[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16091-16092]
[FR Doc No: 2020-05888]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC20-46-000.
    Applicants: AltaGas Pomona Energy Storage Inc.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of AltaGas Pomona Energy Storage Inc.
    Filed Date: 3/13/20.
    Accession Number: 20200313-5245.
    Comments Due: 5 p.m. ET 4/3/20.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-98-000.
    Applicants: Johanna Energy Center, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status, LLC.
    Filed Date: 3/13/20.
    Accession Number: 20200313-5194.
    Comments Due: 5 p.m. ET 4/3/20.

    Docket Numbers: EG20-99-000.
    Applicants: Dakota Range III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Dakota Range III, LLC.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5045.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: EG20-100-000.
    Applicants: Triple H Wind Project, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Triple H Wind Project, LLC.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5047.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: EG20-101-000.
    Applicants: Las Lomas Wind Project, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Las Lomas Wind Project, LLC.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5048.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: EG20-102-000.
    Applicants: Prairie Hill Wind Project, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Prairie Hill Wind Project, LLC.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5049.
    Comments Due: 5 p.m. ET 4/6/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1819-024; ER10-1820-027; ER10-1874-010; ER19-
9-004.
    Applicants: Northern States Power Company a Minnesota corporation,
Northern States Power Company a Wisconsin corporation, Mankato Energy
Center, LLC, Mankato Energy Center II, LLC.
    Description: Notice of Change in Status of Northern States Power
Company, a Minnesota corporation, et al.
    Filed Date: 3/13/20.
    Accession Number: 20200313-5205.
    Comments Due: 5 p.m. ET 4/3/20.

    Docket Numbers: ER17-827-004.
    Applicants: Midcontinent Independent System Operator, Inc., Entergy
Services, LLC.
    Description: Compliance filing: 2020-03-13_Entergy Attachment O
Compliance Filing to be effective 6/1/2015.
    Filed Date: 3/13/20.
    Accession Number: 20200313-5154.
    Comments Due: 5 p.m. ET 4/3/20.

    Docket Numbers: ER20-649-001.
    Applicants: AEP Energy Partners, Inc.
    Description: Compliance filing: MBR Tariff, FERC Electric Tariff
for Market Based Sales to be effective 1/1/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5075.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-652-001.
    Applicants: Public Service Company of Oklahoma.
    Description: Compliance filing: Market-Based Rates Tariff to be
effective 1/1/2020.

    Filed Date: 3/16/20.
    Accession Number: 20200316-5071.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1282-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
American Transmission Company LLC.
    Description: Compliance filing: 2020-03-16_ATC LLC Compliance on
Order 864 for Accumulated Deferred Income Taxes to be effective 1/27/
2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5012.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1283-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1518R19 Arkansas Electric
Cooperative Corp NITSA NOA to be effective 3/1/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5025.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1284-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3164R1 Milligan 3 Wind LLC
GIA to be effective 2/26/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5030.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1285-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3101R5 Heartland Consumers
Power District NITSA and NOA to be effective 3/1/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5031.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1296-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Request for One Time Waiver of San Diego Gas &
Electric Company of San Diego Gas & Electric Company.
    Filed Date: 3/13/20.
    Accession Number: 20200313-5225.
    Comments Due: 5 p.m. ET 4/3/20.

    Docket Numbers: ER20-1297-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3635 Enel Trading and Evergy
Kansas Central Meter Agent Agreement to be effective 2/25/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5072.
    Comments Due: 5 p.m. ET 4/6/20.

    Docket Numbers: ER20-1298-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2020-03-16_MISO TO Compliance Order
864 for Accumulated Deferred Income Taxes to be effective 1/27/2020.
    Filed Date: 3/16/20.
    Accession Number: 20200316-5081.
    Comments Due: 5 p.m. ET 4/6/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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>.

    Dated: March 16, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-05888 Filed 3-19-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74700-74703]
[FR Doc No: 2012-30268]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68398; File No. SR-ISE-2012-93]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Increase Position and Exercise Limits in EEM Options

December 11, 2012.
    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 November 28, 2012, the International Securities Exchange, LLC
(``ISE'' 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 prepared by the Exchange.
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.
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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 increase position and
exercise limits for options on the iShares MSCI Emerging Markets Index
Fund (``EEM''). The text of the proposed rule change is available on
the Exchange's Web site www.ise.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    ISE proposes to amend Supplementary Material .01 to ISE Rule 412
and Supplementary Material .01 of ISE Rule 414 to increase position and
exercise limits, respectively, for EEM options. This filing is based on
a filing previously submitted by the Chicago Board Options Exchange
(``CBOE''), which the Commission recently approved.\3\
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    \3\ See Securities Exchange Act Release No. 68086 (October 23,
2012), 77 FR 65600 (October 29, 2012) (SR-CBOE-2012-066).
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    Position limits for exchange-traded fund (``ETFs'') options, such
as EEM options, are determined pursuant to Rule 412 and vary according
to the number of outstanding shares and trading volume during the most
recent six-month trading period of an underlying stock or ETF. The
largest in capitalization and most frequently traded stocks and ETFs
have an option position limit of 250,000 contracts (with adjustments
for splits, re-capitalizations, etc.) on the same side of the market;
smaller capitalization stocks and ETFs have position limits of 200,000,
75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-
capitalizations, etc.) on the same side of the market. The current
position limit for EEM options is 250,000 contracts. The purpose of the
proposed rule change is to amend Rules 412 and 414 to increase the
position and exercise limits for EEM options to 500,000 contracts.
There is precedent for establishing position limits for options on
actively-traded ETFs and these position limit levels are set forth in
Rule 412, Supplementary Material .01.\4\
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    \4\ Rule 412, Supplementary Material .01, lists exceptions to
standard position limits which are: put or call option contracts
overlying the PowerShares QQQ Trust (``QQQQ''), for which the
position limit is currently 900,000 contracts on the same side of
the market; options overlying the Standard and Poor's Depository
Receipts[supreg] Trust (``SPY''), which currently does not have any
position limits; options overlying the iShares[supreg] Russell
2000[supreg] Index Fund (``IWM''), for which the position limit is
currently 500,000 contracts on the same side of the market; and
options overlying the Diamonds Trust (``DIA''), for which the
position limit is currently 300,000 contracts on the same side of
the market.

