[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42959-42962]
[FR Doc No: 2020-15205]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89268; File No. SR-LCH SA-2020-002]

Self-Regulatory Organizations; LCH SA; Notice of Filing of
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
Introduction of Clearing of the New Markit iTraxx MSCI ESG Screened
Europe Index Contracts

July 9, 2020.
    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 June 26, 2020, Banque Centrale de Compensation, which conducts
business under the name LCH SA (``LCH SA''), filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II and III below, which Items have been prepared
primarily by LCH SA. On July 8, 2020, LCH SA filed Amendment No. 1 to
the proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change as modified by

Amendment No. 1 from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    Banque Centrale de Compensation, which conducts business under the
name LCH SA (``LCH SA''), is proposing the Amendment 1 to the filing
LCH SA-2020-002 in order to (i) explain the few minor clarifications
made below with respect to both sections 3.2 and 3.8 and also remove
(ii) the non-relevant change made to the Legal Entity Identifier Margin
in section 6.2 of its Reference Guide: CDS Margin Framework.
    LCH SA is proposing to amend its Reference Guide: CDS Margin
Framework to permit the clearing of iTraxx MSCI ESG Screened Europe
index contracts. As further detailed below, LCH SA is also making a
number of other minor changes unrelated to the clearing of iTraxx MSCI
ESG Screened Europe index CDS transactions.
    The text of the proposed rule change has been annexed as Exhibit
5.\3\
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    \3\ All capitalized terms not defined herein have the same
definition as the Rule Book, Supplement or Procedures, as
applicable.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of these statements.

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    LCH SA is proposing to amend its Reference Guide: CDS Margin
Framework in order to introduce clearing of the iTraxx MSCI ESG
Screened Europe index CDS transactions.
    Markit launched the iTraxx MSCI ESG Screened Europe Index (``iTraxx
ESG Index'') on March 20th, 2020. This index is a subset of the iTraxx
Europe Main index. The constituents of the iTraxx MSCI ESG Screened
Europe index must meet various Corporate Responsibility Criteria. The
first series that launched on March 20th, 2020 (Series 33) has 81
constituents, all are constituents of the iTraxx Europe Main index
Series 33.
    To permit participants to submit for clearing iTraxx ESG Index
contracts, LCH SA needs to modify its Reference Guide: CDS Margin
Framework.
    In this regard, LCH SA has made the following changes to the
Reference Guide: CDS Margin Framework:

    (i) Removing references to specific indices in the document and
replacing them with a generic reference to an index in sections
2.3.3, and <IP_ADDRESS>,
    (ii) removing the fixed 24% value and changing the spread shock
formula for it to be applicable more generically to both iTraxx Main
index and any of its sub index including financial Single Names.

    Clearing of the new iTraxx ESG Index contracts will not require any
other changes to LCH SA CDSClearing Rule Book or risk management
framework or other policies and procedures constituting rules within
the meaning of the Securities Exchange Act of 1934 (``Act'').
    LCH SA is also taking this opportunity to make the following
changes which are unrelated to the clearing of iTraxx MSCI ESG Screened
Europe index CDS transactions;

    (i) removing the list of Dealers in section 2.3.3 as LCH SA may
contact a broader list of Dealers than that currently listed in this
section;
    (ii) correction in section 3.2 of a typing error to confirm the
relevant application of the Wrong Way Risk Margin to Options;
    (iii) correction of the worst 5 day P&L value per date and the
worst P&L value aggregated per date formulae in section 3.5.6. to
reflect the fact that the same date is selected to calculate the
portfolio P&L for all contracts in the portfolio;
    (iv) the 9M curve has been removed from the Interest Rate Risk
Margin calculation in section 3.6, reflecting the change of interest
rate curve imposed by ISDA within the framework of the risk-free
rate benchmark review;
    (v) clarification under section 3.8 that the short charge is
covering the risk that at least one entity defaults;
    (vi) the Wrong Way Risk formulae in section 3.8.1 were
incomplete, the second value ``0'' to be used to derive the maximum
resulting from these formulae has been added.

