[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Proposed Rules]
[Pages 32114-32116]
[FR Doc No: 2019-14374]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2018-0851; FRL-9996-20-OAR]
RIN 2060-AU27

Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing
amendments to the Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines. In the ``Rules and Regulations''
section of this Federal Register, we are publishing a direct final
rule, without a prior proposed rule that revises the emission standards
for particulate matter for new stationary compression ignition (CI)
engines located in remote areas of Alaska. If we receive no adverse
comment, we will not take further action on this proposed rule.

DATES: Comments. Comments must be received on or before August 5, 2019,
or 30 days after date of public hearing, if one is requested.
    Public hearing. If anyone contacts us requesting a public hearing
on or before July 10, 2019, we will hold a hearing. Additional
information about the hearing, if requested, will be published in a
subsequent Federal Register document and posted at https://www.epa.gov/stationary-engines/new-source-performance-standards-stationary-compression-ignition-internal-0. See SUPPLEMENTARY INFORMATION for
information on requesting and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2018-0851, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2018-0851 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2018-0851.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2018-0851, Mail Code 28221T, 1200

Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Melanie King, Sector Policies and Programs Division
(D243-01), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Public hearing. Please contact Adrian Gates at<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>to request a public hearing, to register
to speak at the public hearing, or to inquire as to whether a public
hearing will be held.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2018-0851. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334,
EPA WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2018-0851. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov/ or email. This
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket.
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, 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.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2018-0851.

I. Direct Final Rule

    A direct final rule that would make the same changes as those
proposed in this notice is published in the Rules and Regulations
section of this Federal Register. The EPA has published a direct final
action on the amendments that are also proposed in this action because
we view the amendments as noncontroversial and anticipate no
significant adverse comments. The EPA has explained our reasons for
these amendments in the direct final rule. If no significant adverse
comments are received, no further action will be taken on the proposal,
and the direct final rule will become effective as provided in that
action.
    If the EPA receives significant adverse comments, we will withdraw
the direct final rule. The EPA will publish a timely withdrawal in the
Federal Register. If the direct final rule in the Rules and Regulations
section of this Federal Register is withdrawn, all comments will be
addressed in a subsequent final rule based on this proposal. In such
case, the EPA does not intend to institute a second comment period
pertaining to the amendments on the subsequent final action. Any
parties interested in commenting should do so at this time.
    The amendments to the regulatory text proposed in this notice are
identical to the amendments made in the direct final rule published in
the Rules and Regulations section of this Federal

Register. For further supplementary information, the detailed rationale
for the proposal and the regulatory revisions, see the direct final
rule published in the Rules and Regulations section of this Federal
Register.

II. Statutory and Executive Order Reviews

    For a complete discussion of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.

    Dated: June 27, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-14374 Filed 7-3-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20136-20137]
[FR Doc No: 2021-07827]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP21-724-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: Updates to Tariff Contact
Person to be effective 5/8/2021.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5057.
    Comments Due: 5 p.m. ET 4/20/21.

    Docket Numbers: RP21-725-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Sec.  4(d) Rate Filing: SGSC Tariff Contact Person
Update to be effective 5/8/2021.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5064.
    Comments Due: 5 p.m. ET 4/20/21.

    Docket Numbers: RP21-726-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Sec.  4(d) Rate Filing: Update to Tariff Contact
Person to be effective 5/8/2021.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5089.
    Comments Due: 5 p.m. ET 4/20/21.

    Docket Numbers: RP21-727-000.
    Applicants: ANR Pipeline Company.
    Description: Compliance filing Petition for Limited Waivers.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5236.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: RP21-728-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Compliance filing Petition for Limited Waivers.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5237.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: RP21-729-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Compliance filing Petition for Limited Waivers.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5245.
    Comments Due: 5 p.m. ET 4/13/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: April 12, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-07827 Filed 4-15-21; 8:45 am]
BILLING CODE 6717-01-P


Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 1 For the reasons stated in the preamble, Title 40, Chapter I of the Code of Federal Regulations is amended as follows:

Part 51   Requirements for Preparation, Adoption, and Submittal of Implementation Plans 1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401 7671q.

Subpart I  Review of New Sources and Modifications ( Amended)

2. Section 51.165 is amended:

a. By revising paragraph ( a)( 1)( x).

b. By revising paragraph ( a)( 1)( xxxvii)( C).

c. By adding paragraphs ( a)( 1)( xxxvii)( C)( 1) through ( 4).

d. By adding paragraph ( a)( 1)( xxxvii)( D).

e. By revising paragraph ( a)( 9).

The revisions and additions read as follows:

§ 51.165  Permit requirements ( a) * * *

( 1) * * *

( x) Significant means in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 2 POLLUTANT EMISSION RATE * * *

PM10: 15 tpy.

PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( a)( 1)( xxxvii).