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    In support of this proposed rule change, and as noted by the CBOE
in its filing, the below trading statistics compare EEM to IWM and SPY.
As shown in the table, the average daily volume in 2011 for EEM was 65
million shares compared to 64.1 million shares for IWM and 213 million
shares for SPY. The total shares outstanding for EEM are 922.9 million
compared to 192.6 million shares for IWM and 716.1 million shares for
SPY. Further, the fund market cap for EEM is $41.1 billion compared to
$15.5 billion for IWM and $98.3 billion for SPY.

----------------------------------------------------------------------------------------------------------------
                                                                     2011 ADV         Shares
                      ETF                         2011 ADV (mil.      (option       outstanding     Fund market
                                                     shares)        contracts)        (mil.)        cap  ($bil)
----------------------------------------------------------------------------------------------------------------
EEM............................................             65           280,000           922.9            41.1
IWM............................................             64.1         662,500           192.6            15.5
SPY............................................            213         2,892,000           716.1            98.3
----------------------------------------------------------------------------------------------------------------

    In further support of this proposal, the Exchange represents that
EEM still qualifies for the initial listing criteria set forth in Rule
502(h) for ETFs holding non-U.S. component securities.\5\ EEM tracks
the performance of the MSCI Emerging Markets Index, which has
approximately 800 component securities.\6\ ``The MSCI Emerging Markets
Index is a free float-adjusted market capitalization index that is
designed to measure equity market performance of emerging markets. The
MSCI Emerging Markets Index consists of the following 21 emerging
market country indices: Brazil, Chile, China, Colombia, Czech Republic,
Egypt, Hungary, India, Indonesia, Korea, Malaysia, Mexico, Morocco,
Peru, Philippines, Poland, Russia, South Africa, Taiwan, Thailand, and
Turkey.'' \7\ The Exchange represents that more than 50% of the weight
of the securities held by EEM are now subject to a comprehensive
surveillance agreement (``CSA'').\8\ Additionally, the component
securities of the MSCI Emerging Markets Index on which EEM is based for
which the primary market is in any one country that is not subject to a
CSA do not represent 20% or more of the weight of the MSCI Emerging
Markets Index.\9\ Finally, the component securities of the MSCI
Emerging Markets Index on which EEM is based for which the primary
market is in any two countries that are not subject to CSAs do not
represent 33% or more of the weight of the MSCI Emerging Markets
Index.\10\
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    \5\ The Exchange notes that the initial listing criteria for
options on ETFs that hold non-U.S. component securities are more
stringent than the maintenance listing criteria for those same ETF
options. See Rule 502(h) and Rule 503(h).
    \6\ See http://us.ishares.com/product_info/fund/overview/EEM.htm and http://www.msci.com/products/indices/licensing/msci_emerging_markets/. Identification of the specific securities in EEM
and their individual concentrations can be accessed at: http://us.ishares.com/product_info/fund/holdings/EEM.htm.
    \7\ See http://www.msci.com/products/indices/tools/index.html#EM.
    \8\ See ISE Rule 502(h)(B)(1).
    \9\ See ISE Rule 502(h)(B)(2).
    \10\ See ISE Rule 502(h)(B)(3).
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    The Exchange believes that the liquidity in the underlying ETF and
the liquidity in EEM options support its request to increase the
position and exercise limits for EEM options. As to the underlying ETF,
through October 17, 2012, the year-to-date average daily trading volume
for EEM across all exchanges was 49.3 million shares. As to EEM
options, the year-to-date average daily trading volume for EEM options
across all exchanges was 250,304 contracts. The Exchange believes that
increasing position limits for EEM options will lead to a more liquid
and competitive market environment for EEM options that will benefit
customers interested in this product.
    Under the Exchange's proposal, the options reporting requirement
for EEM would continue unabated. Thus, the Exchange would still require
that each Member that maintains a position in EEM options on the same
side of the market, for its own account or for the account of a
customer, report certain information to the Exchange. This information
would include, but would not be limited to, the option position,
whether such position is hedged and, if so, a description of the hedge,
and the collateral used to carry the position, if applicable. Exchange
Market Makers would continue to be exempt from this reporting
requirement, as Market Maker information can be accessed through the
Exchange's market surveillance systems. In addition, the general
reporting requirement for customer accounts that maintain an aggregate
position of 200 or more option contracts would remain at this level for
EEM options.\11\
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    \11\ See ISE Rule 415(a).
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    As the anniversary of listed options trading approaches its
fortieth year, the Exchange believes that the existing surveillance
procedures and reporting requirements at ISE, other options exchanges,
and at the several clearing firms are capable of properly identifying
unusual and/or illegal trading activity. In addition, routine oversight
inspections of the Exchange's regulatory programs by the Commission
have not uncovered any material inconsistencies or shortcomings in the
manner in which the Exchange's market surveillance is conducted. These
procedures utilize daily monitoring of market movements via automated
surveillance techniques to identify unusual activity in both options
and underlying stocks.\12\
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    \12\ These procedures have been effective for the surveillance
of EEM options trading and will continue to be employed.
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    Furthermore, large stock holdings must be disclosed to the
Commission by way of Schedules 13D or 13G.\13\ Options positions are
part of any reportable positions and, thus, cannot be legally hidden.
Moreover, the Exchange's requirement that Members file reports with the
Exchange for any customer who held aggregate large long or short
positions of any single class for the previous day will continue to
serve as an important part of the Exchange's surveillance efforts.
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    \13\ 17 CFR 240.13d-1.
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    The Exchange believes that the current financial requirements
imposed by the Exchange and by the Commission adequately address
concerns that a Member or its customer may try to maintain an
inordinately large un-hedged position in an option, particularly on
EEM. Current margin and risk-based haircut methodologies serve to limit
the size of positions maintained by any one account by increasing the
margin and/or capital that a Member must maintain for a large position
held by it or by its customer.\14\