    At the request of LCH SA Risk Model Validation team so that the
CDSClear risk framework can be better assessed, LCH SA is making the
relevant clarifications specified under the below subsections (vii) to
(xii):

    (vii) Adding a note in section <IP_ADDRESS> that clarifies that the
recovery rate for a Senior Unsecured Debt (Corporate/Financial)/
Foreign Currency Sovereign Debt (Government) (SNRFOR) and Senior
Loss Absorbing Capacity (SNRLAC) seniorities are considered as if
they were two different instruments;
    (viii) adding a note in section 3.8.2 to explicit the
calibration of the shocks displayed in the table;
    (ix) adding a note in section <IP_ADDRESS> to describe the parameters
used in the formula;
    (x) the Average Liquidity Score formula has been amended and a
note inserted in order to clarify which days are used to compute the
Average Liquidity Score;
    (xi) the net notional for the index basis product p, tenor t
used in the formula for the sum of the 5Y equivalent notional has
been amended to an absolute value;
    (xii) in view of the upcoming supervisory/regulatory transition
from the Euro Overnight Index Average (EONIA) to the new Euro Short-
Term Rate (ESTER or [euro]STR) and the Fed Funds to the Secured
Overnight Financing Rate (SOFR), references to the interest rate
applied to the Price Alignment Interest in section 5.2 have been
removed.
2. Statutory Basis
    LCH SA has determined that Proposed Rule Change is consistent with
the requirements of Section 17A of the Securities Exchange Act
(``Act'') \4\ and regulations thereunder applicable to it. Section
17A(b)(3)(F) of the Act requires, inter alia, that the rules of a
clearing agency ``assure the safeguarding of securities and funds that
are in its custody or control or for which it is responsible . . . and,
in general, to protect investors and the public interest.'' \5\
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    \4\ 15 U.S.C. 78q-1.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    LCH SA believes that acceptance of the new iTraxx ESG Index
contracts, on the terms and conditions set out in the Rules, is
consistent with the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts and
transactions cleared by LCH SA, the safeguarding of securities and
funds in the custody or control of LCH SA or for which it is
responsible, and the protection of investors and the public interest,
within the meaning of Section 17A(b)(3)(F) of the Act. Indeed, the new
iTraxx ESG Index contracts proposed for clearing are similar to the
other European Indices contracts currently cleared by LCH SA CDSClear,
and will be cleared pursuant to LCH SA's existing clearing arrangements
and related financial safeguards, protections and risk management
procedures.
    Clearing of the iTraxx ESG Index contracts will also satisfy the
relevant requirements of Rule 17Ad-22,\6\ as set forth in the following
discussion.
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    \6\ 17 CFR 240.17Ad-22.
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    Margin Requirements. Rule 17Ad-22(e)(4) \7\ requires LCH SA to
effectively identify, measure, monitor, and manage its credit exposures
to participants and

