PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ Office of Air and Radiation/ Office of Atmospheric Programs 2. OMB control number b. G None a. 2060 0411 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

Title:

Voluntary Aluminum Industrial Partnership ( VAIP) ( Renewal)

8. Agency form number( s) ( If applicable) ICR#: 1867.03 9. Keywords Aluminum, greenhouse gases, perfluorocarbon, PFC, voluntary, industrial partnership 10. Abstract EPA's Voluntary Aluminum Industrial Partnership ( VAIP) was initiated in 1995 and is an important voluntary program contributing to the overall reduction in emissions of greenhouse gases. This program focuses on reducing perfluorocarbon ( PFC) emissions and direct carbon dioxide ( CO2) emissions from the production of primary aluminum. Seven of the eight U. S. producers of primary aluminum participate in this program. PFCs are very potent greenhouse gases with global warming potential several thousand times that of carbon dioxide and they persist in the atmosphere for thousands of years. CO2 is emitted as part of the production process as the result of the consumption of the carbon anode. EPA has developed this ICR to renew authorization to collect information from companies in the VAIP. Participants voluntarily agree to the following: designating a VAIP liaison; undertaking technically feasible and cost effective actions to reduce PFC and direct CO2 emissions; and reporting to EPA, on an annual basis, PFC and direct CO2 emissions or production parameters used to estimate emissions. The information contained in the annual reports of VAIP members is used by EPA to assess the success of the program in achieving its goals.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents _____________ ___ 7 b. Total annual responses _________________ ___ 7 1. Percentage of these responses collected electronically 50 % c. Total hours requested ___________________ 689 d. Current OMB inventory ___________________ 584 e. Difference _________________________ 105 f. Explanation of difference 1. Program Change ___________________ 105 2. Adjustment ________________________ 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs ______________$ 0__ b. Total annual costs ( O& M) _________________________$ 0_ c. Total annualized cost requested ______________________$ 0__ d. Current OMB inventory _____________________________$ 0__ e. Difference _____________________________ $ 0___ f. Explanation of difference 1. Program change __________________________$ 0__ 2. Adjustment _______________________________$ 0_ _

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. _ X Program planning or management b. _ P Program evaluation f. __ Research c. _ X General purpose statistics g. __ Regulatory or compliance d. _ X_ Audit Primary purpose of information collectin:

b. Program evaluation 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. X Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. X Annually 7. Q Biennially 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sally Rand______________________________________ Phone: _ 202 343 9739____________________________________

OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


public interest. We believe that the proposed revisions reasonably
clarify that transmission operators are responsible for monitoring and
reporting available transmission resources and that balancing
authorities are responsible for monitoring and reporting available
generation resources is reasonable. Further, NERC's proposed revision
to TOP-006-3 is consistent with the Commission's approval of NERC's
approach to ensure that reliability entities have clear decision-making
authority and capabilities to take appropriate actions with a clear
division of responsibility with respect to

balancing authority and transmission operator responsibilities during a
system emergency.\109\
---------------------------------------------------------------------------

    \109\ Electric Reliability Organization Interpretation of
Transmission Operations Reliability Standard, 136 FERC ] 61,176
(2011).
---------------------------------------------------------------------------

III. Information Collection Statement

    100. The Commission's information collection requirements are
typically subject to review by the Office of Management and Budget
(OMB) under section 3507(d) of the Paperwork Reduction Act of
1995.\110\ However, by remanding the TOP and IRO Reliability Standards,
any information collection requirements are unchanged. With regard to
proposed Reliability Standard TOP-006-3, the Commission estimates that
the information collection burden will not change as compared to the
currently-effective standard. The reporting requirements for
transmission operators and balancing authorities remain unchanged
because the new requirements clarify the existing standard that the
transmission operators report transmission information, while the
balancing authorities report generation information.
---------------------------------------------------------------------------

    \110\ 44 U.S.C. 3507(d) (2012).
---------------------------------------------------------------------------

IV. Environmental Analysis

    101. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\111\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\112\ The actions proposed
herein fall within this categorical exclusion in the Commission's
regulations.
---------------------------------------------------------------------------

    \111\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \112\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    102. The Regulatory Flexibility Act of 1980 (RFA) \113\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\114\
The SBA has established a size standard for electric utilities, stating
that a firm is small if, including its affiliates, it is primarily
engaged in the transmission, generation and/or distribution of electric
energy for sale and its total electric output for the preceding twelve
months did not exceed four million megawatt hours.\115\ The RFA is not
implicated by this NOPR because the Commission is proposing to remand
the TOP and IRO Reliability Standards and not proposing any
modifications to the existing burden or reporting requirements. With no
changes to the TOP and IRO Reliability Standards as approved, the
Commission certifies that this NOPR will not have a significant
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \113\ 5 U.S.C. 601-612.
    \114\ 13 CFR 121.201.
    \115\ Id. n.22.
---------------------------------------------------------------------------

    103. In addition, for proposed Reliability Standard TOP-006-3, the
Commission estimates that there will be no material change in burden
for all small entities because the effect of the changes merely clarify
that transmission operators are responsible for reporting transmission
information while balancing authorities are responsible for reporting
generation information.