In addition, the Commission's net capital rule, Rule 15c3-1 \15\ under
the Securities Exchange Act of 1934 (the ``Act''), imposes a capital
charge on members to the extent of any margin deficiency resulting from
the higher margin requirement.
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    \14\ See ISE Rule 1202.
    \15\ 17 CFR 240.15c3-1.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the Act in general, and furthers the objectives of Section 6(b)(5)
of the Act \16\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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.
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    \16\ 15 U.S.C. 78f(b)(5).
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    Specifically, the proposed rule change will benefit large market
makers (which generally have the greatest potential and actual ability
to provide liquidity and depth in the product), as well as retail
traders, investors, and public customers, by providing them with a more
effective trading and hedging vehicle. In addition, the Exchange
believes that the structure of EEM options and the considerable
liquidity of the market for EEM options diminish the opportunity to
manipulate this product and disrupt the underlying market that a lower
position limit may protect against. The Exchange also believes that the
proposed rule change will benefit a greater number of market
participants who are ISE Members and members of other exchanges. This
is because EEM is a multiply-listed options class and currently there
is not a uniform and consistent position and exercise limits regime
across all of the exchanges that list EEM options. The proposed filing
will benefit market participants because it will ensure consistency and
uniformity among the competing options exchanges as to the position and
exercise limits for a multiply listed options class.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act. In this regard and as indicated above, the Exchange
notes that the rule change is being proposed as a competitive response
to a CBOE filing. ISE believes this proposed rule change is necessary
to permit fair competition among the options exchanges and to establish
uniform position limits for a multiply-listed options class.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6)
thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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. The Exchange has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that it can increase the position and
exercise limits for EEM options immediately, which will result in
consistency and uniformity among the competing options exchanges as to
the position and exercise limits for EEM options. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\19\ The Commission
notes the proposal is substantively identical to a proposal that was
recently approved by the Commission, and does not raise any new
regulatory issues.\20\ For these reasons, the Commission designates the
proposed rule change as operative upon filing.
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    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \20\ See Securities Exchange Act Release No. 68086 (October 23,
2012), 77 FR 65600 (October 29, 2012) (SR-CBOE-2012-066).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-ISE-2012-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-93. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,

Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-ISE-2012-93 and should be
submitted on or before January 7, 2013.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30268 Filed 12-14-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]
[Page 65703]
[DOCID:fr26oc10-146]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessityand Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q)During the Week Ending October 16, 2010

    The following Applications for Certificates of Public Convenience
and Necessityand Foreign Air Carrier Permits were filed under subpart
B(formerly subpart Q) of the Department of Transportation's Procedural
Regulations(See 14 CFR 301.201 et seq.).
    The due date for Answers, Conforming Applications, or Motions to
ModifyScope are set forth below for each application. Following the
Answer periodDOT may process the application by expedited procedures.
Such proceduresmay consist of the adoption of a show-cause order, a
tentative order, or inappropriate cases a final order without further
proceedings.
    Docket Number: DOT-OST-2010-0258.
    Date Filed: October 14, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope:November 4, 2010.
    Description:Joint application of Centurion Air Cargo, Inc.
(``Centurion''), Sky Lease I, Inc.d/b/a TradeWinds Airlines (``Sky
Lease'') and Arrow Air, Inc. (``Arrow'') requestingapproval of the de
facto transfer of the international certificate and exemption
authoritycurrently held by Arrow.
    Docket Number: DOT-OST-2010-0260.
    Date Filed: October 15, 2010.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope:November 5, 2010.
    Description:Application of Air Charter, Inc. dba Air Flamenco
requesting authority to conductscheduled passenger operations as a
commuter air carrier.

