Ambient Air Quality Standards

It is the public policy of the Linn County Board of Health, and the Linn
County Board of Supervisors, that the purpose of this ordinance is to
achieve and maintain such levels of air quality as will protect human
health and safety, and to the greatest degree practicable, prevent
injury to plant and animal life and property, foster the comfort and
convenience of the people, promote social development of Linn County,
foster economic development, and facilitate the enjoyment of the natural
attractions of Linn County, Iowa.

The Department has jurisdiction over the atmosphere of the county to
prevent, abate and control air pollution, by establishing standards for
air quality and by regulating potential sources of air pollution through
a system of general rules or specific permits.

The Linn County ambient air quality standards shall be the National
Primary and Secondary Ambient Air Quality Standards as published in 40
Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal
Register 22384 (September 14, 1973), 43 Federal Register 46258 (October
5, 1978), 44 Federal Register 8202, 8220 (February 9, 1979), 52 Federal
Register 24634-24669 (July 1, 1987), 62 Federal Register 38651-38760,
38855-38896 (July 18, 1997), 71 Federal Register 61144-61233 (October
17, 2006), 73 Federal Register 16436-16514 (March 27, 2008), 73 Federal
Register 66964-67062 (November 12, 2008), and 75 Federal Register
6474-6537 (February 9, 2010), and 75 Federal Register 35520-35603 (June
22, 2010) as adopted by reference by the DNR at 567 IAC 28.1.  Linn
County shall implement these rules in a time frame and schedule
consistent with implementation schedules in federal laws, regulations,
and Iowa statutes and rules.

All references to 567 IAC Chapter 20 are effective December 11, 2013.

All references to 567 IAC Chapter 21 are effective September 10, 2008.

All references to 567 IAC Chapter 22 are effective August 6, 2014.

All references to 567 IAC Chapter 23 are effective August 6, 2014.

All references to 567 IAC Chapter 25 are effective September 19, 2012.

All references to 567 IAC Chapter 28 are effective September 18, 2013.

All references to 567 IAC Chapter 29 are effective April 8, 1998.

All references to 567 IAC Chapter 33 are effective December 11, 2013.

All references to 567 IAC Chapter 34 are effective October 7, 2009.

10.2  Definitions

For use in this ordinance, certain terms and words used herein shall be
interpreted or defined as follows:

"Act" through “Emission limitation and emission standard.” No
changes made.

"Emissions Unit" means any part or activity of a stationary source that
emits or has the potential to emit any regulated air pollutant or any
pollutant listed under Section 112(b) of the Act.  This term is not
meant to alter or affect the definition of the term "unit" for purposes
of Title IV of the Act or any related regulations.

"EPA conditional method" through “Gas cleaning device.” No changes
made.

"Greenhouse gases (GHG)" means the air pollutant defined in 40 CFR
§86.1818-12(a) (as amended on May 7, 2010) as the aggregate group of
six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.  GHGs
emitted shall be computed as follows:  Multiplying the mass amount of
emissions (tpy), for each of the six greenhouse gases in the pollutant
GHGs, by the gas’s associated global warming potential published at 40
CFR Part 98, Subpart A, Table A-1, "Global Warming Potentials," (as
amended on October 30, 2009), and sum the resultant value from paragraph
"a" for each gas to compute a tpy CO2e.

"Goal" through "Level." No changes made.

"Major modification" means any physical change in or change in the
method of operation of a major stationary source that would result in: a
significant emissions increase of a regulated NSR pollutant; and a
significant net emissions increase of that pollutant from the major
stationary source.

Any significant emissions increase from any emissions units or net
emissions increase at a major stationary source that is significant for
volatile organic compounds or NOx shall be considered significant for
ozone.

A physical change or change in the method of operation shall not
include:

Routine maintenance, repair, and replacement;

Use of an alternative fuel or raw material by reason of an order under
Section 2(a) and (b) of the Energy Supply and Environmental Coordination
Act of 1974 (or any superseding legislation), or by reason of a natural
gas curtailment plan in effect pursuant to the Federal Power Act;

Use of an alternative fuel by reason of an order or rule under Section
125 of the Clean Air Act;

Use of an alternative fuel at a steam generating unit to the extent that
the fuel is generated from municipal solid waste;

e.	Use of an alternative fuel or raw material by a stationary source
that the source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable
permit condition, or that the source is approved to use under any
federally enforceable permit condition;

An increase in the hours of operation or in the production rate, unless
such change would be prohibited under any federally enforceable permit
condition enforceable by the Administrator;

Any change in ownership at a stationary source;

Reserved.

The installation, operation, cessation, or removal of a temporary clean
coal technology demonstration project, provided that the project
complies with the requirements within the SIP; and other requirements
necessary to attain and maintain the national ambient air quality
standards during the project and after the project is terminated;

The installation or operation of a permanent clean coal technology
demonstration project that constitutes repowering, provided that the
project does not result in an increase in the potential to emit of any
regulated pollutant emitted by the unit.  This exemption shall apply on
a pollutant-by-pollutant basis;

The reactivation of a very clean coal-fired electric utility steam
generating unit.

3.  This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under rule 567 IAC 33.9 for a PAL for that
pollutant.  Instead, the definition under rule 567 IAC 33.9 shall apply.

"Major stationary source" through "Refuse burning equipment" No changes
made.

"Regulated NSR pollutant" means the following:

Any pollutant for which a national ambient air quality standard has been
promulgated and any constituents or precursors for such pollutants
identified by the Administrator:

  Volatile organic compounds and nitrogen oxides are precursors to ozone
in all attainment and unclassifiable areas;

  Sulfur dioxide is a precursor to PM2.5 in all attainment and
unclassifiable areas;

  Nitrogen oxides are presumed to be precursors to PM2.5 in all
attainment and unclassifiable areas, unless the department demonstrates
to EPA's satisfaction or EPA demonstrates that emissions of nitrogen
oxides from sources in a specific area are not a significant contributor
to the area's ambient PM2.5 concentrations;

  Volatile organic compounds are presumed not to be precursors to PM2.5
in any attainment and unclassifiable areas, unless the department
demonstrates to EPA's satisfaction or EPA demonstrates that emissions of
volatile organic compounds from sources in a specific area are a
significant contributor to that area's ambient PM2.5 concentrations;

Any pollutant that is subject to any standard promulgated under section
111 of the Act;

Any Class I or Class II substance subject to a standard promulgated
under or established by title VI of the Act; or

Any pollutant that otherwise is subject to regulation under the Act as
defined in 567 IAC 33.3(1), definition of "subject to regulation."