those arising from its payment, clearing, and settlement processes. In
terms of financial resources, LCH SA will apply its existing margin
methodology--including its Wrong Way Risk margin framework--to the new
iTraxx ESG Index, which are similar to the European indices currently
cleared by LCH SA. LCH SA believes that this model will provide
sufficient margin requirements to cover its credit exposure to its
clearing members from clearing such contracts, consistent with the
requirements of Rule 17Ad-22(e)(4).
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    \7\ 17 CFR 240.17Ad-22(e)(4).
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    Financial Resources. Rule 17Ad-22(e)(4)(i) \8\ requires LCH SA to
maintain sufficient financial resources to cover its credit exposure to
each participant fully with a high degree of confidence and to the
extent not already maintained pursuant to paragraph (e)(4)(i), Rule
17Ad-22(e)(4)(ii) \9\ requires LCH SA to maintain additional financial
resources at the minimum to enable it to cover a wide range of
foreseeable stress scenarios that include, but are not limited to, the
default of the two participant families that would potentially cause
the largest aggregate credit exposure for the covered clearing agency
in extreme but plausible market conditions. LCH SA believes its Default
Fund, under its existing methodology, will, together with the required
margin, provide sufficient financial resources to support the clearing
of the iTraxx ESG Index contracts, consistent with the requirements of
Rule 17Ad-22(e)(4).
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    \8\ 17 CFR 240.17Ad-22(e)(4)(i).
    \9\ 17 CFR 240.17Ad-22(e)(4)(ii).
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    Operational Resources. Rule 17Ad-22(e)(3) \10\ requires LCH SA to
maintain a sound risk management framework for comprehensively managing
legal, credit, liquidity, operational, general business, investment,
custody, and other risks that arise in or are borne by the covered
clearing agency. LCH SA believes that its existing operational and
managerial resources will be sufficient for clearing of the iTraxx ESG
Index contracts, consistent with the requirements of Rule 17Ad-
22(e)(3), as this new index contract is substantially the same from an
operational perspective as the existing index contracts.
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    \10\ 17 CFR 240.17Ad-22(e).
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    LCH SA will also apply its existing default management policies and
procedures for the iTraxx ESG Index contracts. LCH SA believes that
these procedures allow for it to take timely action to contain losses
and liquidity pressures and to continue meeting its obligations in the
event of clearing member insolvencies or defaults in respect of the
additional single names, in accordance with Rule 17Ad-22(e)(13).
    The proposed change regarding the transition from EONIA which does
not comply with the recently introduced EU Benchmarks Regulation to
ESTER is intended to comply with this European Central Bank (ECB)
initiative supported by regulators. Rule 17Ad-22(e)(1) \11\ requires a
covered clearing agency to provide for a well-founded, clear,
transparent and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions. Rule 17Ad-22(e)(2)(iii) \12\
also requires to support the objectives of participants.
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    \11\ 17 CFR 240.17Ad-22 (e)(1).
    \12\ 17 CFR 240.17Ad-22(e)(iii).
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    For all these reasons, LCH SA believes that the Proposed Rule
Change is consistent with the requirements of Section 17A of the Act
and the regulations thereunder, including the standards under Rule
17Ad-22.

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\13\ The iTraxx
ESG Index contracts will be available to all LCH SA's CDSClear
participants for clearing. The clearing of these new iTraxx ESG Index
contracts by LCH SA does not preclude the offering of the iTraxx ESG
Index contracts for clearing by other market participants. Accordingly,
LCH SA does not believe that clearance of the new iTraxx ESG Index
contracts will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
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    \13\ 15 U.S.C. 78q-1(b)(3)(I).
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C. Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. LCH SA will notify the Commission of any written
comments received by LCH SA.

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 self-regulatory organization 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-LCH SA-2020-002 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-LCH SA-2020-002. 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 LCH SA and on LCH SA's website
at: https://www.lch.com/resources/rules-and-regulations/proposed-rule-changes-0. 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-LCH SA-2020-002 and should be submitted on or before August 5, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15205 Filed 7-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53008-53012]
[FR Doc No: 2016-18518]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0539; FRL-9950-29-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Prevention of Significant Deterioration and Approval of
Infrastructure State Implementation Plans for Specific National Ambient
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the West Virginia
Department of Environmental Protection (WVDEP) for the State of West
Virginia on June 3, 2015. This revision pertains to West Virginia's
Prevention of Significant Deterioration (PSD) permit program
regulations for preconstruction permitting requirements for major
sources. The revision includes a change in West Virginia's PSD
regulations related to emissions of fine particulate matter
(PM2.5). The State's June 3, 2015 submittal satisfies its
obligations pursuant to an earlier rulemaking in which EPA granted
final conditional approval of West Virginia's PSD implementing
regulations. This action also addresses specific infrastructure program
elements specified in Clean Air Act (CAA) section 110(a)(2) necessary
to implement, maintain, and enforce several national ambient air
quality standards (NAAQS). This action is being taken under the CAA.

DATES: This final rule is effective on September 12, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0539. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 601 57th Street SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Wentworth,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2016 (81 FR 1133), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. In the NPR,
EPA proposed approval of a revision to West Virginia's PSD permit
program regulations for preconstruction permitting requirements for
major sources. The revision includes revised West Virginia PSD
regulations related to emissions of PM2.5. The formal SIP
revision was submitted by the State of West Virginia on June 3, 2015.