VI. Comment Procedures

    104. The Commission invites interested persons to submit comments
on the matters and issues proposed in this notice to be adopted,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due February 3, 2014. Comments must
refer to Docket No. RM13-15-000, and must include the commenter's name,
the organization they represent, if applicable, and their address in
their comments.
    105. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    106. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    107. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    108. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    109. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    110. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-28629 Filed 12-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 790-791]
[FR Doc No: 2012-4]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13212-002]

Grant Lake Hydroelectric Project; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On October 3, 2011, Kenai Hydro, LLC, Alaska, filed an application
for a successive preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Grant Lake Hydroelectric Project to be located on Grant Lake and Grant
Creek, near the town of Moose Pass, Kenai Peninsula, Alaska. The
project affects federal lands administered by the

U.S. Forest Service within the Chugach National Forest. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of: (1) Either (a) a 2-foot-high
by 120-foot-long, concrete gravity dam at Grant Lake, or (b) a natural
lake outlet, with a 48-inch-diameter pipe extending back into Grant
lake, a gate house, regulating gate, controls, and monitoring
equipment; (2) Grant Lake, the project reservoir, with a total storage
capacity of 15,900 acre-feet and a water surface area of 1,790 acres at
full pool elevation of 700 feet above mean seal level; (3) a 3,200-
foot-long, 10-foot-diameter horseshoe tunnel; (4) a 72-inch-diameter,
360-foot-long, welded steel penstock; (5) a 200-foot-long open channel
tailrace; (6) a 45-foot by 60-foot by 30-foot-high powerhouse
containing two horizontal Francis type turbine units totaling 5
megawatts (MW) (1 x 4 MW unit and 1 x 1 MW unit) of generating
capacity; and (7) a transmission line consisting of either a 3.5-mile-
long, 24.9 kilovolt (kV) transmission line, or a 1-mile-long, 115 kV
transmission line, connecting the powerhouse to the City of Seward's or
to Chugach Electric's transmission line. The total energy output would
be 19,700 megawatthours.
    Applicant Contact: Mr. Mike Salzetti, Kenai Hydro, LLC, 3977 Lake
Street, Homer, AK 99603; phone<PHONE_NUMBER>.
    FERC Contact: Kenneth Hogan; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13212) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: December 29, 2011.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-4 Filed 1-5-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55188-55190]
[DOCID:fr24se08-153]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58571; File No. SR-Phlx-2008-60]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the NASDAQ OMX PHLX, Inc. To
Enable the Listing and Trading of Options on Index-Linked Securities

September 17, 2008.
    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 September 12, 2008, the NASDAQ OMX PHLX, Inc. (``Phlx'' 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. Phlx filed
the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange, pursuant to Section 19(b)(1) of the Act \5\ and Rule
19b-4 thereunder,\6\ proposes to amend Phlx Rules 1009, Criteria for
Underlying Securities, and 1010, Withdrawal of Approval of Underlying
Securities or Options, to enable the listing and trading on the
Exchange of options on Index-Linked Securities, as defined below. The
text of the proposed rule change is available on the Exchange's Web
site at http://www.phlx.com/regulatory/reg_rulefilings.aspx, the
principal office of the Exchange, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 17 CFR 240.19b-4
---------------------------------------------------------------------------

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

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

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

1. Purpose
    This proposed rule change is based on recent Chicago Board Options
Exchange, Incorporated (``CBOE'') and NYSE Arca, Inc. (``NYSE Arca'')
filings.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 58204 (July 22,
2008), 73 FR 43807 (July 28, 2008) (SR-CBOE-2008-64) and 58203 (July
22, 2008), 73 FR 43812 (July 28, 2008) (SR-NYSEArca-2008-57). In
addition, the Exchange is making minor changes to Commentary .06 to
Phlx Rule 1009 to conform the Exchange's rules to those of CBOE and
NYSE Arca.
---------------------------------------------------------------------------