Notwithstanding paragraphs "1" through 4," the definition of "regulated
NSR pollutant" shall not include any or all hazardous air pollutants
that are either listed in Section 112 of the Act or added to the list
pursuant to Section 112(b)(2) of the Act and that have not been delisted
pursuant to Section 112(b)(3) of the Act, unless the listed hazardous
air pollutant is also regulated as a constituent or precursor of a
general pollutant listed under Section 108 of the Act.

Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions
shall include gaseous emissions from a source or activity which condense
to form particulate matter at ambient temperatures.

"Replacement unit" means an emissions unit for which all the criteria
listed in paragraphs "1" through "4" of this definition are met.  No
creditable emissions reductions shall be generated from shutting down
the existing emissions unit that is replaced.

  The emissions unit is a reconstructed unit within the meaning of 40
CFR 60.15(b)(1) as amended through December 16, 1975, or the emissions
unit completely takes the place of an existing emissions unit.

  The emissions unit is identical to or functionally equivalent to the
replaced emissions unit.

  The replacement unit does not change the basic design parameter(s) of
the process unit.

  The replaced emissions unit is permanently removed from the major
stationary source, otherwise permanently disabled, or permanently barred
from operation by a permit that is enforceable as a practical matter. If
the replaced emissions unit is brought back into operation, it shall
constitute a new emissions unit.

"Residential waste" No change made.

"Responsible Official" means one of the following:

For a corporation:  a president, secretary, vice-president or treasurer
of the corporation in charge of a principal business function or any
other person who performs similar policy or decision-making functions
for the corporation or duly authorized representative of such person if
the representative is responsible for the overall operation of one or
more manufacturing production or operating facilities applying for or
subject to a permit and either: the facilities employ more than 250
persons or have a gross annual sales or expenditures exceeding $25
million (in second quarter 1980 dollars); or the delegation of authority
to such representative is approved in advance by the permitting
authority.

For a partnership or sole proprietorship:  a general partner or the
proprietor respectively.

For a municipality, state, federal, or other public agency:  either a
principal executive officer or ranking elected official.  For the
purposes of this chapter, a principal executive office of a federal
agency includes the Chief Executive Officer having responsibility for
the overall operations of a principal geographic unit of the agency (eg.
A regional Administrator of the EPA).

For Title IV affected facilities:  the designated representative insofar
as actions, standards, requirements or prohibitions under Title IV of
the Act or the regulations promulgated thereunder are concerned; and the
designated representative for any other purposes under this chapter or
the Act.

"Rubbish" through "Shutdown." No changes made.

"Significant" means:

1. In reference to a net emissions increase or the potential of a source
to emit any of the following pollutants, at a rate of emissions that
would equal or exceed any of the following rates:

    Pollutant and Emissions Rate

	Carbon monoxide: 100 tons per year (tpy)

	Nitrogen oxides: 40 tpy

	Sulfur dioxide: 40 tpy

	Particulate matter: 25 tpy of particulate matter emissions

	PM10: 15 tpy

	PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide
emissions; 40 tpy of nitrogen oxide emissions (unless the department
demonstrates to EPA's satisfaction that emissions of nitrogen oxides
from sources in a specific area are not a significant contributor to the
area's ambient PM2.5 concentrations)

	Ozone: 40 tpy of volatile organic compounds or NOx

	Lead: 0.6 tpy

	Fluorides: 3 tpy

	Sulfuric acid mist: 7 tpy

	Hydrogen sulfide (H2S): 10 tpy

	Total reduced sulfur (including H2S): 10 tpy

	Reduced sulfur compounds (including H2S): 10 tpy

	Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6
megagrams per year (3.5  x 10-6 tpy)

	Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)

	Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)

	Municipal solid waste landfill emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)

"Significant" means, for purposes of this rule and in reference to a net
emissions increase or the potential of a source to emit a regulated NSR
pollutant not listed in paragraph "1," any emissions rate.

Notwithstanding paragraph "1," "significant," for purposes of this rule,
means any emissions rate or any net emissions increase associated with a
major stationary source or major modification, which would construct
within ten kilometers ofa Class I area and have an impact on such area
equal to or greater than 1 µg/m3 (24-hour average).

"Six-minute period" through "Standard metropolitan statistical area
(SMSA)." No changes made.

"Startup" means the setting into operation of any control equipment or
process equipment or process for any purpose.

"State Implementation Plan (SIP)" through "12-month rolling period." No
changes made.

"Untreated" as it refers to wood or wood products includes only wood or
wood products that have not been treated with compounds such as, but not
limited to, paint, pigment-stain, adhesive, varnish, lacquer, or resin
or that have not been pressure treated with compounds such as, but not
limited to, chromate copper, acetate, pentachlorophenol or creosote.
"Untreated" as it refers to seeds, pellets or other vegetative matter
includes only seeds, pellets or other vegetative matter that has not
been treated with pesticides or fungicides.

"Urban area" through "Volatile organic compound." No changes made.

10.3  Air Quality Division

No changes made.

10.4  Title V and Voluntary Permits

No changes made.

10.5  Locally Required Permits

1. Application for Permits through 8. Provision for Sampling and Testing
Facilities. No changes made.

9. Exemptions from the Authorization to Install Permit and Permit to
Operate Requirements.  The provisions of §10.5 shall not apply to the
following equipment, except when Prevention of Significant Deterioration
Standards (567  IAC 33.1); New Source Performance Standards (40 CFR Part
60 NSPS), (567 IAC 23.1(2), (§10.9(2)); Emission Standards for
Hazardous Air Pollutants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3),
(§10.9(3)); or Emission Standards for Hazardous Air Pollutants for
source categories (40 CFR Part 63 NESHAP), (567 IAC 23.1(4), (§10.9(4)
are applicable)).

Fuel-burning equipment for indirect heating and re-heating furnaces or
cooling units using natural or liquefied petroleum gas with a capacity
of less than 10 million Btu per hour input per combustion unit.

Fuel-burning equipment for indirect heating or cooling with a capacity
less than 1 million Btu per hour input per combustion unit when burning
fuel oil grade #1 and #2. This exemption does not apply to equipment
burning waste oil.

“c.” through “m.” No changes made.

n. 	Asbestos demolition and renovation projects subject to 40 CFR 61.145
as amended through January 16, 1991, as amended in 567 IAC 22.1(2)"k".

		  “o.” through “t.” No changes made.

u. 	Incinerators and pyrolysis cleaning furnaces with a rated refuse
burning capacity of less than 25 pounds per hour constructed, installed,
reconstructed or altered on or before October 23, 2013.  Pyrolysis
cleaning furnace exemption is limited to those units that use only
natural gas or propane.  Salt bath units are not included in this
exemption.  Incinerators or pyrolysis cleaning furnaces constructed,
installed, reconstructed, or modified after October 23, 2013, shall not
qualify for this exemption.  After October 23, 2013, only paint
clean-off ovens with a maximum rated capacity of less than 25 pounds per
hour that do not combust lead-containing materials shall qualify for
this exemption.

