[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Proposed Rules]
[Pages 43371-43373]
[FR Doc No: 2015-17853]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0268; FRL-9930-92-Region 7]

Approval and Promulgation of Implementation Plans; State of
Missouri; Control of Petroleum Liquid Storage, Loading and Transfer

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State Implementation Plan (SIP) revision submitted by the
state of Missouri. This revision includes regulatory amendments that
remove the requirements of stage II vapor recovery control systems at
gasoline dispensing facilities in the St. Louis area, revises
certification and testing procedures for stage I vapor recovery
systems, prohibits above ground storage tanks at gasoline dispensing
facilities, and includes general revisions to better clarify the rule.
These revisions to Missouri's SIP do not have an adverse effect on air
quality as demonstrated in Missouri's technical demonstration document
and EPA's technical support demonstration which is a part of this
docket.

DATES: Comments must be received on or before August 21, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0268, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery or Courier: Steven Brown, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0268. EPA's policy is that all comments

received will be included in the public docket without change and may
be made available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket. All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, 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 www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. EPA requests that you contact the person listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Steven Brown Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed?

    EPA proposes to approve the SIP revision submitted by the state of
Missouri that removes the requirements of stage II vapor recovery
control systems at gasoline dispensing facilities in the St. Louis area
including minor revisions to the rule as described below.
    On November 20, 2014, MDNR submitted a request to revise the SIP to
include the following revision to Missouri Rule 10 CSR 10-5.220,
``Control of Petroleum Liquid Storage, Loading and Transfer'': (1)
Removes the requirements of stage II vapor recovery control systems at
gasoline dispensing facilities in the St. Louis area, (2) revises
certification and testing procedures for the remaining stage I systems
consistent with California Air Resources Board (CARB) vapor recovery
requirements instead of the Missouri Performance Evaluation and Test
Procedures (MOPETP), (3) the prohibition of above ground storage tanks
at gasoline dispensing facilities, and (4) general text revisions to
better clarify the rule.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained in this proposed action, the revisions meet the
substantive SIP requirements of the CAA, including section 110(l) and
section 193 and implementing regulations. EPA has determined that the
revisions meet all applicable CAA regulations, policy and guidance as
detailed in EPA Technical Support Document and Missouri's technical
support documentation which is part of this docket.

III. What action is EPA taking?

    We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.

Statutory and Executive Order Reviews

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Missouri Regulation ``Control of Petroleum Liquid
Storage, Loading and Transfer'' described in the proposed amendments to
40 CFR part 52 set forth below. EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human

health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: June 29, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

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 AA--Missouri

0
2. In Sec.  52.1320(c), the table is amended by revising the entry for
10-5.220 to read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Missouri Regulations
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                                                                State
         Missouri citation                  Title          effective date             EPA Approval date                         Explanation
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                                                        Missouri Department of Natural Resources
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                                                                      * * * * * * *
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                       Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                                      * * * * * * *
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10-5.220..........................  Control of Petroleum         07/21/14  07/22/15 [Insert Federal Register
                                     Liquid Storage,                        citation].
                                     Loading and Transfer.

                                                                      * * * * * * *
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[FR Doc. 2015-17853 Filed 7-21-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54806-54808]
[FR Doc No: 2012-21805]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9353; 34-67747; 39-2485; IC-30185]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual and related rules to reflect
updates to the EDGAR system. The revisions are being made primarily to
support submission of Confidential Registration Statements; require
Form ID authentication documents in PDF format; automate LTID
generation for Large Trader registrations; support minor updates to
Form D; remove superseded XBRL Taxonomies; remove the OMB expiration
date from Form TA-1, TA-2, TA-W, 25-NSE; and request of unused funds.
The EDGAR system is scheduled to be upgraded to support this
functionality on July 2, 2012.

DATES: Effective Date: September 6, 2012. The incorporation by
reference of the EDGAR Filer Manual is approved by the Director of the
Federal Register as of September 6, 2012.

FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions on Confidential Registration Statement, Form ID,
and Forms D contact Jeffrey Thomas, Office of Information Technology,
at<PHONE_NUMBER>; in the Division of Risk, Strategy, and Financial
Innovation for questions concerning XBRL Taxonomies contact Walter
Hamscher, at<PHONE_NUMBER>; in the Division of Trading and Markets for
questions concerning Form 13H contact Richard R. Holley III, at (202)
551-5614, for questions concerning Form TA contact Kenneth Riitho, at
(202) 551-5592; and in the Office of Information Technology, contact
Rick Heroux, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The Filer Manual describes the
technical formatting requirements for the preparation and submission of
electronic filings through the EDGAR system.\1\ It also describes the
requirements for filing using EDGARLink Online and the Online Forms/XML
Web site. We also are making conforming changes to Rules 10 \2\ and 101
\3\ of Regulation S-T \4\ relating to the Form ID authentication
process.
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    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on March 30, 2012. See Release No. 33-9303 (March 26,
2012) [77 FR 19077].
    \2\ 17 CFR 232.10.
    \3\ 17 CFR 232.101.
    \4\ 17 CFR Part 232.
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    The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
13 (July 2012) and Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 20 (July 2012). The updated manual will be
incorporated by reference into the Code of Federal Regulations.
    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\5\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\6\
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    \5\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \6\ See Release No. 33-9303 (March 26, 2012) [77 FR 19077] in
which we implemented EDGAR Release 12.0. For additional history of
Filer Manual rules, please see the cites therein.
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    The EDGAR system will be upgraded to Release 12.1 on July 2, 2012
and will introduce the following changes: EDGAR will be updated to
support submission of confidential draft registration statements for
companies that qualify either under the JOBS Act or the Division of
Corporate Finance's foreign private issuer policy. Draft registration
statements and amendments must be submitted using submission form types
DRS and DRS/A. These confidential submission types can be accessed from
the EDGAR Filing Web site, by selecting the ``Draft Reg. Statement''
link. New filers may select the ``Access Codes will be used to submit
draft registration'' option on the Form ID application to indicate that
they are submitting an application for EDGAR access to file Draft
Registration Statements. If the filers already have an assigned EDGAR
Central Index Key (CIK), then they must use the existing CIK.
    EDGAR and Regulation S-T will require the authenticating document
for Form ID submissions to be submitted in

