[Federal Register: August 4, 2006 (Volume 71, Number 150)]
[Notices]
[Page 44283-44291]
[DOCID:fr04au06-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0076; FRL-8205-6]

Notice of Data Availability for EGU NOX Annual and NOX Ozone
Season Allocations for the Clean Air Interstate Rule Federal
Implementation Plan Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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SUMMARY: On March 15, 2006, EPA promulgated Federal Implementation
Plans (FIPs) for all States covered by the Clean Air Interstate Rule
(CAIR). The FIPs will regulate electric generating units (EGUs) in the
affected States and achieve the emission reductions required by CAIR
until each affected State has an approved CAIR State Implementation
Plan (SIP) to achieve the reductions. The Agency promulgated FIPs to
provide a federal backstop for CAIR. EPA will withdraw a State's FIP in
coordination with approval of a SIP implementing the requirements of
CAIR.
    Today's action relates to the CAIR FIP regulatory text, which
indicates that the Administrator will determine by order the CAIR
NOX allowance allocations. In the CAIR FIP preamble, EPA
also indicated its intention to publish a NODA with NOX
allowance allocations for 2009 through 2014, provide the public with
the opportunity to object to the data, and then publish a final NODA
(adjusted if necessary).
    In today's NODA, the EPA is making available to the public data
relating to NOX annual and NOX ozone season
allocations under the CAIR FIP that EPA will allocate to individual
existing units covered by the CAIR FIP NOX annual and
NOX ozone season trading programs for 2009-2014. These
allocations use data from the U.S. Environmental Protection Agency's
Clean Air Markets Division's (CAMD) database (which contains data
reported under the Acid Rain Program), U.S. Energy Information
Administration (EIA) database, and data previously provided to EPA by
sources. The NODA references, or presents in tables, all these data and
the NOX annual and NOX ozone season allowance
allocations calculated using the data and the allocation formulas
finalized in the CAIR FIP, for existing units for 2009 through 2014.

DATES: Objections must be received on or before September 5, 2006.

ADDRESSES: Submit your objections, identified by Docket Number OAR-
2004-0076 by one of the following methods:
    A. Federal Rulemaking Portal: http://www.regulations.gov. Today's

action is not a rulemaking, but you may use the Federal Rulemaking
Portal to submit objections to the NODA. To submit objections, follow
the online instructions for submitting comments.
    B. Mail: Air Docket, ATTN: Docket Number OAR-2004-0076,
Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
    C. E-mail<EMAIL_ADDRESS>    D. Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW.,
Room B102, Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.

    Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
http://www.epa.gov/epahome/dockets.htm for current information on

docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected by the

flooding and will remain the same.

    Instructions: Direct your objections to Docket ID No. OAR-2004-
0076. The EPA's policy is that all objections received will be included
in the public docket without change and may be made available online at
http://www.epa.gov/edocket, including any personal information

provided, unless the objection includes information

claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your objection. If you send an e-mail objection directly to EPA
without going through http://www.regulations.gov, your e-mail address

will be automatically captured and included as part of the objection
that is placed in the public docket and made available on the Internet.
If you submit an electronic objection, EPA recommends that you include
your name and other contact information in the body of your objection
and with any disk or CD-ROM you submit. If EPA is unable to read your
objection and contact you for clarification due to technical
difficulties, EPA may not be able to consider your objection.
Electronic files should avoid the use of special characters and any
form of encryption and should be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy at the EPA Docket Center, EPA West, Room B102, 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
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.

FOR FURTHER INFORMATION CONTACT: General questions concerning today's
action and technical questions concerning heat input or fuel data
should be addressed to Brian Fisher, USEPA Headquarters, Ariel Rios
Building, 1200 Pennsylvania Ave., Mail Code 6204 J, Washington, DC
20460. Telephone at<PHONE_NUMBER>, e-mail at<EMAIL_ADDRESS>If
mailing by courier, address package to Brian Fisher, 1310 L St., NW, RM
713G, Washington, DC 20005.

SUPPLEMENTARY INFORMATION:

Outline

1. General Information.
2. What Is Today's Action?
3. How Are the Data in This NODA Related to the CAIR FIP
NOX Allowance Allocations?
4. What Are the Sources of the EPA's Data?
5. How Do I Interpret the Data Tables Presented in Today's NODA?
6. Why Is the EPA Providing Opportunity To Object to These Data and
the Calculations Using the Data in the Allocation Formula?
7. What Data Are EPA Making Available for Review and Objection?
8. Where Can I Get the Data?
9. On What Topics Is EPA Not Requesting Objections?
10. What Supporting Documentation Do I Need To Provide With My
Objection?

 1. General Information

    This action relates to Sec. Sec.  97.141 and 97.341 of the CAIR
FIP. These sections indicate that the Administrator will determine by
order the CAIR NOX allowance allocations. In the CAIR FIP
preamble, EPA stated its intention to publish a NODA with
NOX allowance allocations for 2009 through 2014 (71 FR
25352).

Does This Action Apply to Me?

    Categories and entities potentially regulated by this action
include the following:

------------------------------------------------------------------------
                                                 Examples of potentially
            Category               NAICS code       regulated entities
------------------------------------------------------------------------
Industry.......................          221112  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units.
Federal Government.............          221122  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units.
State/local/Tribal government..          221122  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units owned
                                                  by municipalities.
                                         921150  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units in
                                                  Indian Country.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section under FOR FURTHER INFORMATION CONTACT.
    The NOX allowance allocations in today's NODA are for
existing units. Existing units are units that commenced operation
before January 1, 2001. New units, which commence operation on or after
January 1, 2001, will initially receive allowances through the new unit
set aside. Once new units have established a five year baseline, they
will be incorporated into the calculation for allowances for existing
units.
    The CAIR FIP rule states units will be subject to the CAIR FIP
trading programs (i.e, to the CAIR FIP SO2, NOX
annual, or NOX ozone season programs, as appropriate) if
they are a stationary, fossil-fuel-fired boiler or stationary, fossil-
fuel-fired combustion turbine serving at any time on or after November
15, 1990 or the start-up of the unit's combustion chamber, a generator
with nameplate capacity of more than 25 MWe producing electricity for
sale. Certain cogeneration units or solid waste incineration units are
exempt from the CAIR FIP and are described below.