		“t.” through “cc.” No changes made.

dd.  Production welding.

Consumable electrode.

Welding operations for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) on or before October
23, 2013, using a consumable electrode, provided that the consumable
electrode used falls within American Welding Society specification
A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded
Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW),
and provided that the quantity of all electrodes used at the stationary
source of the acceptable specifications is below 200,000 pounds per year
of GMAW and 28,000 pounds per year for SMAW or FCAW.  Records that
identify the type and annual amount of welding electrode used shall be
maintained on site by the owner or operator for a period of at least two
calendar years.

	For stationary sources where electrode usage exceeds these levels, the
welding activity at the stationary source may be exempted if the amount
of electrode used (Y) is less than:

	Y = the greater of 1380x – 19,200 or 200,000 for GMAW, or

	Y = the greater of 187x – 2,600 or 28,000 for SMAW or FCAW

	Where "x" is the minimum distance to the property line in feet and "Y"
is the annual electrode usage in pounds per year.

	If the stationary source has welding processes that fit into both of
the specified exemptions, the most stringent limits must be applied.

Welding operations for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) occurred after
October 23, 2013, using a consumable electrode, provided that the
consumable electrode falls within American Welding Society specification
A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded
Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW),
and provided that the quantity of all electrodes used at the stationary
source of the acceptable specification is below 1,600 pounds per year
for GMAW and 12,500 pounds per year for SMAW or FCAW.  Records that
identify the type and annual amount of welding electrode used shall be
maintained on site by the owner or operator for a period of at least two
calendar years.

For stationary sources where electrode usage exceeds these levels, the
welding activity at the stationary source may be exempted if the amount
of electrode used (Y) is less than:Y = the greater of 84x – 1,200 or
1,600 for GMAW, or

Y = the greater of 11x – 160 or 12,500 for SMAW or FCAW

Where "x" is the minimum distance of the property line in feet and "Y"
is the annual electrode usage in pounds per year.

If the stationary source has welding processes that fit into both of the
specified exemptions, the most stringent limits must be applied.

Resistance welding, submerged arc welding, or arc welding that does not
use a consumable electrode, provided that the base metals do not include
any stainless steel, alloys of lead, alloys of arsenic, or alloys of
beryllium and provided that the base metals are uncoated, excluding
manufacturing process lubricants.

ee. 	Electric hand soldering, wave soldering, and electric solder paste
reflow ovens for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) occurred on or before
October 23, 2013.  Electric hand soldering, wave soldering, and electric
solder paste reflow ovens for which initiation of construction,
installation, reconstruction, or alteration (as defined in 10.2)
occurred after October 23, 2013, shall be limited to 37,000 pounds or
less per year of lead-containing solder.  Records shall be maintained on
site by the owner or operator for at least two calendar years to
demonstrate that use of lead-containing solder is less than the
exemption thresholds.

Pressurized piping and storage systems for natural gas, propane,
liquefied petroleum gas (LPG), and refrigerants, where emissions could
only result from an upset condition.

“ff.” through “kk.” No changes maded

ll. 	Each production painting, adhesive or coating unit that use 1,000
gallons or less of coating and solvents annually, unless the production
painting, adhesive or coating unit and associated cleaning operations
are subject to work practice, process limits, emission limits, stack
testing, record-keeping or reporting requirements under 10.9(2),
10.9(3), or 10.9(4).  Records shall be maintained on site by the owner
or operator for a period of at least two calendar years to demonstrate
that paint, adhesive, or solvent usage is at or below the exemption
threshold.

mm. Equipment related to research and development activities at a
stationary source, provided that:

Actual emissions from all research and development activities at the
stationary source based on a 12-month rolling total are less than the
following levels:

2 pounds per year of lead and lead compounds expressed as lead (40
pounds per year for research and development activities that commenced
on or before October 23, 2013);

5 tons per year of sulfur dioxide;

5 tons per year of nitrogen oxides;

5 tons per year of volatile organic compounds;

5 tons per year of carbon monoxide;

5 tons per year of particulate matter (particulate matter as defined in
40 CFR Part 51.100(pp) as amended through November 29, 2004);

2.5 tons per year of PM10;

0.52 tons per year of PM2.5 (does not apply to research and development
activities that commenced on or before October 23, 2013); and

5 tons per year of hazardous air pollutants (as defined in 10.2); and

The owner or operator maintains records of actual operations
demonstrating that the annual emissions from all research and
development activities conducted under this exemption are below the
levels listed in subparagraph (1) above.  These records shall:

Include a list of equipment that is included under the exemption;

Include records of actual operation and detailed calculations of actual
annual emissions, reflecting the use of any control equipment and
demonstrating that the emissions are below the levels specified in the
exemption;

Include, if air pollution equipment is used in the calculation of
emissions, a copy of any report of manufacturer's testing, if available.
 The department may require a test if it believes that a test is
necessary for the exemption claim; and

Be maintained on site for a minimum of two years, be made available for
review during normal business hours and for state and EPA on-site
inspections, and be provided to the director or the director's designee
upon request.  Facilities designated as major sources pursuant to rules
567 IAC 22.4 and LCCO 10.4, or subject to any applicable federal
requirements, shall retain all records demonstrating compliance with
this exemption for five years.

An owner or operator using this exemption obtains a construction permit
or ceases operation of equipment if operation of the equipment would
cause the emission levels listed in this exemption to be exceeded.

For the purposes of this exemption, "research and development
activities" shall be defined as activities:

That are operated under the close supervision of technically trained
personnel; and

That are conducted for the primary purpose of theoretical research or
research and development into new or improved processes and products;
and

That do not manufacture more than de minimis amounts of commercial
products; and

That do not contribute to the manufacture of commercial products by
collocated sources in more than a de minimis manner.

nn. 	A non-road diesel fueled engine, as defined in 40 CFR 1068.30 and
as amended through October 8, 2008, with a brake horsepower rating of
less than 1,100 at full load measured at the shaft, used to conduct
periodic testing and maintenance on natural gas pipelines.  For the
purposes of this exemption, the manufacturer's nameplate rating shall be
defined as the brake horsepower output at the shaft at full load.

     To qualify for the exemption, the engine must:

Be used for periodic testing and maintenance on natural gas pipelines
outside the compressor station, which shall not exceed 330 hours in any
12-month consecutive period at a single location; or

Be used for periodic testing and maintenance on natural gas pipelines
with the compressor station, which shall not exceed 330 hours in any
12-month consecutive period.