    The purpose of the proposed rule change is to revise Phlx Rules
1009 and 1010 to enable the listing and trading of options on equity
index-linked securities (``Equity Index-Linked Securities''),
commodity-linked securities (``Commodity-Linked Securities''),
currency-linked securities (``Currency-Linked Securities''), fixed
income index-linked securities (``Fixed Income Index-Linked
Securities''), futures-linked securities (``Futures-Linked
Securities'') and multifactor index-linked securities (``Multifactor
Index-Linked Securities'') (the six types of index-linked securities
are collectively known as ``Index-Linked Securities'') that are
principally traded on a national securities exchange and are ``NMS
Stock'' (as defined in Rule 600 of Regulation NMS under the Act).
    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments or market indexes of the foregoing (``Underlying
Index'' or ``Underlying Indexes''). Index-Linked Securities are the
non-convertible debt of an issuer that have a term of at least one (1)
year but not greater than thirty (30) years. Despite the fact that
Index-Linked Securities are linked to an underlying index, each trades
as a single, exchange-listed security. Accordingly, rules pertaining to
the listing and trading of standard equity options will apply to Index-
Linked Securities. The Exchange does not propose any changes to rules
pertaining to Index Options.

Listing Criteria
    The Exchange will consider listing and trading options on Index-
Linked Securities provided the Index-Liked Securities meet the criteria
for underlying securities set forth in Phlx Rule 1009 (a) to (c) and
Commentary .01 to Rule 1009.
    The Exchange proposes that Index-Linked Securities deemed
appropriate for options trading represent ownership of a security that
provides for the payment at maturity, as described below:
--Equity Index-Linked Securities are securities that provide for the
payment at maturity of a cash amount based on the performance of an
underlying index or indexes of equity securities (``Equity Reference
Asset'');
--Commodity-Linked Securities are securities that provide for the
payment at maturity of a cash amount based on the performance of one or
more physical commodities or commodity futures, options or other
commodity derivatives or Commodity-Based Trust Shares or a basket or
index of any of the foregoing (``Commodity Reference Asset'');
--Currency-Linked Securities are securities that provide for the
payment at maturity of a cash amount based on the performance of one or
more currencies, or options or currency futures or other currency
derivatives or Currency Trust Shares \8\ or a basket or index of any of
the foregoing (``Currency Reference Asset'');
---------------------------------------------------------------------------

    \8\ See proposed Commentary .06 to Phlx Rule 1009. The term
``Currency Trust Shares'' is defined as a security that (a) holds a
specified non-U.S. currency deposited with the trust or similar
entity; (b) when aggregated in some specified minimum number may be
surrendered to the trust by the beneficial owner to receive the
specified non-U.S. currency or currencies; and (c) pays the
beneficial owner interest and other distributions on deposited non-
U.S. currency or currencies, if any, declared and paid by the trust.
---------------------------------------------------------------------------

--Fixed Income Index-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more notes, bonds, debentures or evidence of indebtedness that
include, but are not limited to, U.S. Department of Treasury securities
(``Treasury Securities''), government sponsored entity securities
(``GSE Securities''), municipal securities, trust preferred securities,
supranational debt and debt of a foreign country or a subdivision
thereof or a basket or index of any of the foregoing (``Fixed Income
Reference Asset'');
--Futures-Linked Securities are securities that provide for the payment
at maturity of a cash amount based on the performance of an index of
(a) futures on Treasury Securities, GSE Securities, supranational debt
and debt of a foreign country or a subdivision thereof, or options or
other derivatives on any of the foregoing; or (b) interest rate futures
or options or derivatives on the foregoing in this subparagraph (b)
(``Futures Reference Asset''); and
--Multifactor Index-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
any combination of two or more Equity Reference Assets, Commodity
Reference Assets, Currency Reference Assets, Fixed Income Reference
Assets or Futures Reference Assets (``Multifactor Reference Asset'').

    For the purposes of Commentary .09 to Phlx Rule 1009, Equity
Reference Assets, Commodity Reference Assets, Currency Reference
Assets, Fixed Income Reference Assets, Futures Reference Assets and
Multifactor Reference Assets, will be collectively referred to as
``Reference Assets.''
    Index-Linked Securities must meet the criteria and guidelines for
underlying securities set forth in Commentary .01 to Phlx Rule 1009, or
the Index-Linked Securities must be redeemable at the option of the
holder at least on a weekly basis through the issuer at a price related
to the applicable underlying Reference Asset. In addition, the issuing
company is obligated to issue or repurchase the securities in
aggregation units for cash or cash equivalents satisfactory to the
issuer of Index-Linked Securities which underlie the option as
described in the Index-Linked Securities prospectus.
Continued Listing Requirements
    Options on Index-Linked Securities will be subject to all Exchange
rules governing the trading of equity options. The current continuing
or maintenance listing standards for options traded on the Exchange
will continue to apply.
    The Exchange proposes to establish Commentary .12 to Rule 1010
which will include criteria related to the continued listing of options
on Index-Linked Securities.
    Under the applicable continued listing criteria in proposed
Commentary .12 to Rule 1010, options on Index Linked Securities
initially approved for trading pursuant to proposed Commentary .09 to
Rule 1009 may be subject to the suspension of opening transactions as
follows: (1) Non-compliance with the terms of Commentary .09 to Rule
1009; (2) non-compliance with the terms of Commentary .01 to Rule 1010,
except in the case of options covering Index Linked Securities approved
pursuant to Commentary .09(c)(ii) to Rule 1009 that are redeemable at
the option of the holder at least on a weekly basis, then option
contracts of the class covering such Securities may only continue to be
open for trading as long as the Securities are listed on a national
securities exchange and are an ``NMS stock'' as defined in Rule 600 of
Regulation NMS; (3) in the case of any Index-Linked Security trading
pursuant to Commentary .09 to Rule 1009, the value of the Reference
Asset is no longer calculated or available; or (4) such other event
shall occur or condition exist that in the opinion of the Exchange
makes further dealing in such options on the Exchange inadvisable.
    The Exchange represents that the listing and trading of options on
Index-Linked Securities under Commentary .09 to Rule 1009 will not have
any effect on the rules pertaining to position and exercise limits \9\
or margin.\10\
---------------------------------------------------------------------------