Renee V. Wright,
Program Manager, Docket Operations,Federal Register Liaison.
[FR Doc. 2010-27038 Filed 10-25-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7779-7784]
[FR Doc No: 2022-02772]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0818; FRL-9264-01-R9]

Air Plan Approval; California; Northern Sierra Air Quality
Management District; Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Northern Sierra Air Quality Management
District (NSAQMD or ``District'') portion of the California State
Implementation Plan (SIP). This revision concerns the District's
demonstration regarding reasonably available control technology (RACT)
requirements for the 2015 8-hour ozone national ambient air quality
standard (NAAQS or ``standards'') in the Western Nevada County
(``Western Nevada'') ozone nonattainment area (NAA), which is under the
jurisdiction of the NSAQMD. We are taking comments on this proposal and
plan to follow with a final action.

DATES: Comments must be received on or before March 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0818 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

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

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

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted document?
    B. Does the document meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the RACT SIP
    D. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    On January 25, 2021, the NSAQMD adopted the ``Reasonably Available
Control Technology (RACT) State Implementation Plan (SIP) Revision for
Western Nevada County 8-Hour Ozone Nonattainment Area'' (``2015 ozone
RACT SIP''), and on March 23, 2021, the California Air Resources Board
(CARB) submitted it to the EPA for approval as a revision to the
California SIP.
    On September 23, 2021, the submittal for the NSAQMD 2015 ozone RACT
SIP was deemed by operation of law to meet the completeness criteria in
40 CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this document?

    There are no previous versions of this document in the NSAQMD
portion of the California SIP for the 2015 8-hour ozone NAAQS.

C. What is the purpose of the submitted document?

    Volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) contribute to the production of ground-level ozone,
smog, and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOCs and NOX emissions. CAA

sections 182(b)(2) and (f) require that SIPs for areas designated
nonattainment for the ozone NAAQS and classified as Moderate or above
implement RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX.\1\
---------------------------------------------------------------------------

    \1\ Any stationary source that emits or has the potential to
emit at least 100 tpy of VOCs or NOX is a major
stationary source in a Moderate ozone nonattainment area (CAA
section 182(b)(2), (f), and 302(j)).
---------------------------------------------------------------------------

    The NSAQMD is subject to this RACT SIP requirement, as the District
regulates the Western Nevada NAA, which was classified as Moderate for
the 2015 8-hour ozone NAAQS on June 4, 2018.\2\ Therefore, to satisfy
sections 182(b)(2) and (f) of the Act, the NSAQMD must, at a minimum,
adopt RACT-level controls for all sources covered by a CTG document and
for all major non-CTG sources of VOCs or NOX within the
ozone nonattainment area that it regulates.
---------------------------------------------------------------------------

    \2\ 83 FR 25776.
---------------------------------------------------------------------------

    We note that the EPA issued a final rule on October 28, 2021, in
which it reclassified Western Nevada County as ``Serious''
nonattainment for the 2015 8-hour ozone NAAQS (``2015 ozone
NAAQS'').\3\ This final rule established a Serious area RACT SIP
deadline and implementation schedule. NSAQMD adopted its Moderate area
2015 ozone RACT SIP in January 2021, when it was classified as a
Moderate ozone NAA. We are addressing the Moderate area requirements in
this notice.
---------------------------------------------------------------------------

    \3\ 86 FR 59648.
---------------------------------------------------------------------------

    Section III.F of the preamble to the EPA's final rule to implement
the 2015 ozone NAAQS (``2015 State Requirements Rule'') finalized the
proposal ``to retain our existing RACT requirements codified in 40 CFR
51.1112 and to add new deadline requirements for certain RACT SIP
submissions . . .''.\4\ It states ``[F]or reference, the final 2008
Ozone NAAQS SIP Requirements Rule provides an extensive discussion of
the EPA's rationale and approach for how air agencies can provide for
RACT in their nonattainment SIPs (80 FR 12278; March 6, 2015).'' The
2008 ozone SIP Requirements Rule states, in part, that RACT SIPs must
contain adopted RACT regulations, certifications (where appropriate)
that existing provisions are RACT, and/or negative declarations that no
sources in the nonattainment area are covered by a specific CTG.\5\ It
also provides that states must submit appropriate supporting
information for their RACT submissions as described in the EPA's
implementation rule for the 1997 ozone NAAQS.\6\
---------------------------------------------------------------------------

    \4\ 83 FR 62998, 63007.
    \5\ 80 FR 12264, 12278.
    \6\ Id.; 70 FR 71612, 71652 (November 29, 2005).
---------------------------------------------------------------------------

    The 2015 ozone RACT SIP, including its negative declarations,
provide the NSAQMD's analysis of its compliance with CAA section 182
RACT requirements for the 2015 8-hour ozone NAAQS. The EPA's technical
support document (TSD) for this action has more information about the
District's submittal and the EPA's evaluation thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted document?