II. Summary of SIP Revision

    The SIP revision submitted by WVDEP on June 3, 2015 pertains to
revisions to its PSD permit program regulations at 45CSR14-16.7.c that
establish a significant monitoring concentration (SMC) value of zero
micrograms per cubic meter for PM2.5. The submission of this
revision allows EPA to change its conditional approval of 45CSR14 to a
full approval. Because this submission fulfills the commitment made by
West Virginia in the final conditional approval of West Virginia's
earlier submittals of revisions to 45CSR14 as discussed in the NPR, EPA
is now fully approving West Virginia's PSD regulations at 45CSR14 in
its entirety as 45CSR14 meets requirements in the CAA and its
implementing regulations and removing the prior conditional approval.
See 80 FR 36483 (final conditional approval of prior SIP submissions of
revisions to 45CSR14).
    With its submittal, West Virginia has made all of the changes to
its PSD implementing regulations necessary to address PM2.5
as prescribed by the CAA, 40 CFR 51.166, and the May 16, 2008 new
source review implementation rule for PM2.5 at 73 FR 28321.
Because West Virginia's regulations at 45CSR14 fully meet the federal
requirements for PSD in the CAA, EPA also found that West Virginia's
PSD program now addresses specific PSD-related portions of the
infrastructure program elements in section 110(a)(2) of the CAA for the
1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS,
the 2008 lead and ozone NAAQS, and the 2010 nitrogen dioxide
(NO2) and sulfur dioxide (SO2) NAAQS. Other
specific requirements of and the rationale for EPA's approval action of
West Virginia's revised PSD regulations and relevant infrastructure SIP
revisions for several NAAQS are explained in the NPR and will not be
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving this SIP revision submitted by WVDEP as a revision
to the West Virginia SIP for its PSD program and removing a prior
conditional approval on the PSD program. In this action, EPA is also
approving several of West Virginia's infrastructure SIP revisions as
meeting the PSD elements of section 110(a)(2) of the CAA for the 1997
ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the
2008 lead and ozone NAAQS, and the 2010 NO2 and
SO2 NAAQS.

IV. Incorporation by Reference

    In this rule the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of 45CSR14-
16.7.c, described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or may be
viewed at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 11, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action which revises West Virginia's PSD regulations
related to emissions of PM2.5 and which approves portions of
several infrastructure SIPs as addressing PSD elements in CAA section
110(a)(2) may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 25, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520:
0
a. The table in paragraph (c) is amended by revising the entries for
45CSR Series 14.
0
b. The table in paragraph (e) is amended by revising the entries for:
0
i. Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour
Ozone NAAQS,
0
ii. Section 110(a)(2) Infrastructure Requirements for the 1997
PM2.5 NAAQS,
0
iii. Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQS,
0
iv. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS,
0
v. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour
Ozone NAAQS,
0
vi. Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide NAAQS, and
0
vii. Section 110(a)(2) Infrastructure Requirements for the 2010 1-Hour
Sulfur Dioxide NAAQS.
    The revised text reads as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
 State citation [Chapter 16-20                             State effective                        explanation/
          or 45 CSR ]                 Title/Subject             date        EPA Approval date    Citation at 40
                                                                                CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1................  General................        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-2................  Definitions............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-3................  Applicability..........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-4................  Ambient Air Quality            06/01/2015  08/11/2016,        .................
                                  Increments and                             [Insert Federal
                                  Ceilings.                                  Register
                                                                             citation].
Section 45-14-5................  Area Classification....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-6................  Prohibition of                 06/01/2015  08/11/2016,        .................
                                  Dispersion Enhancement                     [Insert Federal
                                  Techniques.                                Register
                                                                             citation].
Section 45-14-7................  Registration, Report           06/01/2015  08/11/2016,        .................
                                  and Permit                                 [Insert Federal
                                  Requirements for Major                     Register
                                  Stationary Sources and                     citation].
                                  Major Modifications.
Section 45-14-8................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to Control Technology.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-9................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to the Source's Impact                     [Insert Federal
                                  on Air Quality.                            Register
                                                                             citation].
Section 45-14-10...............  Modeling Requirements..        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-11...............  Air Quality Monitoring         06/01/2015  08/11/2016,        .................
                                  Requirements.                              [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-12...............  Additional Impacts             06/01/2015  08/11/2016,        .................
                                  Analysis Requirements.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-13...............  Additional Requirements        06/01/2015  08/11/2016,        .................
                                  and Variances for                          [Insert Federal
                                  Source Impacting                           Register
                                  Federal Class 1 Areas.                     citation].
Section 45-14-14...............  Procedures for Sources         06/01/2015  08/11/2016,        .................
                                  Employing Innovative                       [Insert Federal
                                  Control Technology.                        Register
                                                                             citation].
Section 45-14-15...............  Exclusions From                06/01/2015  08/11/2016,        .................
                                  Increment Consumption.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-16...............  Specific Exemptions....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-17...............  Public Review                  06/01/2015  08/11/2016,        .................
                                  Procedures.                                [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-18...............  Public Meetings........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-19...............  Permit Transfer,               06/01/2015  08/11/2016,        .................
                                  Cancellation and                           [Insert Federal
                                  Responsibility.                            Register
                                                                             citation].
Section 45-14-20...............  Disposition of Permits.        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-21...............  Conflict with Other            06/01/2015  08/11/2016,        .................
                                  Permitting Rules.                          [Insert Federal
                                                                             Register
                                                                             citation].