    \9\ See Phlx Rules 1001, 1001A, 1002, and 1002A.
    \10\ See Phlx Rules 721 through 725.
---------------------------------------------------------------------------

    The Exchange will implement surveillance procedures for options on
Index-Linked Securities, including adequate comprehensive surveillance
sharing agreements with markets trading in non-U.S. components, as
applicable. The Exchange represents that these procedures will be
adequate to properly monitor Exchange trading of options on these the
securities and to deter and detect violations of Exchange rules.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanisms of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Exchange believes that the proposed rules applicable to
trading pursuant to generic listing and trading criteria, together with
the Exchange's surveillance procedures applicable to trading in the
securities covered by the proposed rules, serve to foster investor
protection.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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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 solicited nor received.

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 \13\ and Rule 19b-4(f)(6)
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. 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. 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 as well
as the five business-day pre-filing requirement so that the Exchange is
able to compete with other options exchanges that are currently
permitted to list and trade options on Index-Linked Securities. The
Commission believes that waiving the 30-day operative delay and five
business-day pre-filing requirement is consistent with the protection
of investors and the public interest.\15\ The Commission notes the
proposal is substantively identical to proposals that were recently
approved by the Commission, and does not raise any new regulatory
issues.\16\ For these reasons, the Commission designates the proposed
rule change as operative upon filing.
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    \15\ For purposes only of waiving the 30-day operative delay and
five business-day pre-filing requirement, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \16\ See Securities Exchange Act Release Nos. 58203 (July 22,
2008), 73 FR 43812 (July 28, 2008) (SR-NYSEArca-2008-57) and 58204
(July 22, 2008), 73 FR 43807 (July 28, 2008) (SR-CBOE-2008-64).
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    At any time within 60 days of the filing of the 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-Phlx-2008-60 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-Phlx-2008-60. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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-Phlx-2008-60 and should be
submitted on or before October 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
J. Lynn Taylor,
Assistant Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E8-22249 Filed 9-23-08; 8:45 am]

BILLING CODE 8010-01-P


Two of the 15 voluntary consensus standards identified in this search were not available at the time the review was conducted for the purposes of the final rule because they are under development by a voluntary consensus body:

ASME/ BSR MFC 13M, " Flow Measurement by Velocity Traverse,"

for EPA Method 2 ( and possibly 1); and ASME/ BSR MFC 12M,

" Flow in Closed Conduits Using Multiport Averaging Pitot Primary Flowmeters," for EPA Method 2.

Section 63.7520 and Tables 4A through 4D to subpart DDDDD of this standard list the EPA testing methods included in the final rule. Under § 63.7( f) and § 63.8( f) of subpart A, 40 CFR part 63, of the General Provisions, a source may apply to EPA for permission to use alternative test methods or alternative monitoring requirements in place of any of NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters   FINAL RULE  Page 101 of 147 the EPA testing methods, performance specifications, or procedures.

J. Congressional Review Act 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. The EPA will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives,

and the Comptroller General of the United States prior to publication of the final 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 a " major rule" as defined by 5 U. S. C. § 804( 2). The rule will be effective on [ INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].

List of Subjects in 40 CFR part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters   FINAL RULE  Page 102 of 147 Intergovernmental relations, Reporting and recordkeeping requirements.

______________________ Dated:

_______________________ Michael O. Leavitt, Administrator. NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters   FINAL RULE  Page 103 of 147 place rule here............ km 104 For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the Federal Regulations is amended as follows:

PART 63[ AMENDED]

1. The authority citation for part 63 continues to read as follows:

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

2. Part 63 is amended by adding subpart DDDDD to read as follows:

Subpart DDDDD National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters Sec.