    Generally, SIP rules must require RACT for each category of sources
covered by a CTG document and for each major source of VOCs or
NOX in ozone nonattainment areas classified as Moderate or
above (see CAA sections 182(b)(2) and (f), and 40 CFR 51.1312(a) and
(b)). At the time of submittal, NSAQMD regulated an ozone nonattainment
area classified as Moderate for the 2015 ozone standard (40 CFR
81.305). Therefore, NSAQMD rules must implement RACT.\7\
---------------------------------------------------------------------------

    \7\ On October 28, 2021, the EPA reclassified the Western Nevada
2015 ozone nonattainment area from ``Moderate'' to ``Serious,'' and
established a Serious area RACT SIP deadline of November 29, 2023
(86 FR 59648).
---------------------------------------------------------------------------

    States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted RACT-level
regulations (because they have no sources above the CTG-recommended
applicability threshold), regardless of whether such negative
declarations were made for an earlier SIP.\8\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
requirements currently exist in the portion of the ozone nonattainment
area that is regulated by the District.
---------------------------------------------------------------------------

    \8\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    With respect to NSAQMD, the District's analysis must demonstrate
that each major source of VOCs or NOX in the Western Nevada
NAA is covered by a RACT-level rule. In addition, for each CTG source
category, the District must either demonstrate that a RACT-level rule
is in place, or submit a negative declaration. Guidance and policy
documents that we use to evaluate CAA section 182 RACT requirements
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); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    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. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient
Air Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
    8. ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' 83 FR 62998 (December 6, 2018).

B. Does the document meet the evaluation criteria?

    NSAQMD's 2015 ozone RACT SIP provides the District's demonstration
that the applicable SIP for the Western Nevada NAA, which is under the
jurisdiction of the NSAQMD, satisfies CAA section 182 RACT requirements
for the 2015 ozone NAAQS. The District's conclusion is based on its
analysis of SIP-approved requirements that apply to the following: (1)
Source categories for which a CTG has been issued, and (2) major non-
CTG stationary sources of VOC or NOX emissions.
    With respect to CTG source categories, the NSAQMD determined that
it only had sources subject to the CTGs covering gasoline service
stations and vapor recovery operations, gasoline tank truck vapor
tightness, and cutback asphalt. For each of these CTG source
categories, the District's submittal provided an analysis to support
the District's finding that a District rule previously approved by the
EPA into the SIP as RACT for Western Nevada remains RACT for the 2015
ozone NAAQS. Specifically, the ``Staff Report analyzing RACT for the
2015 Ozone NAAQS SIP'' provides a discussion of the following District
rules and why they continue to implement RACT: Rule 214, ``Phase I
Vapor Recovery Requirements;'' and Rule 227, ``Cutback and Emulsified
Asphalt Paving

Materials.'' \9\ We reviewed the NSAQMD's evaluation of its rules
addressing the CTG source categories that are subject to RACT in
Western Nevada, which are as follows: ``Design Criteria for Stage I
Vapor Control Systems--Gasoline Service Stations'' (EPA-450/R-75-
102),''Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems'' (EPA-450/2-78-051), and ``Control
of Volatile Organic Compounds from Use of Cutback Asphalt'' (EPA-450/2-
77-37).\10\ We agree that the District's rules are generally consistent
with the CTGs and with recently adopted rules in other air districts,
and therefore satisfy CAA RACT requirements for the 2015 ozone NAAQS.
In this rulemaking, we propose to find that NSAQMD Rules 214 and 227
establish RACT-level controls for the sources within the applicable CTG
categories. Our TSD has additional information about our evaluation of
these rules.
---------------------------------------------------------------------------

    \9\ The Staff Report also includes a discussion of two rules
that the NSAQMD states are not needed for the 2015 ozone RACT SIP:
Rule 215, ``Phase II Vapor Recovery System Requirements;'' and Rule
228, ``Surface Coating of Metal Parts and Products.'' While NSAQMD
reviewed Rule 215, ``Phase II Vapor Recovery System Requirements,''
as meeting RACT, and the EPA has approved the rule as meeting RACT
for the 2008 ozone NAAQS, the EPA has not published a CTG for
vehicle refueling operations. District Rule 228, corresponds to the
CTG entitled ``Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume VI: Surface Coating of Miscellaneous
Metal Parts and Products, and Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-08-003).
    \10\ District Rule 214 corresponds to the CTGs entitled ``Design
Criteria for Stage I Vapor Control Systems--Gasoline Service
Stations'' (EPA-450/R-75-102) and ``Control of Volatile Organic
Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems'' (EPA-450/2-78-051). District Rule 227 corresponds to the
CTG entitled, ``Cutback and Emulsified Asphalt Paving Materials,''
corresponds to the CTG entitled ``Control of Volatile Organic
Compounds from Use of Cutback Asphalt'' (EPA-450/2-77-37).
---------------------------------------------------------------------------

    Where there are no existing sources covered by a particular CTG
document, or no major non-CTG sources of NOX or VOC, states
may, in lieu of adopting RACT requirements for those sources, adopt
negative declarations certifying that there are no such sources in the
relevant nonattainment area.
    The submittal contains a table listing the EPA's CTGs and annotates
those CTGs for which the District is adopting a negative declaration,
indicating that the District has no sources subject to the applicable
CTG for the 2015 ozone NAAQS. These negative declarations are listed in
Table 1 below. The District concludes that it has no sources subject to
the relevant CTGs, based on a review of its permit files, planning
documents, and the emissions inventory.
    In addition, the NSAQMD determined ``there are no existing or
anticipated major sources'' of VOC or NOX located in the
Western Nevada NAA. The NSAQMD states ``the largest-emitting stationary
source of ozone precursors in the nonattainment area (an asphalt batch
plant) emitted 0.79 tons of NOX (4.3 pounds/day) and 0.02
tons of TOG [VOC] (0.1 pounds/day) in 2019.''
    We reviewed the District's list of negative declarations in the
submittal and CARB Emissions Inventory data and performed a general
internet search to verify the District's conclusion that it has no
sources subject to the CTGs for which it has adopted negative
declarations, and has no non-CTG major sources of VOC or
NOX. Based on our review, we agree with the District's
negative declarations in the 2015 ozone RACT SIP, including negative
declarations for non-CTG major sources of VOC and NOX, and
propose to approve them into the SIP.