Section 45-14-25...............  Actual PALs............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-26...............  Inconsistency Between          06/01/2015  08/11/2016,        .................
                                  Rules.                                     [Insert Federal
                                                                             Register
                                                                             citation].

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

* * * * *
    (e) * * *

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)                Statewide........  12/3/07, 5/21/08.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 1997 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                thereof:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
                                                    12/3/07, 12/11/    10/17/12, 77 FR    Approval of the
                                                     07, 8/31/11.       63736.             following PSD-related
                                                                                elements or portions
                                                                                thereof:
                                                                                110(a)(2)(D)(i)(II),
                                                                                except taking no
                                                                                action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  4/3/08, 5/21/08,   8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                         7/9/08, 3/18/10.   47062.             the following CAA
 for the 1997 PM2.5 NAAQS.                                                                 elements or portions
                                                                                thereof:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
                                                    12/11/07, 4/3/08,  10/17/12, 77 FR    Approval of the
                                                     8/31/11.           63736.             following PSD-related
                                                                                elements or portions
                                                                                thereof: 110(a)(2)(D)
                                                                                (i)(II), except
                                                                                taking no action on
                                                                                the definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  10/1/09, 3/18/10.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 2006 PM2.5 NAAQS.                                                                 elements or portions
                                                                                thereof:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
                                                    10/1/09, 8/31/11.  10/17/12, 77 FR    Approval of the
                                                                        63736.             following PSD-related
                                                                                elements or portions
                                                                                thereof: 110(a)(2)(D)
                                                                                (i)(II), except
                                                                                taking no action on
                                                                                the definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.

                                                  * * * * * * *
Section 110(a)(2)                Statewide........  10/26/11.........  9/10/12, 77 FR     This action addresses
 Infrastructure Requirements                                            55417.             the following CAA
 for the 2008 Lead NAAQS.                                                                  elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M), or
                                                                                portions thereof.
                                                    8/31/11, 10/26/11  10/17/12, 77 FR    Approval of the
                                                                        63736.             following elements or
                                                                                portions thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and (J),
                                                                                except taking no
                                                                                action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                See Sec.   52.2520.
Section 110(a)(2)                Statewide........  8/31/11, 2/17/12.  10/17/12, 77 FR    Approval of the
 Infrastructure Requirements                                            63736.             following PSD-related
 for the 2008 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                thereof:
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II), and (J),
                                                                                except taking no
                                                                                action on the
                                                                                definition of
                                                                                ``regulated NSR
                                                                                pollutant'' found at
                                                                                45CSR14 section 2.66
                                                                                only as it relates to
                                                                                the requirement to
                                                                                include condensable
                                                                                emissions of
                                                                                particulate matter in
                                                                                that definition. See
                                                                                Sec.   52.2522(i).
                                                    2/17/12..........  4/7/2014,........  This action addresses
                                                                       79 FR 19001......   the following CAA
                                                                                elements, or portions
                                                                                thereof:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
                                                    7/24/14..........  3/9/15,..........  Addresses CAA element
                                                                       80 FR 12348......   110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                See Sec.   52.2520.

                                                  * * * * * * *
Section 110(a)(2)                Statewide........  12/13/12.........  1/22/14, 78 FR     This action addresses
 Infrastructure Requirements                                            3504.              the following CAA
 for the 2010 Nitrogen Dioxide                                                             elements:
 NAAQS.                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M), or
                                                                                portions thereof.
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                See Sec.   52.2520.