The owner or operator shall maintain a monthly record of the number of
hours the engine operated and a record of the rolling 12-month total of
the number of hours the engine operated for each location outside the
compressor station and within the compressor station.  These records
shall be maintained for two years.  Records shall be made available to
the department upon request.

This exemption shall not apply to the replacement or substitution of
engines for backup power generation at a pipeline compressor station.

10.	Emissions Offsets for Non-Attainment Designated Areas.  Rule 567 IAC
22.5 of the Iowa Administrative Code, is hereby made a part of this
Ordinance by reference.

11.	Dispersion Credit Allowance.  For the purpose of Authorization to
Install review, primarily the determination of dispersion credit allowed
for stack heights that exceed "good engineering practice", the Iowa
Administrative Code rule 567-23.1(5) as amended, shall apply and is
hereby made a part of this Ordinance by reference.

10.6  Permit Fees

Initial Applications.  No changes made.

Annual Fee for Permit to Operate.  Each Permit to Operate shall be
renewed on the annual operating fee due date, (hereafter referred to as
the invoice due date), set by the Air Pollution Control Officer.  This
provision shall apply to all Permits To Operate required by §10.5(3) of
this Ordinance.

The annual renewal fee shall be payable for each Permit to Operate, and
shall be paid by the invoice due date.

If the annual operating fee is not paid by the invoice due date, the
permit shall expire and no longer be valid.  The permit holder shall be
notified by mail by the Air Pollution Control Officer.

The Air Pollution Control Officer shall have the authority to deny
renewal of any Permit to Operate for equipment that is found to be out
of compliance with the emission standards or requirements set out in
this Ordinance.  The Air Pollution Control Officer shall have the
authority to deny issuance of, or the renewal of, any permit to any
person who has been previously cited for any violation of this Ordinance
and who has not paid in full all fines, court costs and restitution
entered as a judgment against them or who is not in current with any
Court ordered payment plan for such fines, court costs and restitution.
This provision does not limit the Air Pollution Control Officer's power
to otherwise collect unpaid fines, court costs or restitution.

Filing Fees for Untimely Permits.  No changes made.

Fees required under Sections 10.6(1), 10.6(2) and 10.6(3) above shall be
recommended by the Air Pollution Control Officer and be established by
resolution of the Linn County Board of Supervisors.

10.7  Visible Emissions

No changes made.

10.8  Emissions From Fuel-Burning Equipment

General Provisions.

“a.” through “c.”  No changes made.

d. Rescinded

Emission Limitation.

No changes made.

10.9  Emissions Standards

1. Emissions of Particulate Matter

No changes made.

New Source Performance Standards.  No changes made.

Emission Standards for Hazardous Air Pollutants.  No changes made.

Emission Standards for Hazardous Air Pollutants for Source Categories.
The federal standards for emissions of hazardous air pollutants for
source categories, 40 CFR Part 63 as amended or corrected through
December 21, 2012, as adopted in 567 IAC 23.1(4), are adopted by
reference, except those provisions which cannot be delegated to the
states.  The corresponding 40 CFR Part 63 subpart designation is in
parentheses.  An earlier date for adoption by reference may be included
with the subpart designation in parentheses (except for paragraph
10.9(4)"zzzz," which specifies a later date for adoption by reference.
40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act
Sections 112(g) and 112(j) and does not adopt standards for a specific
affected facility.  Test methods (Appendix A), sources defined for early
reduction provisions (Appendix B), and determination of the fraction
biodegraded (Fbio) in the biological treatment unit (Appendix C) of Part
63 also apply to the affected activities or facilities.  For the
purposes of this subrule "hazardous air pollutant" has the same meaning
found in 567 IAC 22.100.  For the purposes of this subrule a "major
source" means any stationary source or group of stationary sources
located within a contiguous area and under common control that emits or
has the potential to emit considering controls, in the aggregate, 10
tons per year or more of any hazardous air pollutant or 25 tons per year
or more of any combination of hazardous air pollutants, unless a lesser
quantity is established, or in the case of radionuclides, where
different criteria are employed.  For the purposes of this subrule an
"area source" means any stationary source of hazardous air pollutants
that is not a major stationary source as defined in this paragraph.
Paragraph 23.1(4)"a," general provisions (Subpart A) of Part 63, shall
apply to owners or operators who are subject to subsequent subparts of
40 CFR 63 (except when otherwise specified in a particular subpart or in
a relevant standard) as adopted by reference below.  .

“a.” through “zz.” No changes made.

“aaa.” and “bbb.” Reserved.

“ccc.” through “yyyy.” No changes made.

zzzz.  Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines.  These standards apply to new
and existing major sources and to new and existing area sources with
stationary reciprocating internal combustion engines (RICE).  For
purposes of these standards, stationary RICE means any reciprocating
internal combustion engine which uses reciprocating motion to convert
heat energy into mechanical work and which is not mobile.  (Part 63,
Subpart ZZZZ, as amended through January 30, 2013)

“aaaaa.” through “uuuuuu.” No changes made

vvvvvv.  Emission standards for hazardous air pollutants for area
sources: chemical manufacturing. This standard applies to chemical
manufacturing at new and existing facilities that are area sources for
hazardous air pollutant emissions.  (Part 63, Subpart VVVVVV)

“wwwwww.” through “ccccccc.”  No changes made.

ddddddd.  Emission standards for hazardous air pollutants for area
sources: prepared feeds manufacturing.  This standard applies to
prepared feeds manufacturing that produces animal feed products (not
including feed for cats or dogs) and uses chromium or manganese
compounds at new and existing facilities that are area sources for
hazardous air pollutant emissions. (Part 63, Subpart DDDDDDD)

Emission Guidelines.  No changes made.

Calculation of emission limitations based on stack height.  No changes
made.

10.10  Open Burning

No changes made.

10.11  Emissions of Objectionable Odors

No changes made.

10.12  Sulfur Compounds

The provisions of this section shall apply to any installation from
which sulfur compounds are emitted into the atmosphere.

1.  Sulfur Dioxide from Use of Fuels.

No changes made.

2.  Other Processes Capable of Emitting Sulfur Dioxide.  No person shall
allow, cause, or permit the emission of sulfur dioxide from any process,
in excess of 500 parts per million, based on volume.  This paragraph
shall not apply to devices which have been installed for air pollution
abatement purposes where it is demonstrated by the owner of the source
that the ambient air quality standards are not being exceeded.

3.  New Source Performance Standards Sources Capable of Emitting Sulfur
Compounds.

No changes made.