 Table 1--CTG Negative Declarations for 2015 Ozone NAAQS--Western Nevada
                                   NAA
------------------------------------------------------------------------
                 CTG No.                             CTG title
------------------------------------------------------------------------
EPA-450/2-77-008........................  Surface Coating of Cans.
EPA-450/2-77-008........................  Surface Coating of Coils.
EPA-450/2-77-008........................  Surface Coating of Paper.
EPA-450/2-77-008........................  Surface Coating of Fabric.
EPA-450/2-77-008........................  Surface Coating of Automobiles
                                           and Light-Duty Trucks.
EPA-450/2-77-022........................  Solvent Metal Cleaning.
EPA-450/2-77-025........................  Refinery Vacuum Producing
                                           Systems, Wastewater
                                           Separators, and Process Unit
                                           Turnarounds.
EPA-450/2-77-026........................  Tank Truck Gasoline Loading
                                           Terminals.
EPA-450/2-77-032........................  Surface Coating of Metal
                                           Furniture.
EPA-450/2-77-033........................  Surface Coating for Insulation
                                           of Magnet Wire.
EPA-450/2-77-034........................  Surface Coating of Large
                                           Appliances.
EPA-450/2-77-035........................  Bulk Gasoline Plants.
EPA-450/2-77-036........................  Storage of Petroleum Liquids
                                           in Fixed-Roof Tanks.
EPA-450/2-78-015........................  Surface Coating of
                                           Miscellaneous Metal Parts and
                                           Products.
EPA-450/2-78-029........................  Manufacture of Synthesized
                                           Pharmaceutical Products.
EPA-450/2-78-030........................  Manufacture of Pneumatic
                                           Rubber Tires.
EPA-450/2-78-032........................  Factory Surface Coating of
                                           Flat Wood Paneling.
EPA-450/2-78-033........................  Graphic Arts-Rotogravure and
                                           Flexography.
EPA-450/2-78-036........................  Leaks from Petroleum Refinery
                                           Equipment.
EPA-450/2-78-047........................  Petroleum Liquid Storage in
                                           External Floating Roof Tanks.
EPA-450/3-82-009........................  Large Petroleum Dry Cleaners.
EPA-450/3-83-006........................  Leaks from Synthetic Organic
                                           Chemical and Polymer
                                           Manufacturing Equipment.
EPA-450/3-83-007........................  Equipment Leaks from Natural
                                           Gas/Gasoline Processing
                                           Plants.
EPA-450/3-83-008........................  Manufacture of High-Density
                                           Polyethylene, Polypropylene,
                                           and Polystyrene Resins.
EPA-450/3-84-015........................  Air Oxidation Processes in
                                           Synthetic Organic Chemical
                                           Manufacturing Industry.
EPA-450/4-91-031........................  Reactor Processes and
                                           Distillation Operations
                                           Processes in the Synthetic
                                           Organic Chemical
                                           Manufacturing Industry.
EPA-453/R-96-007........................  Wood Furniture Manufacturing
                                           Operations.
EPA-453/R-94-032........................  ACT Surface Coating Operations
                                           at Shipbuilding and Ship
                                           Repair Facilities.
61 FR 44050; 8/27/96....................  Shipbuilding and Ship Repair
                                           Operations (Surface Coating).
59 FR 29216; 6/06/94....................  NESHAPS Aerospace
                                           Manufacturing and Rework.
EPA-453/R-97-004........................  Coating Operations at
                                           Aerospace Manufacturing and
                                           Rework Operations.
EPA-453/R-06-001........................  Industrial Cleaning Solvents.
EPA-453/R-06-002........................  Offset Lithographic Printing
                                           and Letterpress Printing.
EPA-453/R-06-003........................  Flexible Package Printing.
EPA-453/R-06-004........................  Flat Wood Paneling Coatings.