* * *

( xxxvii) Regulated NSR pollutant, for purposes of this section,

means the following:

* * *

( C) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs ( a)( 1)( xxxvii)( A) or ( B) of this section, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:

( 1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

( 2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 3 ( 3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( 4) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds or ammonia from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

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

( 2) * * *

( 3) * * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 4 ( 4) * * *

( 5) * * *

( 6) * * *

( 7) * * *

( 8) * * *

( 9) ( i) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section, the ratio of total actual emissions reductions to the emissions increase shall be at least 1: 1 unless an alternative ratio is provided for the applicable nonattainment area in paragraph ( a)( 9)( ii) to ( a)( 9)( iv).

( ii) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows: Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 5 ( A) In any marginal nonattainment area for ozone   at least 1.1: 1;

( B) In any moderate nonattainment area for ozone   at least 1.15: 1;

( C) In any serious nonattainment area for ozone   at least 1.2: 1;

( D) In any severe nonattainment area for ozone   at least 1.3: 1 ( except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( E) In any extreme nonattainment area for ozone   at least 1.5: 1 ( except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( iii) Notwithstanding the requirements of paragraph ( a)( 9)( ii) of this section for meeting the requirements of paragraph ( a)( 3) of this section, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15: 1 for all areas within an ozone transport region that is subject to Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 6 subpart 2, part D, title I of the Act, except for serious,

severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act.

( iv) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section for ozone nonattainment areas that are subject to subpart 1, part D, title I of the Act ( but are not subject to subpart 2, part D, title I of the Act, including 8 hour ozone nonattainment areas subject to 40 CFR 51.902( b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1: 1.

* * *

3. Section 51.166 is amended:

a. By adding paragraph ( a)( 6)( iv).

b. By revising paragraphs ( b)( 23), ( b)( 49), ( i)( 5)( ii),

and ( i)( 5)( iii).

The addition and revisions read as follows:

§ 51.166  Prevention of significant deterioration of air quality Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 7 ( a)

* * *

( 6) Amendments.

* * *

( iv) When an implementation plan must be amended to address the prevention of significant deterioration of air quality for the PM2.5 national ambient air quality standards, the PM10 implementation plan provisions approved pursuant to this section may be used to implement a PM2.5 program until such amendments are approved, provided that ( 1) particulate matter emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures for purposes of determining applicability of prevention of significant deterioration requirements; and ( 2) the air quality analysis required under subsection ( m) of this section shall be conducted with respect to the PM2.5 standards.

( b) Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 8 * * *

( 23)( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

POLLUTANT AND EMISSIONS RATE * * * *

Particulate matter: 25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( b)( 49).

* * *

( 49) Regulated NSR pollutant, for purposes of this section, means the following: Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 9 ( i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors to such pollutants. Precursors identified by the Administrator for purposes of NSR are the following:

( a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

( b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

( c) Nitrogen oxides are presumed precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction that Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 10 emissions of volatile organic compounds from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

* * *

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

* * *

( i) * * *

( 5) * * *

* * *

( ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph ( i)( 5)( i) of this section; or ( iii) The pollutant is not listed in paragraph ( i)( 5)( i) of this Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 11 section.

* * *

4. Appendix S to subpart 51 is amended:

a. By revising paragraph II. A. 10.

b. By revising paragraph [# to be determined in Appendix S rule incorporating NSR reform provisions]( C).

c. By revising paragraph IV G.

The revisions read as follows:

Appendix S to Part 51  Emissions Offset Interpretive Ruling I  INTRODUCTION * * *

II  INITIAL SCREENING ANALYSIS AND DETERMINATION OF APPLICABLE REQUIREMENTS A. * * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 12 * * *

10. ( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate * * *

Particulate matter: 25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph [# to be determined in Appendix S rule incorporating NSR reform provisions].

* * *

[# to be determined in Appendix S rule incorporating NSR reform provisions] Regulated NSR pollutant, for purposes of this Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 13 section, means the following:

* * *

( iii) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs [# to be determined in Appendix S rule incorporating NSR reform provisions] of this section, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:

( a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

( b) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

( c) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 14 contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( d) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds or ammonia from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

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

III. * * *

IV. * * *

G. Offset Ratios. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 15 1. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling, the ratio of total actual emissions reductions to the emissions increase shall be at least 1: 1 unless an alternative ratio is provided for the applicable nonattainment area in paragraphs IV. G. 2 to IV. G. 4.

2. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:

( i) In any marginal nonattainment area for ozone   at least 1.1: 1;

( ii) In any moderate nonattainment area for ozone   at least 1.15: 1;

( iii) In any serious nonattainment area for ozone   at least 1.2: 1;

( iv) In any severe nonattainment area for ozone   at least 1.3: 1 ( except that the ratio may be at least 1.2: 1 if the State also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( v) In any extreme nonattainment area for ozone   at least Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 16 1.5: 1 ( except that the ratio may be at least 1.2: 1 if the State also requires all existing major sources in such nonattainment area to use BACT for the control of VOC);

3. Notwithstanding the requirements of paragraph IV. G. 2. of this Ruling for meeting the requirements of paragraph IV. A,

Condition 3 of this Ruling, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15: 1 for all areas within an ozone transport region that is subject to subpart 2, part D, title I of the Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act.

4. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling for ozone nonattainment areas that are subject to subpart 1, part D, title I of the Act ( but are not subject to subpart 2, part D, title I of the Act,

including 8 hour ozone nonattainment areas subject to 40 CFR 51.902( b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1: 1.

Part 52   Approval and Promulgation of Implementation Plans Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 17 5. Section 52.21 is amended by revising paragraphs ( b)( 23), ( b)( 50) and ( i)( 5)( ii) to read as follows:

§ 52.21  Prevention of significant deterioration of air quality ( a) * * *

* * *

( b) * * *

* * *

( 23)( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate * * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 18 Particulate matter:

25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( b)( 50).

* * *

( 50) Regulated NSR pollutant, for purposes of this section, means the following:

( i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants. Precursors identified by the Administrator for purposes of NSR are the following:

( a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

( b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 19 ( c) Nitrogen oxides are presumed precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

* * *

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

* * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 20 ( i) * * *

( 5) * * *

* * *

( ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph ( i)( 5)( i) of this section; or ( iii) The pollutant is not listed in paragraph ( i)( 5)( i) of this section.

* * *


[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63682-63683]
[FR Doc No: 2011-26381]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65495; File No. SR-MSRB-2011-18]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Amended and
Restated Articles of Incorporation of Municipal Securities Rulemaking
Board

October 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on September 30, 2011, the Municipal Securities
Rulemaking Board (``Board'' or ``MSRB'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the MSRB. The MSRB has filed the proposed rule change
pursuant to Section 19(b)(3)(A)(iii) \3\ of the Exchange Act, and Rule
19b-4(f)(3) 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB has filed with the SEC a proposed rule change consisting
of an Amended and Restated Articles of Incorporation.
    The text of the proposed rule change is available on the MSRB's Web
site at http://www.msrb.org/Rules-and-Interpretations/SEC-Filings/2011-Filings.aspx, at the MSRB's principal office, 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 MSRB 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 Board 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
    On September 28, 2011 the Commission approved a proposed rule
change consisting of amendments to MSRB Rule A-3, on membership on the
Board.\5\ The amendments to A-3 established a permanent Board structure
of 21 Board members divided into three classes, each class composed of
seven members that will serve three-year terms. In addition, amended
Rule A-3(h) sets forth a two-year transitional period, commencing
October 1, 2012 and ending on September 30, 2014. During this
transitional period, two Board Directors who commenced their terms in
2009 and two Board Directors who commenced their terms in 2010 shall
serve four-year terms, in order to

transition the Board of Directors to three equally sized classes.
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    \5\ See Release No. 34-65424, File No. SR-MSRB-2011-11
(September 28, 2011).
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    The proposed rule change would make changes to the Articles of
Incorporation as are necessary and appropriate in order to comply with
Section 15B of the Exchange Act, 15 U.S.C. 78o-4, as amended by the
Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law
111-203, Sec.  975, 124 Stat. 1376 (2010) (the ``Dodd-Frank Act''), and
conform the Articles of Incorporation to amended MSRB Rule A-3.
2. Statutory Basis
    Sections 15B(b)(1) and (2) of the Exchange Act,\6\ as amended by
the Dodd-Frank Act, require, among other things, that the rules of the
Board establish fair procedures for the nomination and election of
members of the Board and assure fair representation in such nominations
and elections of public representatives, broker-dealer representatives,
bank representatives, and advisor representatives and the terms that
shall be served by such members. The MSRB believes that the proposed
rule change is consistent with Section 15B(b)(1) and (2) of the
Exchange Act, in that it conforms the Articles of Incorporation of the
Board to the requirements of the Dodd-Frank Act and amended MSRB Rule
A-3.
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    \6\ 15 U.S.C. 78o-4(b).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Exchange Act, since the proposed rule change
simply amends the Articles of Incorporation of the Board to comply with
the requirements of the Dodd-Frank Act and MSRB Rule A-3, and solely
concerns the administration of the organization.

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Exchange Act\7\ and Rule 19b-4(f)(3) thereunder
\8\ because it is concerned solely with the operation and
administration of the MSRB. 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 Exchange Act.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(3).
    \9\ See Section 19(b)(3)(C) of the Exchange Act, 15 U.S.C.
78s(b)(3)(C).
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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 Exchange 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-MSRB-2011-18 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-MSRB-2011-18. 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 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the MSRB's offices. 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-MSRB-2011-18 and should be submitted on
or before November 3, 2011.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26381 Filed 10-12-11; 8:45 am]
BILLING CODE 8011-01-P