electronic format as a Portable Document Format (PDF) attachment.
Filers would no longer be permitted to fax the Form ID authentication
documents for new requests to apply for EDGAR access, update
passphrase, convert paper only filer to electronic filer, and access
for new serial companies.\7\
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    \7\ In addition to changing the Filer Manual provisions, we also
are amending Rule 10(b)(2) [17 CFR 232.10(b)(2)] and Rule
101(a)(1)(ix) [17 CFR 232.101(a)(1)(ix)] of Regulation S-T to
eliminate references to faxing the required authentication document.
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    EDGAR will assign a unique Large Trader identification (``LTID'')
number to any person or entity that files a new Form 13H initial
filing. The acceptance email notification that EDGAR sends to the filer
will include the assigned LTID number. On future 13H-A and 13H-Q
filings, the system will pre-populate the previously assigned LTID
number which will be unalterable by the registrant.
    In addition, Form 13H's Taxpayer Identification Number field will
accept a nine-digit Social Security Number if a filer does not have a
ten-digit Taxpayer Identification Number without requiring the filer to
use a placeholder digit. For Item 1(a), if filers indicate Investment
Adviser as their business, they can further indicate their type of
advisory business to involve ``Registered Investment Companies'' and/or
``Hedge Funds or other Funds not registered under the Investment
Company Act.'' This field, which currently allows only one of these two
options to be selected, will now allow both options to be selected.
Finally, the OMB Number and the Paperwork Reduction Act Disclosures on
the Instructions page of Form 13H will be updated.
    EDGAR will no longer support US GAAP Taxonomy 1.0, US Financial
Reporting Taxonomy Framework (USFRTF) 2005, US GAAP Taxonomy 2009, US
Schedule of Investments (SOI) Taxonomy 2008, Risk Return Taxonomy 2008,
and Risk Return Taxonomy 2006.
    Form D screens and instructions will be updated for Item 6 to
replace the reference to ``Securities Act Section 4(6)'' with
``Securities Act Section 4(5)'' as per Release No. 33-9287.
    The OMB expiration date will no longer be displayed on the Forms
TA-1, TA-2, TA-W, and 25-NSE. These forms will continue to display
other OMB Approval information. In addition, Forms 3, 4, and 5 will no
longer refer to Public Utility Holding Company Act (PUHCA).
    Filers will be able to view their account balance along with the
date and amount of their most recent deposit. Filers will also able to
view their account activity statement for the previous twelve months.
Additionally, filers will be able to request the return of unused
funds. These options will be available on the `Retrieve/Edit Company
and Submission Data' functionality of the EDGAR Filing Web site.
    The deployment of EDGAR Release 12.0.1, originally planned for July
9, 2012 to implement an online version of Form N-SAR, is being delayed
until the fourth quarter of this calendar year. The specific deployment
date will be announced on the Commission's public Web site's
``Information for EDGAR Filers'' page (http://www.sec.gov/info/edgar.shtml). Filers should continue to use the EDGAR Filer Manual,
Volume III: N-SAR Supplement to file their N-SAR submissions. When the
online version of Form N-SAR is deployed, EDGAR Filer Manual, Volume
III: N-SAR Supplement will be retired. Instructions to file the online
version of Form N-SAR addressed in Chapter 9 of EDGAR Filer Manual,
Volume II: EDGAR Filing should then be followed.
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.
    You may obtain paper copies of the updated Filer Manual at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, 100 F Street NE., Room 1543, Washington DC 20549, on
official business days between the hours of 10:00 a.m. and 3:00 p.m. We
will post electronic format copies on the Commission's Web site; the
address for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
    Since the Filer Manual and the corresponding rule changes relate
solely to agency procedures or practice, publication for notice and
comment is not required under the Administrative Procedure Act
(APA).\8\ It follows that the requirements of the Regulatory
Flexibility Act \9\ do not apply.
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    \8\ 5 U.S.C. 553(b).
    \9\ 5 U.S.C. 601-612.
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    The effective date for the updated Filer Manual and the rule
amendments is September 6, 2012. In accordance with the APA,\10\ we
find that there is good cause to establish an effective date less than
30 days after publication of these rules. The EDGAR system upgrade to
Release 12.1 is scheduled to become available on July 2, 2012. The
Commission believes that establishing an effective date less than 30
days after publication of these rules is necessary to coordinate the
effectiveness of the updated Filer Manual with the system upgrade.
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    \10\ 5 U.S.C. 553(d)(3).
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Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\11\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\12\
Section 319 of the Trust Indenture Act of 1939,\13\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\14\
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    \11\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \12\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \13\ 15 U.S.C. 77sss.
    \14\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendments

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for Part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Section 232.10 is amended by revising paragraph (b)(2), to read as
follows:

Sec.  232.10  Application of part 232.

* * * * *
    (b) * * *
    (2) File, by uploading as a Portable Document Format (PDF)
attachment to the Form ID filing, a notarized document, manually signed
by the applicant over the applicant's typed signature, that includes
the information required to be included in the Form ID filing and
confirms the authenticity of the Form ID filing.
* * * * *

0
3. Section 232.101 is amended by revising paragraph (a)(1)(ix), to read
as follows:

Sec.  232.101  Mandated electronic submissions and exceptions.

    (a) * * *
    (1) * * *
    (ix) Form ID (Sec. Sec.  239.63, 249.446, 269.7 and 274.402 of this
chapter); the Form ID authenticating document required by Rule 10(b) of
Regulation S-T (Sec.  232.10(b)) also shall be filed in electronic
format as an uploaded Portable Document Format (PDF) attachment to the
Form ID filing. Other related correspondence and supplemental
information submitted after the Form ID filing shall not be submitted
in electronic format;
* * * * *

0
4. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 13 (July 2012). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 20 (July 2012). All of these provisions have
been incorporated by reference into the Code of Federal Regulations,
which action was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You must comply with
these requirements in order for documents to be timely received and
accepted. You can obtain paper copies of the EDGAR Filer Manual from
the following address: Public Reference Room, U.S. Securities and
Exchange Commission, 100 F Street NE., Room 1543, Washington, DC 20549,
on official business days between the hours of 10:00 a.m. and 3:00 p.m.
Electronic copies are available on the Commission's Web site. The
address for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
You can also inspect the document at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to:http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: August 29, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-21805 Filed 9-5-12; 8:45 am]
BILLING CODE 8011-01-P