What this Subpart Covers 63.7480 What is the purpose of this subpart? 63.7485 Am I subject to this subpart? 63.7490 What is the affected source of this subpart? 63.7491 Are any boilers or process heaters exempt from this subpart? 63.7495 When do I have to comply with this subpart?

Emission Limits and Work Practice Standards 63.7499 What are the subcategories of boilers and process heaters? 63.7500 What emission limits, work practice standards, and operating limits must I meet?

General Compliance Requirements 105 63.7505 What are my general requirements for complying with this subpart? 63.7506 Do any boilers or process heaters have limited requirements? 63.7507 What are the risk based alternative compliance options for the HCl and total selected metals standards?

Testing, Fuel Analyses, and Initial Compliance Requirements 63.7510 What are my initial compliance requirements and by what date must I conduct them? 63.7515 When must I conduct subsequent performance tests or fuel analyses? 63.7520 What performance tests and procedures must I use? 63.7521 What fuel analyses and procedures must I use? 63.7522 Can I use emission averaging to comply with this subpart? 63.7525 What are my monitoring, installation, operation, and maintenance requirements? 63.7530 How do I demonstrate initial compliance with the emission limits and work practice standards?

Continuous Compliance Requirements 63.7535 How do I monitor and collect data to demonstrate continuous compliance? 63.7540 How do I demonstrate continuous compliance with the emission limits and work practice standards?

Notifications, Reports, and Records 63.7545 What notifications must I submit and when? 63.7550 What reports must I submit and when? 63.7555 What records must I keep? 63.7560 In what form and how long must I keep my records?

Other Requirements and Information 63.7565 What parts of the General Provisions apply to me? 63.7570 Who implements and enforces this subpart? 63.7575 What definitions apply to this subpart?

Tables to Subpart DDDDD of Part 63 106 Table 1 to Subpart DDDDD of Part 63. Emission Limits and Work Practice Standards Table 2 to Subpart DDDDD of Part 63. Operating Limits for Boilers Table 3 to Subpart DDDDD of Part 63. Operating Limits for Boilers Emission Limits Table 4 to Subpart DDDDD of Part 63. Operating Limits for Boilers Table 5 to Subpart DDDDD of Part 63. Performance Testing Requirements Table 6 to Subpart DDDDD of Part 63. Fuel Analysis Requirements Table 7 to Subpart DDDDD of Part 63. Establishing Operating Limits Table 8 to Subpart DDDDD of Part 63. Demonstrating Continuous Compliance Table 9 to Subpart DDDDD of Part 63. Reporting Requirements Table 10 to Subpart DDDDD of Part 63. Applicability of General What this Subpart Covers § 63.7480 What is the purpose of this subpart?

This subpart establishes national emission limits and work practice standards for hazardous air pollutants emitted from industrial, commercial, and institutional boilers and process heaters. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limits and work practice standards.

§ 63.7485 Am I subject to this subpart?

You are subject to this subpart if you own or operate an industrial, commercial, or institutional boiler or process heater as defined in § 63.7575 that is located at, 107 or is part of, a major source of hazardous air pollutants as defined in § 63.2 or § 63.760 ( 40 CFR 63 Subpart HH, for Oil and Natural Gas Production Facilities) of this subpart,

except as specifically exempted in § 63.7491.

§ 63.7490 What is the affected source of this subpart?

( a) This subpart applies to new, reconstructed, or existing affected sources as described in paragraphs ( a)( 1)

and ( 2) of this section.

( 1) The affected source of this subpart is the collection of all existing industrial, commercial, and institutional boilers and process heaters as defined in § 63.7575 located at a major source.

( 2) The affected source of this subpart is each new or reconstructed industrial, commercial, or institutional boiler or process heater as defined in § 63.7575 located at a major source.

( b) A boiler or process heater is new if you commence construction of the boiler or process heater after January 13, 2003, and you meet the applicability criteria at the time you commence construction.

( c) A boiler or process heater is reconstructed if you meet the reconstruction criteria as defined in § 63.2 of 108 subpart A of this part, you commence reconstruction after January 13, 2003, and you meet the applicability criteria at the time you commence reconstruction.

( d) A boiler or process heater is existing if it is not new or reconstructed.

§ 63.7491 Are any boilers or process heaters exempt from this subpart?

( a) The types of boilers and process heaters listed in paragraphs ( a)( 1) through ( 14) of this section are exempt from this subpart.

( 1) A municipal waste combustor covered by 40 CFR part 60, subpart AAAA, subpart BBBB or subpart Cb.

( 2) A hospital/ medical/ infectious waste incinerator covered by 40 CFR part 60, subpart Ce or subpart Ec.