EPA 453/R-07-003........................  Paper, Film, and Foil
                                           Coatings.
EPA 453/R-07-004........................  Large Appliance Coatings.
EPA 453/R-07-005........................  Metal Furniture Coatings.
EPA 453/R-08-003........................  Miscellaneous Metal and
                                           Plastic Parts Coatings; Table
                                           2--Metal Parts and Products.
EPA 453/R-08-003........................  Miscellaneous Metal and
                                           Plastic Parts Coatings; Table
                                           3--Plastic Parts and
                                           Products.
EPA 453/R-08-003........................  Miscellaneous Metal and
                                           Plastic Parts Coatings; Table
                                           4--Automotive/Transportation
                                           and Business Machine Plastic
                                           Parts.
EPA 453/R-08-003........................  Miscellaneous Metal and
                                           Plastic Parts Coatings; Table
                                           5--Pleasure Craft Surface
                                           Coating.
EPA 453/R-08-003........................  Miscellaneous Metal and
                                           Plastic Parts Coatings; Table
                                           6--Motor Vehicle Materials.
EPA 453/R-08-004........................  Fiberglass Boat Manufacturing
                                           Materials.
EPA 453/R-08-005........................  Miscellaneous Industrial
                                           Adhesives.
EPA 453/R-08-006........................  Automobile and Light-Duty
                                           Truck Assembly Coatings.
EPA 453/B-16-001........................  Oil and Natural Gas Industry.
------------------------------------------------------------------------

C. The EPA's Recommendations To Further Improve the RACT SIP

    Our TSD includes recommendations for future rule improvements.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve CARBs submittal of the NSAQMD RACT SIP for the 2015 ozone
NAAQS, as reflected in Tables 2 and 3, because the submittal fulfills
the RACT SIP requirements under CAA sections 182(b) and (f) and 40 CFR
51.1312(a) and (b) for the 2015 ozone NAAQS. We will accept comments
from the public on this proposal until March 14, 2022. If we take final
action to approve the submitted document, our final action will
incorporate this document into the federally enforceable SIP.

                             Table 2--CTGs for 2015 Ozone NAAQS--Western Nevada NAA
----------------------------------------------------------------------------------------------------------------
                                                                                Negative
                CTG No.                            CTG title             Rule claimed as current    declaration
                                                                                RACT                adopted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102.......................  Design Criteria for Stage I    Rule 214 (78 FR 897, 1/7/
                                          Vapor Control--Gasoline        13).
                                          Service Stations.
EPA-450/2-77-008.......................  Surface Coating of Cans......  ........................   \a\ 1/25/2021
EPA-450/2-77-008.......................  Surface Coating of Coils.....  ........................   \a\ 1/25/2021
EPA-450/2-77-008.......................  Surface Coating of Paper.....  ........................   \a\ 1/25/2021
EPA-450/2-77-008.......................  Surface Coating of Fabric....  ........................   \a\ 1/25/2021
EPA-450/2-77-008.......................  Surface Coating of             ........................   \a\ 1/25/2021
                                          Automobiles and Light-Duty
                                          Trucks.
EPA-450/2-77-022.......................  Solvent Metal Cleaning.......  ........................   \b\ 1/25/2021
EPA-450/2-77-025.......................  Refinery Vacuum Producing      ........................   \a\ 1/25/2021
                                          Systems, Wastewater
                                          Separators, and Process Unit
                                          Turnarounds.
EPA-450/2-77-026.......................  Tank Truck Gasoline Loading    ........................   \a\ 1/25/2021
                                          Terminals.
EPA-450/2-77-032.......................  Surface Coating of Metal       ........................   \c\ 1/25/2021
                                          Furniture.
EPA-450/2-77-033.......................  Surface Coating for            ........................   \a\ 1/25/2021
                                          Insulation of Magnet Wire.
EPA-450/2-77-034.......................  Surface Coating of Large       ........................   \a\ 1/25/2021
                                          Appliances.
EPA-450/2-77-035.......................  Bulk Gasoline Plants.........  ........................   \d\ 1/25/2021
EPA-450/2-77-036.......................  Storage of Petroleum Liquids   ........................   \a\ 1/25/2021
                                          in Fixed-Roof Tanks.
EPA-450/2-77-037.......................  Cutback Asphalt..............  Rule 227, 74 FR 56120
                                                                         (10/30/09).
EPA-450/2-78-015.......................  Surface Coating of             ........................   \a\ \j\ 1/25/
                                          Miscellaneous Metal Parts                                         2021
                                          and Products.
EPA-450/2-78-029.......................  Manufacture of Synthesized     ........................   \a\ 1/25/2021
                                          Pharmaceutical Products.
EPA-450/2-78-030.......................  Manufacture of Pneumatic       ........................   \a\ 1/25/2021
                                          Rubber Tires.
EPA-450/2-78-032.......................  Factory Surface Coating of     ........................   \a\ 1/25/2021
                                          Flat Wood Paneling.
EPA-450/2-78-033.......................  Graphic Arts-Rotogravure and   ........................   \e\ 1/25/2021
                                          Flexography.
EPA-450/2-78-036.......................  Leaks from Petroleum Refinery  ........................   \a\ 1/25/2021
                                          Equipment.
EPA-450/2-78-047.......................  Petroleum Liquid Storage in    ........................   \a\ 1/25/2021
                                          External Floating Roof Tanks.
EPA-450/2-78-051.......................  Leaks from Gasoline Tank       Rule 214 (78 FR 897, 1/7/
                                          Trucks and Vapor Collection    13).
                                          Systems.
EPA-450/3-82-009.......................  Large Petroleum Dry Cleaners.  ........................   \f\ 1/25/2021
EPA-450/3-83-006.......................  Leaks from Synthetic Organic   ........................   \a\ 1/25/2021
                                          Chemical and Polymer
                                          Manufacturing Equipment.
EPA-450/3-83-007.......................  Equipment Leaks from Natural   ........................   \a\ 1/25/2021
                                          Gas/Gasoline Processing
                                          Plants.
EPA-450/3-83-008.......................  Manufacture of High-Density    ........................   \a\ 1/25/2021
                                          Polyethylene, Polypropylene,
                                          and Polystyrene Resins.
EPA-450/3-84-015.......................  Air Oxidation Processes in     ........................   \f\ 1/25/2021
                                          Synthetic Organic Chemical
                                          Manufacturing Industry.
EPA-450/4-91-031.......................  Reactor Processes and          ........................   \a\ 1/25/2021
                                          Distillation Operations
                                          Processes in the Synthetic
                                          Organic Chemical
                                          Manufacturing Industry.
EPA-453/R-96-007.......................  Wood Furniture Manufacturing   ........................   \i\ 1/25/2021
                                          Operations.