                                                  * * * * * * *
Section 110(a)(2)                Statewide........  6/25/13..........  10/16/14, 79 FR    This action addresses
 Infrastructure Requirements                                            62035.             the following CAA
 for the 2010 1-Hour Sulfur                                                                elements:
 Dioxide NAAQS.                                                                            110(a)(2)(A), (B),
                                                                                (C) (enforcement and
                                                                                minor new source
                                                                                review), (D)(ii),
                                                                                (E)(i) and (iii),
                                                                                (F), (G), (H), (J)
                                                                                (consultation, public
                                                                                notification, and
                                                                                visibility
                                                                                protection), (K),
                                                                                (L), and (M).
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                See Sec.   52.2520.

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

[FR Doc. 2016-18518 Filed 8-10-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7803-7805]
[FR Doc No: 2015-02854]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0863; FRL-9921-51-Region 9]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern criteria air
pollutants including oxides of nitrogen (NOX) and
particulate matter (PM) emissions from boilers, steam generators, and
process heaters. We are approving local rules that regulate these
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on April 13, 2015 without further notice,
unless EPA receives adverse comments by March 16, 2015. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0863, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?

    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this rule with the dates that
they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4307  Boilers, Steam Generators,         05/19/11        07/25/14
                                                      and Process Heaters--2.0
                                                      MMBtu/hr to 5.0 MMBtu/hr.
SJVUAPCD...........................            4308  Boilers, Steam Generators,         11/14/13        05/13/14
                                                      and Process Heaters--0.075
                                                      MMBtu/hr to less than 2.0
                                                      MMBtu/hr.
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014 and July 18, 2014, EPA determined that the
submittals for SJVUAPCD 4307 and SJVUAPCD 4308 met the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 4307 into the SIP on January
13, 2010 (75 FR 1715) and Rule 4308 on December 30, 2010 (76 FR 5276).

C. What is the purpose of the submitted rule revisions?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment. PM
contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control
NOX and PM emissions. Rule 4307 contains emissions
limitations for NOX and PM. It has also been revised to
require tree nut pasteurizers to be fired using Public Utility
Commission (PUC) quality natural gas and also adds recordkeeping
requirements for those units. Rule 4308 has emissions limitations for
NOX and has been revised to lower the emission limit for
certain types of instantaneous water heaters and removes outdated
language. EPA's technical support documents (TSDs) have more
information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    40 CFR part 81 describes SJVUAPCD as regulating an extreme
nonattainment area for the 8-hour 1997 and 2008 Ozone National Ambient
Air Quality Standards (NAAQS) and a non-attainment area for the 24-hr
1997 and 2006 PM2.5 NAAQS. Our evaluation of these rules
focuses on NOXbecause it is a precursor to ozone and PM. SIP
rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:

1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21,
2001).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule'' (``the NOX Supplement,'' 57 FR
55620, November 25, 1992).
5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers''
(EPA-453/R-94-022-1994/03, March 1994).
6. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' (CARB, July 18, 1991).

    Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each NOX major source in ozone
nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)). As noted earlier, SJVUAPCD regulates an ozone
nonattainment area classified as extreme for the 1997 and 2008 8-hour
standard, so Rules 4307 and 4308 must implement RACT.
    Generally, SIP rules must implement Reasonably Available Control
Measures (RACM), including RACT, in PM2.5 nonattainment
areas. As noted earlier, SJVUAPCD regulates a PM2.5
nonattainment area, so SJVUAPCD must implement RACM/RACT.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, RACM, and SIP relaxations. The
TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but are not currently
the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by March 16, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public

that the direct final approval will not take effect and we will address
the comments in a subsequent final action based on the proposal. If we
do not receive timely adverse comments, the direct final approval will
be effective without further notice on April 13, 2015. This will
incorporate these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 13, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: December 29, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(441) (i)(D)(3)
and (c)(447)(i)(B) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (441) * * *
    (i) * * *
    (D) * * *
    (3) Rule 4308, ``Boilers, Steam Generators, and Process Heaters--
0.075 MMBtu/hr to less than 2.0 MMBtu/hr,'' amended on November 14,
2013.
* * * * *
    (447) * * *
    (i) * * *
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--
2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
* * * * *
[FR Doc. 2015-02854 Filed 2-11-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]
[Page 9797-9798]
[DOCID:fr05mr07-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55334; File No. SR-CHX-2007-03]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding a Change to the Trading Phase Date

February 23, 2007.
    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 February 2, 2007, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by CHX. The
Exchange has filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to change the definition
of the Regulation NMS ``Trading Phase Date'' from February 5, 2007 to
March 5, 2007. The text of the proposed rule change is available at
CHX, the Commission's Public Reference Room, and http://www.chx.com/rules/proposed_rules.htm
.