10.13  Fugitive Dust

(1) Attainment and Unclassified Areas.  A person shall take reasonable
precautions to prevent particulate matter from becoming airborne in
quantities sufficient to cause a nuisance as defined in Iowa Code
section 657.1 when the person allows, causes or permits any materials to
be handled, transported or stored or a building, its appurtenances or a
construction haul road to be used, constructed, altered, repaired or
demolished, with the exception of farming operations or dust generated
by ordinary travel on unpaved roads.  Ordinary travel includes routine
traffic and road maintenance activities such as scarifying, compacting,
transporting road maintenance surfacing material, and scraping of the
unpaved public road surface.  All persons, with the above exceptions,
shall take reasonable precautions to prevent the discharge of visible
emissions of fugitive dusts beyond the lot line of the property on which
the emissions originate.  The public highway authority shall be
responsible for taking corrective action in those cases where said
authority has received complaints of or has actual knowledge of dust
conditions which require abatement pursuant to this subrule.  Reasonable
precautions may include, but are not limited to, the following
procedures:

“1.” to “6.”  No changes made.

(2) Nonattainment Areas.  Subparagraph (1) notwithstanding, no person
shall allow, cause or permit any visible emission of fugitive dust in a
nonattainment area for particulate matter to go beyond the lot line of
the property on which a traditional source is located without taking
reasonable precautions to prevent emission.  Traditional source means a
source category for which a particulate emission standard has been
established in §10.9, and includes a quarry operation, haul road, or
parking lot associated with the traditional source. This paragraph does
not modify the emission standard stated in §10.9, but rather
establishes a separate requirement for fugitive dust from such sources.

For guidance on the types of controls which may constitute reasonable
precautions, see "Identification of Techniques for the Control of
Industrial Fugitive Dust Emissions*," adopted by the State of Iowa
Environmental Protection Commission on May 19, 1981.

* Available from the Department

10.14  Excess Emission

No changes made.

10.15  Variances

No changes made.

10.16  Circumvention

No changes made.

10.17  Testing and Sampling of New and Existing Equipment

Continuous Monitoring of Opacity from Coal-Fired Steam Generating Units.
 The owner or operator of any coal-fired or coal-gas-fired steam
generating unit with a rated capacity of greater than 250 million BTUs
per hour heat input shall install, calibrate, maintain, and operate
continuous monitoring equipment to monitor opacity.  If an exhaust
services more than one steam generating unit as defined in the preceding
sentence, the owner has the option of installing opacity monitoring
equipment on each unit or on the common stack.  Such monitoring
equipment shall conform to performance specifications specified in
§10.17(9).  The Air Pollution Control Officer may require the owner or
operator of any coal-fired or coal-gas-fired steam generating unit to
install, calibrate, maintain and operate continuous monitoring equipment
to monitor opacity whenever the compliance status, history of
operations, ambient air quality in the vicinity surrounding the
generator or the type of control equipment utilized would warrant such
monitoring.

Reserved

Reserved

Continuous Monitoring of Sulfur Dioxide from Sulfuric Acid Plants.  No
changes made.

Maintenance of Records of Continuous Monitors.  The owner or operator of
any facility which is required to install, calibrate, maintain and
operate continuous monitoring equipment shall maintain, for a minimum of
two years, a file of all information pertinent to each monitoring system
present at the facility.  Such information must include but is not
limited to all emissions data (raw data, adjusted data, and any or all
adjusted factors used to convert emissions from units of measurement to
units of the applicable standard), performance evaluations, calibrations
and zero checks, and records of all malfunctions of monitoring equipment
or source and repair procedures performed.

Reporting of Continuous Monitoring Information.  The owner or operator
of any facility required to install a continuous monitoring system or
systems shall provide quarterly reports to the Air Pollution Control
Officer, no later than 30 calendar days following the end of the
calendar quarter, on forms provided by the Air Pollution Control
Officer.  This provision shall not excuse compliance with more stringent
applicable reporting requirements.  All periods of recorded emissions in
excess of the applicable standards, the results of all calibrations and
zero checks, and performance evaluations occurring during the reporting
period, and any periods of monitoring equipment malfunctions or source
upsets and any apparent reasons for these malfunctions and upsets shall
be included in the report.

Tests by Owner.  The owner of new or existing equipment or the owner’s
authorized agent shall conduct emission tests to determine compliance
with applicable rules in accordance with these requirements.

General.  The owner of new or existing equipment or the owner's
authorized agent shall notify the Air Pollution Control Officer in
writing not less than 15 days before a required test or before a
performance evaluation of a continuous emission monitor to determine
compliance with applicable requirements of §10.9 or a permit condition.
 Such notice shall include the time, the place, the name of the person
who will conduct the tests and other information as required by the
Department.  If the owner or operator does not provide timely notice to
the Department, the Department shall not consider the test results or
performance evaluation results to be a valid demonstration of compliance
with the applicable rules or permit conditions.  At the Department’s
request, a pretest meeting shall be held not later than 5 days before
the owner or operator conducts the compliance demonstration.  A testing
protocol shall be submitted to the Department no later than 15 days
before the owner or operator conducts the compliance demonstration.  A
representative of the Department shall be permitted to witness the
tests.  Results of the tests shall be submitted in writing to the Air
Pollution Control Officer in the form of a comprehensive report within
six weeks of the completion of the testing.

New or Modified Equipment.  No changes made.

Existing Equipment.  The Air Pollution Control Officer may require the
owner or the owner's authorized agent to conduct an emission test on any
equipment if the Air Pollution Control Officer has reason to believe
that the equipment does not comply with applicable requirements.
Grounds for requiring such a demonstration of compliance include a
modification of control or process equipment, age of equipment, or
observation of opacities or other parameters outside the range of those
indicative of properly maintained and operated equipment.  Testing may
be required as necessary to determine actual emissions from a source
where that source is believed to have a significant impact on the public
health or ambient air quality of an area.  The Air Pollution Control
Officer shall provide the owner or agent not less than 30 days to
perform the compliance demonstration and shall provide written notice of
the requirement.

Tests by Department.  Representatives of the Department may conduct
separate and additional air contaminant emission tests and continuous
monitor performance tests of an installation on behalf of the county and
at the expense of the county.  Sampling holes, safe scaffolding and
pertinent allied facilities, but not instruments or sensing devices, as
needed, shall be requested in writing by the Air Pollution Control
Officer and shall be provided by and at the expense of the owner of the
installation at such points as specified in the request.  The owner
shall provide a suitable power source to the point or points of testing
so that sampling instruments can be operated as required.  Analytical
results shall be furnished to the owner.