EPA-453/R-94-032.......................  ACT Surface Coating            ........................   \a\ 1/25/2021
                                          Operations at Shipbuilding
                                          and Ship Repair Facilities.
61 FR 44050; 8/27/96...................  Shipbuilding and Ship Repair
                                          Operations (Surface Coating).
59 FR 29216; 6/06/94...................  NESHAPS Aerospace              ........................   \a\ 1/25/2021
                                          Manufacturing and Rework.
EPA-453/R-97-004.......................  Coating Operations at
                                          Aerospace Manufacturing and
                                          Rework Operations.
EPA-453/R-06-001.......................  Industrial Cleaning Solvents.  ........................   \c\ 1/25/2021
EPA-453/R-06-002.......................  Offset Lithographic Printing   ........................   \g\ 1/25/2021
                                          and Letterpress Printing.
EPA-453/R-06-003.......................  Flexible Package Printing....  ........................   \g\ 1/25/2021
EPA-453/R-06-004.......................  Flat Wood Paneling Coatings..  ........................   \a\ 1/25/2021
EPA 453/R-07-003.......................  Paper, Film, and Foil          ........................   \a\ 1/25/2021
                                          Coatings.
EPA 453/R-07-004.......................  Large Appliance Coatings.....  ........................   \a\ 1/25/2021
EPA 453/R-07-005.......................  Metal Furniture Coatings.....  ........................   \a\ 1/25/2021
EPA 453/R-08-003.......................  Miscellaneous Metal and        ........................   \h\ \j\ 1/25/
                                          Plastic Parts Coatings;                                           2021
                                          Table 2--Metal Parts and
                                          Products.
EPA 453/R-08-003.......................  Miscellaneous Metal and        ........................   \h\ 1/25/2021
                                          Plastic Parts Coatings;
                                          Table 3--Plastic Parts and
                                          Products.
EPA 453/R-08-003.......................  Miscellaneous Metal and        ........................   \h\ 1/25/2021
                                          Plastic Parts Coatings;
                                          Table 4--Automotive/
                                          Transportation and Business
                                          Machine Plastic Parts.
EPA 453/R-08-003.......................  Miscellaneous Metal and        ........................   \h\ 1/25/2021
                                          Plastic Parts Coatings;
                                          Table 5--Pleasure Craft
                                          Surface Coating.
EPA 453/R-08-003.......................  Miscellaneous Metal and        ........................   \h\ 1/25/2021
                                          Plastic Parts Coatings;
                                          Table 6--Motor Vehicle
                                          Materials.
EPA 453/R-08-004.......................  Fiberglass Boat Manufacturing  ........................   \h\ 1/25/2021
                                          Materials.
EPA 453/R-08-005.......................  Miscellaneous Industrial       ........................   \g\ 1/25/2021
                                          Adhesives.
EPA 453/R-08-006.......................  Automobile and Light-Duty      ........................   \c\ 1/25/2021
                                          Truck Assembly Coatings.
EPA 453/B-16-001.......................  Oil and Natural Gas Industry.  ........................   \a\ 1/25/2021
----------------------------------------------------------------------------------------------------------------
\a\ No existing or anticipated sources.
\b\ Exempt--rural (pop. <200,000).
\c\ No sources exceed actual emissions of 15 lbs/day.
\d\ No sources exceed 4,000 gallons per day throughput on a 30-day rolling average.
\e\ No sources that exceed 100 tpy.
\f\ No sources exceed 32,500 gallons/year.
\g\ No sources exceed actual emissions of 15 lbs./day or 3 tons per 12-month period.
\h\ No sources that exceed actual emissions of 15 lbs./day or 2.7 tons per 12-month period.
\i\ No sources exceed 25 tons per year of VOCs PTE.
\j\ 2021-11-23 email from S. Longmire, NSAQMD to N. Levin, EPA Re_RACT Submittal for 2015 Ozone NAAQS.

             Table 3--Major Sources of NOX and Non-CTG VOC for 2015 Ozone NAAQS--Western Nevada NAA
----------------------------------------------------------------------------------------------------------------
                                                                                Negative
               Category                   Major sources in NAA?      Rule(s) claimed as current     declaration
                                                                                RACT                  adopted
----------------------------------------------------------------------------------------------------------------
Major non-CTG sources of VOC.........  No.........................  N/A.........................   \a\ 1/25/2021
Major sources of NOX.................  No.........................  N/A.........................   \a\ 1/25/2021
----------------------------------------------------------------------------------------------------------------
\a\ No existing or anticipated sources.

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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' 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 Clean Air Act; and

     Does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-02772 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P