( 3) An electric utility steam generating unit that is a fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale is considered an electric utility steam generating unit. 109 ( 4) A boiler or process heater required to have a permit under section 3005 of the Solid Waste Disposal Act or covered by 40 CFR part 63, supbart EEE ( e. g., hazardous waste boilers).

( 5) A commercial and industrial solid waste incineration unit covered by 40 CFR part 60, subpart CCCC or subpart DDDD.

( 6) A recovery boiler or furnace covered by 40 CFR part 63, subpart MM.

( 7) A boiler or process heater that is used specifically for research and development. This does not include units that only provide steam to a process at a research and development facility.

( 8) A hot water heater as defined in this subpart.

( 9) A refining kettle covered by 40 CFR part 63,

subpart X.

( 10) An ethylene cracking furnace covered by 40 CFR part 63, subpart YY.

( 11) Blast furnace stoves as described in the EPA document entitled " National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Integrated Iron and Steel Plants  Background Information for Proposed 110 Standards" ( EPA 453/ R 01 005).

( 12) Any boilers and process heaters specifically listed as an affected source in another standard under 40 CFR part 63.

( 13) Temporary boilers as defined in this subpart.

( 14) Blast furnace gas fuel fired boilers and process heaters as defined in this subpart.

§ 63.7495 When do I have to comply with this subpart?

( a) If you have a new or reconstructed boiler or process heater, you must comply with this subpart by [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER] or upon startup of your boiler or process heater,

whichever is later.

( b) If you have an existing boiler or process heater,

you must comply with this subpart no later than 3 years after [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER].

( c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of hazardous air pollutants, paragraphs ( c)( 1)

and ( 2) of this section apply to you.

( 1) Any new or reconstructed boiler or process heater 111 at the existing facility must be in compliance with this subpart upon startup.

( 2) Any existing boiler or process heater at the existing facility must be in compliance with this subpart within 3 years after the facility becomes a major source.

( d) You must meet the notification requirements in § 63.7545 according to the schedule in § 63.7545 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limits and work practice standards in this subpart.

Emission Limits and Work Practice Standards § 63.7499 What are the subcategories of boilers and process heaters?

( a) The subcategories of boilers and process heaters are large solid fuel, limited use solid fuel, small solid fuel, large liquid fuel, limited use liquid fuel, small liquid fuel, large gaseous fuel, limited use gaseous fuel,

and small gaseous fuel. Each subcategory is defined in § 63.7575.

( b) If you change an existing boiler or process heater in a solid fuel subcategory such that its applicable 112 subcategory also changes and the change does not meet the definition of reconstruction as defined in subpart A of this part, you may choose to meet the applicable emission limits for the original solid fuel subcategory.

§ 63.7500 What emission limits, work practice standards,

and operating limits must I meet?

( a) You must meet the requirements in paragraphs ( a)( 1) and ( 2) of this section.

( 1) You must meet each emission limit and work practice standard in Table 1 of this subpart that applies to your boiler or process heater, except as provided under § 63.7507.

( 2) You must meet each operating limit in Tables 2 through 4 of this subpart that applies to your boiler or process heater. If you use a control device or combination of control devices not covered in Tables 2 through 4 of this subpart, or you wish to establish and monitor an alternative operating limit and alternative monitoring parameters, you must apply to the Administrator for approval of alternative monitoring under § 63.8( f) of this part.

( b) As provided in § 63.6( g), EPA may approve use of 113 an alternative to the work practice standards in this section.

General Compliance Requirements § 63.7505 What are my general requirements for complying with this subpart?

( a) You must be in compliance with the emission limits ( including operating limits) and the work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction.

( b) You must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6( e)( 1)( i).

( c) You can demonstrate compliance with any applicable emission limit using fuel analysis if the emission rate calculated according to § 63.7530( d) is less than the applicable emission limit. Otherwise, you must demonstrate compliance using performance testing.

( d) If you demonstrate compliance with any applicable emission limit through performance testing, you must develop a site specific monitoring plan according to the requirements in paragraphs ( d)( 1) through ( 4) of this 114 section. This requirement also applies to you if you petition the Administrator for alternative monitoring parameters under § 63.8( f) of this part.

( 1) For each continuous monitoring system required in this section, you must develop and submit to the Administrator for approval a site specific monitoring plan that addresses paragraphs ( d)( 1)( i) through ( iii) of this section. You must submit this site specific monitoring plan at least 60 days before your initial performance evaluation of your continuous monitoring system.

( i) Installation of the continuous monitoring system ( CMS) sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e. g., on or downstream of the last control device);

( ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems; and ( iii) Performance evaluation procedures and acceptance criteria ( e. g., calibrations). 115 ( 2) In your site specific monitoring plan, you must also address paragraphs ( d)( 2)( i) through ( iii) of this section.

( i) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8( c)( 1),( 3), and ( 4)( ii);

( ii) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8( d); and ( iii) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10( c),

( e)( 1), and ( e)( 2)( i).