Methods and Procedures.  Stack sampling and associated analytical
methods used to evaluate compliance with emission limitations of
§§10.8, 10.9, 10.12 or a permit condition are as follows:

Performance test (stack test).  A stack test shall be conducted
according to EPA reference methods as specified in 40 CFR 51, Appendix M
(as amended through December 21, 2010); 40 CFR 60, Appendix A (as
amended through September 9, 2010); 40 CFR 61, Appendix B (as amended
through October 17, 2000); and 40 CFR 63, Appendix A (as amended through
August 20, 2010).  The owner of the equipment or the owner's authorized
agent may use an alternative methodology if approved by the Department
in writing before testing.  Each test shall consist of at least three
separate test runs.  Unless otherwise specified by the Department,
compliance shall be assessed on the basis of the arithmetic mean of the
emissions measured in the three test runs.

Continuous monitoring systems.  Minimum performance specifications and
quality assurance procedures for performance evaluations of continuous
monitoring systems are as specified in 40 CFR 60, Appendix B (as amended
through September 9, 2010); 40 CFR 60, Appendix F (as amended through
September 9, 2010); 40 CFR 75, Appendix A (as amended through March 28,
2011); 40 CFR 75, Appendix B (as amended through March 28, 2011); and 40
CFR 75, Appendix F (as amended through March 28, 2011).  The owner of
the equipment or the owner's authorized agent may use an alternative
methodology for continuous monitoring systems if approved by the
Department in writing prior to conducting the minimum performance
specification and quality assurance procedures.

Permit and compliance demonstration requirements.  After October 24,
2012, all stack sampling and associated analytical methods used to
evaluate compliance with emission limitations of §§10.8, 10.9 or 10.12
or required in a permit issued by the Department pursuant to §§10.4,
10.5 or 567 IAC Chapter 33 shall be conducted using the methodology
referenced in this rule.  If stack sampling was required for a
compliance demonstration pursuant to §§10.8, 10.9 or 10.12 or for a
performance test required in a permit issued by the department pursuant
to §§10.4, 10.5 or 567 IAC Chapter 33 before October 24, 2012 and the
demonstration or test was not required to be completed before October
24, 2012, then the methodology referenced in this subrule applies
retroactively.

Exemptions from Continuous Monitoring Requirements.  The owner or
operator of any source is exempt if it can be demonstrated that any of
the conditions set forth in this section are met with the provision that
periodic recertification of the existence of these conditions can be
requested.

An affected source is subject to a new source performance standard
promulgated in 40 CFR Part 60 as amended through September 28, 2007.

“2.” through “3.”  No changes made.

Extensions.  No changes made.

Continuous monitoring of sulfur dioxide from emission points involved in
an alternative emission control program.  No changes made.

Continuous Emission Monitoring Under the Acid Rain Program

The continuous emission monitoring requirements for affected units under
the acid rain program as provided in 40 CFR Part 75, including
Appendices A, B, F and K are amended through January 24, 2008 (Appendix
F also was corrected on February 13, 2008), are adopted by reference.

10.18  Analysis Fees

No changes made.

10.19  Submission of Information

No changes made.

10.20  Public Records and Fair Information Practices

No changes made.

10.21  Prevention of Air Pollution Emergency Episodes

No changes made.

10.22  Enforcement

No changes made.

10.23  Sealing

No changes made.

10.24  Penalty

No changes made.

10.25  Jurisdiction

No changes made.

10.26  Repealer

No changes made.

10.27  Severability Clause

No changes made.

10.28  When Effective

This Ordinance shall become effective upon publication.

Approved by the Linn County Board of Supervisors the 28th day of
January, 2015.

					_____________

Chairperson	Linda Langston

District 2

					_________________

Vice Chairperson	Ben Rogers

District 3

					______________

Supervisor	James Houser

District 1

					________________

Supervisor	Brent Oleson

District 4

					_______________

Supervisor	John Harris

District 5

ATTEST:

					______________

Joel Miller, Linn County Auditor

Dates read:	January 19, 2015   January 21, 2015   January 27, 2015

Published in the	 Cedar Rapids Gazette on ___________, 2015

	Page   PAGE  19  of 108	Linn County Ordinance #1-1-2015


[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39556-39557]
[FR Doc No: 2020-14185]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-479-000]

Northern Natural Gas Company; Notice of Application

    Take notice that on June 11, 2020, Northern Natural Gas Company
(Northern Natural), 1111 South 103rd Street, Omaha, NE 68124-1000,
filed in Docket No. CP20- 479-000 an application pursuant to section
7(b) and 7(c) of the Natural Gas Act (NGA) and part 157 of the
Commission's regulations for authorization to abandon in-place the
Auburn A-branch line located in Lancaster, Otoe, Johnson, and Nemaha
counties, Nebraska. Northern Natural further seeks authorization to
construct and operate a branch line loop consisting of approximately
4.3 miles of 8-inch-diameter pipeline and a pig launcher and regulation
station and associated appurtenances in Lancaster and Otoe counties,
Nebraska (Auburn J-Line Loop). Northern Natural estimates the cost of
the Auburn J-Line Loop project to be $7,777,080, all as more fully
described in their application which is on file with the Commission and
open to public inspection.
    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://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>.
    Any questions concerning this application may be directed to
Michael T. Loeffler, Senior Director Certificates and External Affairs,
Northern Natural Gas Company, P.O. Box 3330, Omaha, NE 68103-0330, by
telephone at<PHONE_NUMBER>, by facsimile at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>    Pursuant to Sec.  157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will issue a Notice
of Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the environmental assessment (EA) for this proposal. The issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No.

CP16- 4-001, the Commission will apply its revised practice concerning
out-of-time motions to intervene in any new NGA section 3 or section 7
proceeding.\1\ Persons desiring to become a party to a certificate
proceeding are to intervene in a timely manner. If seeking to intervene
out-of-time, the movant is required to ``show good cause why the time
limitation should be waived,'' and should provide justification by
reference to factors set forth in Rule 214(d)(1) of the Commission's
Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ] 61,167 at
] 50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    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.
    Comment Date: 5:00 p.m. Eastern Standard Time on July 16, 2020.