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

    In its filing with the Commission, CHX 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. CHX 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 Exchange's rules currently define the Trading Phase Date as
February 5, 2007.\5\ The Trading Phase Date is the final date for the
full operation of Regulation NMS-compliant trading systems of automated
trading centers that intend to qualify their quotations for trade-
through protection during the Regulation NMS roll-out. On January 24,
2007, the Commission extended the Trading Phase Date from February 5,
2007 to March 5, 2007.\6\ Through this filing, the Exchange would
change its rules to reflect the March 5, 2007 date.
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    \5\ Several of the Exchange's order types (including, but not
limited to, its various types of intermarket sweep orders) are not
available until the Trading Phase Date.
    \6\ See Securities Exchange Act Release No. 55160 (January 24,
2007), 72 FR 4202 (January 30, 2007).
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2. Statutory Basis
    CHX believes the proposal is consistent with the requirements of
the Act and the rules and regulations thereunder that are applicable to
a national securities exchange, and, in particular, with the
requirements of Section 6(b) of the Act.\7\ The Exchange believes that
the proposal is consistent with Section 6(b)(5) of the Act,\8\ because
it is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest by allowing CHX to amend its rules to
reflect the recently-approved change in the Trading Phase Date.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to section 19(b)(3)(A)
of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would permit the Exchange to immediately update its rules to reflect
that the Trading Phase Date has been changed to March 5, 2007. For this
reason, the Commission designates the proposed rule change to be
operative upon filing with the Commission.\13\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. CHX has satisfied the five-day pre-filing notice
requirement.
    \12\ Id.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CHX-2007-03 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-CHX-2007-03. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of CHX. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-CHX-2007-03 and should be submitted on or before March 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3753 Filed 3-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Page 55694]
[FR Doc No: 2013-22093]

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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 Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1313-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Negotiated Rate Filing--September 2013--Tenaska
Attachment A to be effective 12/31/9998.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5115.
    Comments Due: 5 p.m. ET 9/16/13.

    Docket Numbers: CP13-538-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Application for Authorization of Abandonment of
Southern Natural Gas Company, L.L.C.
    Filed Date: 8/23/13.
    Accession Number: 20130823-5164.
    Comments Due: 5 p.m. ET 9/13/13.

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

Filings in Existing Proceedings

    Docket Numbers: CP11-56-003.
    Applicants: Texas Eastern Transmission, LP.
    Description: Verification for Amendment Application of Texas
Eastern Transmission, LP.
    Filed Date: 9/5/13.
    Accession Number: 20130905-5024.
    Comments Due: 5 p.m. ET 9/13/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR Sec.  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 by
clicking on the links or 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>.

Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2013-22093 Filed 9-10-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36096]
[DOCID:fr25jn08-99]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1766-DR]

Indiana; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and
related determinations.

EFFECTIVE DATE: June 13, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Indiana is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 8, 2008.

    Adams and Knox Counties for Individual Assistance.
    Brown, Clay, Daviess, Dearborn, Greene, Henry, Jackson,
Jennings, Owen, Rush, Shelby, and Sullivan Counties for Individual
Assistance (already designated for emergency protective measures
[Category B], limited to direct Federal assistance, under the Public
Assistance program.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-14332 Filed 6-24-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Page 22839]
[FR Doc No: 2019-10424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1826-000]

Bolt Energy, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Bolt Energy, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 3, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: May 14, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-10424 Filed 5-17-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22475-22476]
[FR Doc No: 2018-10292]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1548-000]

Seguro Energy Partners, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Seguro Energy Partners, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 29, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC

Online service, please email [email protected]. or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 9, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10292 Filed 5-14-18; 8:45 am]
 BILLING CODE 6717-01-P