( 3) You must conduct a performance evaluation of each continuous monitoring system in accordance with your sitespecific monitoring plan.

( 4) You must operate and maintain the continuous monitoring systems in continuous operation according to the site specific monitoring plan.

( e) You must develop and implement a written startup,

shutdown, and malfunction ( SSM) plan according to the provisions in § 63.6( e)( 3).

§ 63.7506 Do any boilers or process heaters have limited requirements? 116 ( a) New or reconstructed boilers and process heaters in one of the liquid fuel subcategories ( the large liquid fuel subcategory, the limited use liquid fuel subcategory,

or the small liquid fuel subcategory) that burn only fossil fuels and other gases and do not burn any residual oil are subject to the emission limits and applicable work practice standards in Table 1 of this subpart. You are not required to conduct a performance test to demonstrate compliance with the emission limits. You are not required to set and maintain operating limits to demonstrate continuous compliance with the emission limits. However, you must meet the requirements in paragraphs ( a)( 1) and ( 2) of this section.

( 1) To demonstrate initial compliance, you must include a signed statement in the Notification of Compliance Status report required in § 63.7545( e) that indicates you burn only liquid fossil fuels other than residual oils either alone or in combination with gaseous fuels.

( 2) To demonstrate continuous compliance with the applicable emission limits, you must also keep records, as required in § 63.7555, that demonstrate that you burn only 117 liquid fossil fuels other than residual oils either alone or in combination with gaseous fuels. You must also include a signed statement in each semiannual compliance report required in § 63.7550 that indicates you burned only liquid fossil fuels other than residual oils, either alone or in combination with gaseous fuels, during the reporting period.

( b) The affected boilers and process heaters listed in paragraphs ( b)( 1) through ( 4) of this section are subject to only the initial notification requirements in § 63.9( b) of subpart A ( i. e., they are not subject to the emission limits, work practice standards, performance testing, monitoring, SSM plans, site specific monitoring plans, recordkeeping, and reporting requirements of this subpart or any other requirements in subpart A).

( 1) Existing large and limited use gaseous fuel fired units.

( 2) Existing large and limited use liquid fuel fired units.

( 3) New small gaseous fuel fired units.

( 4) New small liquid fuel fired units that burn only gaseous fuels or distillate oil. New small liquid fuel 118 fired boilers and process heaters that commence burning of any other type of liquid fuel must comply with all applicable requirements of this subpart and subpart A of this part upon startup of burning the other type of liquid fuel.

( c) The affected boilers and process heaters listed in paragraphs ( c)( 1) through ( 3) of this section are not subject to the initial notification requirements in § 63.9( b) of subpart A and are not subject to any requirements in this subpart or in subpart A of this part ( i. e., they are not subject to the emission limits, work practice standards, performance testing, monitoring, SSM plans, site specific monitoring plans, recordkeeping, and reporting requirements of this subpart, or any other requirements in subpart A of this part.

( 1) Existing small solid fuel fired boilers and process heaters.

( 2) Existing small liquid fuel fired boilers and process heaters.

( 3) Existing small gaseous fuel fired boilers and process heaters.

§ 63.7507 What are the risk based alternative compliance 119 options for the HCl and total selected metals standards?

( a) As an alternative to the requirement for large solid fuel fired boilers located at a single facility to demonstrate compliance with the HCl emission limit in Table 1, you may demonstrate eligibility for the risk based alternative compliance option for HCl emissions under the procedures prescribed in Appendix A.

( b) In lieu of complying with the emission standard for total selected metals in Table 1 based on the sum of emissions for the 8 selected metals, you may demonstrate eligibility for complying with the emission standard for total selected metals in Table 1 based on the sum of emissions for 7 selected metals ( by excluding manganese emissions from the summation of total selected metals emissions) under the procedures prescribed in Appendix A.

Testing, Fuel Analyses, and Initial Compliance Requirements § 63.7510 What are my initial compliance requirements and by what date must I conduct them?

( a) For affected sources that elect to demonstrate compliance with any of the emission limits of this subpart through performance testing, your initial compliance requirements include conducting performance tests according 120 to § 63.7520 and Table 5 of this subpart, conducting a fuel analysis for each type of fuel burned in your boiler or process heater according to § 63.7521 and Table 6 of this subpart, establishing operating limits according to § 63.7530 and Table 7 of this subpart, and conducting continuous monitoring system performance evaluations according to § 63.7525.

( b) For affected sources that elect to demonstrate compliance with the emission limits for hydrogen chloride,

mercury, or total selected metals through fuel analysis,

your initial compliance requirement is to conduct a fuel analysis for each type of fuel burned in your boiler or process heater according to § 63.7521 and Table 6 of this subpart and establish operating limits according to § 63.7530 and Table 7 of this subpart.