    Dated: June 25, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-14185 Filed 6-30-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26583-26586]
[FR Doc No: 2021-10172]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91804; File No. SR-CboeBYX-2021-012]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change Relating to the Exchange's Process for
Re-Opening Securities Listed on Other National Securities Exchanges
Following the Resumption of Trading After a Halt, Suspension, or Pause
During the Early Trading Session, Pre-Opening Session, or After Hours
Trading Session

May 10, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 26, 2021, Cboe BYX Exchange, Inc. (``Exchange'' or ``BYX'')
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 by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes rule change to amend the Exchange's process
for re-opening securities listed on other national securities exchanges
following the resumption of trading after a halt, suspension, or pause
during the Early Trading Session, Pre-Opening Session, or After Hours
Trading Session.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
process for re-opening securities listed on other national securities
exchanges following the resumption of trading after a halt, suspension,
or pause during the Early Trading Session,\3\ Pre-Opening Session,\4\
or After Hours Trading Session.\5\ BYX Rule 11.23 describes the
Exchange's opening process for securities listed on other national
securities exchanges, including the process for re-opening such
securities following the resumption of trading after a halt,
suspension, or pause. On November 5, 2020, the Exchange filed a
proposed rule change to amend its re-opening process pursuant to BYX
Rule 11.23 for securities listed on the New York Stock Exchange LLC
(``NYSE'') following the resumption of trading after a halt,
suspension, or pause during the Early Trading Session, Pre-Opening
Session, or After Hours Trading Session.\6\ That filing was approved by
the Commission on December 28, 2020.\7\ The Exchange now proposes to
further amend BYX Rule 11.23 to adopt a harmonized re-opening process
for securities listed on NYSE (``Tape A''), securities listed on
exchanges other than The Nasdaq Stock Market LLC (``Nasdaq'') and NYSE
(``Tape B''); and securities listed on Nasdaq (``Tape C'') following
the resumption of trading after a halt, suspension, or pause during the
Early Trading Session, Pre-Opening Session, or After Hours Trading
Session. The Exchange believes that the proposed harmonized process for
Tape A, B, and C securities would simplify its procedures and provide a
more effective re-opening process for securities that resume trading
outside of Regular Trading Hours.\8\
---------------------------------------------------------------------------

    \3\ The term ``Early Trading Session'' means the time between
7:00 a.m. and 8:00 a.m. Eastern Time. See BYX Rule 1.5(ee).
    \4\ The term ``Pre-Opening Session'' means the time between 8:00
a.m. and 9:30 a.m. Eastern Time. See BYX Rule 1.5(r).
    \5\ The term ``After Hours Trading Session'' means the time
between 4:00 p.m. and 8:00 p.m. Eastern Time. See BYX Rule 1.5(c).
    \6\ See Securities Exchange Act Release No. 90421 (November 13,
2020), 85 FR 73826 (November 19, 2020) (SR-CboeBYX-2020-032).
    \7\ See Securities Exchange Act Release No. 90804 (December 28,
2020), 86 FR 158 (January 4, 2021) (Approval Order).
    \8\ The term ``Regular Trading Hours'' means the time between
9:30 a.m. and 4:00 p.m. Eastern Time. See BYX Rule 1.5(w).
---------------------------------------------------------------------------

    As amended pursuant to SR-CboeBYX-2020-032, BYX Rule 11.23(e)(3)
provides that during the Early Trading Session, Pre-Opening Session, or
After Hours Trading Session, Tape A securities that resume trading
after a halt, suspension, or pause will be automatically re-opened
pursuant to the Exchange's contingent open procedures, as described in
BYX Rule 11.23(d), after one second has passed following the Exchange's
receipt of the first NBBO following such resumption of trading. This
rule was adopted to automate the prior manual process that would
otherwise be used to initiate the re-opening of Tape A securities when
NYSE was not open for trading. Consistent with that intent, the
Exchange proposed to continue to re-open Tape A securities using the
same contingent open procedures that would apply when the Exchange
manually initiated its re-opening process pursuant to BYX Rule
11.23(e)(2). As a result, when the Exchange re-opens Tape A securities
during pre- and post-market trading sessions today, orders are handled
in time sequence and placed on the BYX Book, routed, cancelled, or
executed in accordance with the terms of the order. This differs from
the standard processed used by the Exchange during Regular Trading
Hours, where the Exchange seeks to execute queued orders at the
midpoint of the national best bid or offer (``NBBO'').\9\ After
additional consideration, the Exchange believes that market
participants and investors would be better served by utilizing its
standard midpoint re-opening in these circumstances as doing so would
promote greater consistency with the process used by the Exchange in
other circumstances and may generally provide executions that better
reflect the applicable market for the security.
---------------------------------------------------------------------------

    \9\ See BYX Rule 11.23(e)(1).
---------------------------------------------------------------------------

    The Exchange therefore proposes to amend BYX Rule 11.23(e) such
that the process for re-opening Tape A securities after the Exchange
has determined to initiate a re-opening would generally mirror the
standard process described in BYX Rule 11.23(e)(1), which as discussed
is designed to provide an execution at the midpoint of the NBBO. The
determination of whether to re-open such Tape A securities would,
however, continue to follow the process discussed in SR-CboeBYX-2020-
032. Thus, during the Early Trading Session, Pre-Opening Session, or
After Hours Trading Session, the re-opening process for Tape A
securities would occur at the midpoint of the NBBO after one second has
passed following the Exchange's receipt of the first NBBO following the
resumption of trading after a halt, suspension, or pause. Although the
Exchange has determined to use a midpoint re-opening process similar to
that currently described in BYX Rule 11.23(e)(1), for the reasons
discussed in SR-CboeBYX-2020-032, it remains important that the trigger
for initiating this process outside of Regular Trading Hours not be
tied to the resumption of trading on the primary listing market as NYSE
does not trade its listed securities at times when the Exchange is open
for pre- and post-market trading.
    In addition, the Exchange proposes to amend the process for re-
opening Tape B and C securities to mirror the proposed process for Tape
A securities, except that the Exchange would require the primary
listing market to have begun quoting the security before it initiates
its own re-opening process. As explained in SR-CboeBYX-2020-032, the
Exchange amended BYX Rule 11.23 to permit Tape A securities listed on
NYSE to re-open based on quoting activity on other national securities
exchanges during pre- and post-market trading when NYSE does not trade
its listed securities. However, this limitation does not exist for Tape
B or C securities as the applicable primary listing markets for those
securities each offer pre- and post-market trading sessions where
market participants can trade their listed securities.\10\ As a result,
the Exchange believes that it is desirable for Tape B and C securities
to be opened on the Exchange only after the primary listing exchange
has begun trading its listed securities, consistent with the current
BYX Rule 11.23(e), which would continue to be applied during Regular
Trading Hours. However, similar to the proposed process for re-opening
Tape A securities, the Exchange would simplify the triggers for re-
opening trading pursuant to BYX Rule 11.23(e)(1) such that its re-
opening process for Tape B and C securities during the Early Trading
Session, Pre-Opening Session, and After Hours Trading Session would
occur at the midpoint of the NBBO after one second has passed following
the publication of the first two-sided quotation by the listing
exchange following the resumption of trading after a halt, suspension,
or pause. In its effort to

simplify the re-opening process employed during these timeframes, the
Exchange would not retain a separate trigger to allow the re-opening
process to be initiated immediately when the Exchange receives both a
two-sided quotation and a trade from the listing exchange.
---------------------------------------------------------------------------

    \10\ See Nasdaq Rules, Equity 1, Section 1(a)(9); NYSE Arca,
Inc. Rule 7.34-E(a); NYSE American LLC Rule 7.34E(a).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to make a number of structural
changes to BYX Rule 11.23(e) to facilitate the amendments described
above. First, the Exchange proposes to structure BYX Rule 11.23(e)(1)
such that it would contain subparagraphs (A), (B), and (C), which each
would describe applicable differences between the Exchange's opening
process at the beginning of the Regular Trading Session, as described
in BYX Rule 11.23(a)(2) and (b), and the re-opening process employed by
the Exchange after a halt. As amended, (1) BYX Rule 11.23(e)(1)(A)
would describe the types of orders that are eligible for participation
in the re-opening process; (2) BYX Rule 11.23(e)(2)(B) would describe
the Exchange's current re-opening process, which the Exchange now
proposes to limit to Regular Trading Hours; and (3) BYX Rule
11.23(e)(2)(C) would contain language discussed above that describes
the Exchange's re-opening process during the Early Trading Session,
Pre-Opening Session, or After Hour Trading Session, i.e., for Tape A,
B, and C securities.\11\ Second, the Exchange proposes to amend BYX
Rule 11.23(e)(2) to reflect the changes discussed above. As amended,
the lead in to BYX Rule 11.23(e)(2) would state that this section
applies where the conditions required to establish the price of the re-
opening process in the now restructured BYX Rule 11.23(e)(1)(B) or (C)
have not occurred, which reflects the now renumbered sections of the
rule, including language that is in current BYX Rule 11.23(e)(1) and
BYX Rule 11.23(e)(3).\12\
---------------------------------------------------------------------------

    \11\ The Exchange would also eliminate BYX Rule 11.23(e)(3),
which currently addresses the re-opening of Tape A securities listed
on NYSE during pre- and post-market trading. As discussed, the
Exchange is proposing to harmonize the process for re-opening Tape
A, B, and C securities outside of Regular Trading Hours, and the
harmonized process discussed in this proposed rule change would be
described in BYX Rule 11.23(e)(2)(C).
    \12\ The Exchange would also eliminate language that states that
this section applies when the security has not otherwise been re-
opened for trading on the Exchange pursuant to BYX Rule 11.23(e)(3).
As discussed, the content of BYX Rule 11.23(e)(3) would be moved to
BYX Rule 11.23(e)(1)(C) with further amendments as discussed herein.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\13\ in general, and
Section 6(b)(5) of the Act,\14\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed rule change is consistent with the protection of investors and
the public interest as it would implement a streamlined process for re-
opening Tape A, B, and C securities during the Early Trading Session,
Pre-Opening Session, or After Hours Trading Session.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange currently employs different processes for re-opening
Tape A, B, and C securities during pre- and post-market trading. The
Exchange believes, however, that market participants would be better
served by a harmonized process that: (1) Ensures that the Exchange's
automated re-opening process executes orders at the midpoint of the
NBBO; and (2) eliminates unnecessary distinctions between the process
utilized for Tape A, B, and C securities. Executing the Exchange's re-
opening process during pre- and post-market trading at the midpoint of
the NBBO is beneficial to market participants as the NBBO midpoint may
more closely reflect market prices and conditions for the security
being re-opened. As a result, the Exchange believes that using the NBBO
midpoint to price its re-opening process for all securities would help
to promote a fair and orderly market. In addition, using generally
consistent triggers for initiating the Exchange's re-opening process in
Tape A, B, and C securities that resume trading during pre- and post-
market trading sessions would reduce the overall complexity of the re-
opening process employed during these timeframes. The Exchange notes,
however, that it would nevertheless require the primary listing market
to begin trading its own securities prior to re-opening trading on the
Exchange in Tape B and C securities. This limitation would not apply to
Tape A securities that NYSE does not trade outside of its regular
trading session as doing so would require unnecessary and inefficient
manual intervention by the Exchange to manually initiate trading, as
was the case prior to the filing and Commission approval of SR-CboeBYX-
2020-032. The Exchange believes that this distinction continues to be
appropriate as it is based on applicable differences between each
primary listing market's hours of operation and would continue to
promote a more streamlined automated process for initiating the re-
opening process in Tape A securities at times when NYSE does not trade
its own listed securities.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate a more efficient and harmonized re-opening
process for all securities that resume trading outside of Regular
Trading Hours, and is not designed to address any competitive issues.
All members would have their orders handled in the same manner based on
the proposed changes to the Exchange's re-opening process, and other
national securities exchanges are free to adopt the same or similar
processes if they believe that the proposed process is beneficial for
their own members. The Exchange therefore does not believe that the
proposed rule change would have any significant impact on competition.

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

    No written comments were solicited or received on the proposed rule
change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBYX-2021-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBYX-2021-012. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-CboeBYX-2021-012 and
should be submitted on or before June 4, 2021.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10172 Filed 5-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Page 60198]
[FR Doc No: 2023-18865]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-64-000.
    Applicants: Rocky Mountain Natural Gas LLC.
    Description: Sec.  284.123 Rate Filing: RMNG SOC Filing to be
effective 8/13/2023.
    Filed Date: 8/24/23.
    Accession Number: 20230824-5056.
    Comment Date: 5 p.m. ET 9/14/23.

    Docket Numbers: RP23-466-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Motion Filing: Motion Tariff Records into Effect RP23-
466-000 to be effective 8/27/2023.
    Filed Date: 8/25/23.
    Accession Number: 20230825-5057.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: RP23-978-000.
    Applicants: EQT Energy, LLC, THQ Marketing, LLC.
    Description: Joint Petition for Temporary Waivers of Capacity
Release Regulations, et al. of EQT Energy, LLC, et al.
    Filed Date: 8/24/23.
    Accession Number: 20230824-5121.
    Comment Date: 5 p.m. ET 9/8/23.

    Docket Numbers: RP23-979-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Compliance filing: Cancel TETCO X Rate Sch Comp Filing
to be effective 9/1/2023.
    Filed Date: 8/25/23.
    Accession Number: 20230825-5045.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: RP23-980-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing: TETLP August 2023 Penalty
Disbursement Report to be effective N/A.
    Filed Date: 8/25/23.
    Accession Number: 20230825-5070.
    Comment Date: 5 p.m. ET 9/6/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP20-1060-010.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Compliance filing: LPS Plan to be effective N/A.
    Filed Date: 8/25/23.
    Accession Number: 20230825-5124.
    Comment Date: 5 p.m. ET 9/6/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 25, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18865 Filed 8-30-23; 8:45 am]
BILLING CODE 6717-01-P