( c) For sources that have an applicable work practice standard, your initial compliance requirements depend on the rated capacity of your boiler or process heater. If your boiler or process heater has a heat input capacity less than 100 million Btu per hour, your initial compliance demonstration is conducting a performance test for carbon monoxide according to Table 5 of this subpart. If your 121 boiler or process heater has a heat input capacity of 100 million Btu per hour or greater, your initial compliance demonstration is conducting a performance evaluation of your continuous emission monitoring system for carbon monoxide according to 63.7525( a).

( d) For existing affected sources, you must demonstrate initial compliance no later than 180 days after the compliance date that is specified for your source in § 63.7495 and according to the applicable provisions in § 63.7( a)( 2) as cited in Table 10 of this subpart.

( e) If your new or reconstructed affected source commenced construction or reconstruction between January 13, 2003 and [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER], you must demonstrate initial compliance with either the proposed emission limits and work practice standards or the promulgated emission limits and work practice standards no later than 180 calendar days after [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER] or within 180 calendar days after startup of the source, whichever is later, according to § 63.7( a)( 2)( ix).

( f) If your new or reconstructed affected source 122 commenced construction or reconstruction between January 13, 2003, and [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER], and you chose to comply with the proposed emission limits and work practice standards when demonstrating initial compliance, you must conduct a second compliance demonstration for the promulgated emission limits and work practice standards within 3 years after [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER] or within 3 years after startup of the affected source, whichever is later.

( g) If your new or reconstructed affected source commences construction or reconstruction after [ INSERT THE DATE THE FINAL RULE IS PUBLISHED IN THE FEDERAL REGISTER],

you must demonstrate initial compliance with the promulgated emission limits and work practice standards no later than 180 days after startup of the source.

§ 63.7515 When must I conduct subsequent performance tests or fuel analyses?

( a) You must conduct all applicable performance tests according to § 63.7520 on an annual basis unless you follow the requirements listed in paragraphs ( b) through ( d) of this section. Annual performance tests must be completed 123 between 10 and 12 months after the previous performance test, unless you follow the requirements listed in paragraphs ( b) through ( d) of this section.

( b) You can conduct performance tests less often for a given pollutant if your performance tests for the pollutant ( particulate matter, hydrogen chloride, mercury,

or total selected metals) for at least 3 consecutive years show that you comply with the emission limit. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You must conduct a performance test during the third year and no more than 36 months after the previous performance test.

( c) If your boiler or process heater continues to meet the emission limit for particulate matter, hydrogen chloride, mercury, or total selected metals, you may choose to conduct performance tests for these pollutants every third year, but each such performance test must be conducted no more than 36 months after the previous performance test.

( d) If a performance test shows noncompliance with an emission limit for particulate matter, hydrogen chloride,

mercury, or total selected metals, you must conduct annual 124 performance tests for that pollutant until all performance tests over a consecutive 3 year period show compliance.

( e) If you have an applicable work practice standard for carbon monoxide and your boiler or process heater has a heat input capacity less than 100 million Btu per hour ,

you must conduct annual performance tests for carbon monoxide according to § 63.7520. Each annual performance test must be conducted between 10 and 12 months after the previous performance test.

( f) You must conduct a fuel analysis according to § 63.7521 for each type of fuel burned no later than 5 years after the previous fuel analysis for each fuel type. If you burn a new type of fuel, you must conduct a fuel analysis before burning the new type of fuel in your boiler or process heater. You must still meet all applicable continuous compliance requirements in § 63.7540.

( g) You must report the results of performance tests and fuel analyses within 60 days after the completion of the performance tests or fuel analyses. This report should also verify that the operating limits for your affected source have not changed or provide documentation of revised operating parameters established according to § 63.7530 and 125 Table 7 of this subpart, as applicable. The reports for all subsequent performance tests and fuel analyses should include all applicable information required in § 63.7550.

§ 63.7520 What performance tests and procedures must I use?

( a) You must conduct all performance tests according to § 63.7( c),( d), ( f), and ( h). You must also develop a site specific test plan according to the requirements in § 63.7( c) if you elect to demonstrate compliance through performance testing.

( b) You must conduct each performance test according to the requirements in Table 5 of this subpart.

( c) New or reconstructed boilers or process heaters in one of the liquid fuel subcategories that burn only fossil fuels and other gases and do not burn any residual oil must demonstrate compliance according to § 63.7506( a).

( d) You must conduct each performance test under the specific conditions listed in Tables 5 and 7 of this subpart. You must conduct performance tests at the maximum normal operating load while burning the type of fuel or mixture of fuels that have the highest content of chlorine,

mercury, and total selected metals, and you must demonstrate initial compliance and establish your operating