Cogeneration Unit Exemption

    Certain cogeneration units are exempt from the CAIR FIP trading
programs. Cogeneration units are units having equipment used to produce
electricity and useful thermal energy for industrial, commercial,
heating, or cooling purposes through sequential use of energy and
meeting certain operating and efficiency standards. The program has
different applicability provisions for non-cogeneration units and
cogeneration units. Any cogeneration unit serving (since the later of
November 15, 1990 or the start-up of the unit) a generator with a
nameplate capacity greater than 25 MWe, supplying more than \1/3\
potential electric output capacity, and more than 219,000 Mw-hrs,
annually to any utility power distribution system for sale will be
subject to the requirements of the CAIR FIP trading rules. Otherwise, a
cogeneration unit will qualify for an exemption.

Solid Waste Incinerator Exemption

    A solid waste incineration unit commencing operation before January
1, 1985, for which the average annual fuel consumption of non-fossil
fuels during 1985-1987 exceeded 80 percent and the

average annual fuel consumption of non-fossil fuels during any 3
consecutive calendar years after 1990 exceeds 80 percent, is not
subject to the CAIR FIP cap-and-trade program. Further, a solid waste
incineration unit commencing operation on or after January 1, 1985, for
which the average annual fuel consumption of non-fossil fuels for the
first 3 calendar years of operation exceeds 80 percent and the average
annual fuel consumption of non-fossil fuels during any 3 consecutive
calendar years after 1990 exceeds 80%, is not subject to the CAIR FIP
cap- and trade program.

What Should I Consider as I Prepare My Objections for EPA?

    To expedite review of your objections by Agency staff, you are
encouraged to send a separate copy of your objections, in addition to
the copy you submit to the official docket, to Brian Fisher U.S. EPA,
Ariel Rios Building, Mail Code 6204J, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you e-mail the copy of your objections to Mr.

Fisher, put ``objection for Docket Number OAR-2004-0076'' in the
subject line to alert Mr. Fisher that an objection is included. If
mailing by courier, address package to Brian Fisher, 1310 L St., NW.,
RM 713G, Washington, DC 20005.
    Do not submit CBI to EPA through http://www.regulations.gov or e-

mail. Clearly mark any portion of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the objection
that includes information claimed as CBI, a copy of the objection that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2. Send or deliver information identified as CBI only to the following
address: Brian Fisher, U.S. EPA, Office of Air and Radiation, Mail Code
6204J, 1200 Pennsylvania Avenue, NW, Washington DC 20460.
    When submitting objections, remember to:
    (1) Identify the NODA by docket number and other identifying
information (subject heading, Federal Register date and page number).
    (2) Follow directions--The Agency may ask you to respond to
specific questions or organize objections in a specific manner.
    (3) Make sure to submit your objections by the deadline identified.

2. What is Today's Action?

    In the March 15, 2006 final action on the CAIR FIP, the EPA
finalized NOX annual and ozone season trading programs for
EGUs as the federal implementation remedy for CAIR. The EPA decided to
adopt, as the FIP for each State in the CAIR region, the model cap-and-
trade programs in the final CAIR, modified slightly to allow for
federal instead of State implementation (as revised March 15, 2006).
    These programs include a NOX annual trading program and
NOX ozone season trading program. As explained in the CAIR
FIP Notice of Final Rulemaking (NFR), the FIP NOX annual and
NOX ozone season trading programs require CAIR sources to
hold allowances sufficient to cover their emissions for each control
period. A NOX annual allowance will authorize the emission
of a ton of NOX during a calendar year, and a NOX
ozone season allowance will authorize the emission of a ton of
NOX during an ozone season (May 1 through September 30).
    In the CAIR FIP NFR, EPA adopted the State NOX annual
and NOX ozone season emission budgets for each State covered
by a CAIR FIP (see Tables V-1 and V-2 in the CAIR FIP NFR); these are
the same State emission budgets as finalized in the CAIR. For each
State covered by the CAIR FIP NOX trading programs, the
State NOX budgets are the total amount of allowances that
EPA will allocate to sources in that State for use in the FIP
NOX trading programs.
    EPA determined the method for allocating NOX annual and
NOX ozone season allowances under the FIP through a process
that included extensive public participation. Today's action does not
reopen for public comment the CAIR FIP NOX allocation
method, the state budgets, or any other aspects of the CAIR or CAIR FIP
rulemakings.
    Today, we are making available the inventory of existing units that
currently are potential CAIR units, the data on which the inventory is
based, the data used to calculate the allocation of NOX
allowances to individual existing potential CAIR units under the CAIR
FIP, and the resulting allowance allocations themselves. Today's action
explains what the data are, where they came from, and what issues are
open to objection. The purpose of making the data available for
objection is to ensure that we base the NOX FIP allocations
on the best available data. Under the CAIR FIP trading rules (40 CFR
97.142(a)(3) and 97.342(a)(3)), we will determine what data are the
best available by ``weighing the likelihood that data are accurate and
reliable and giving greater weight to data submitted to a governmental
entity in compliance with legal requirements or substantiated by an
independent entity.'' EPA is providing unit owners, unit operators, and
the public an opportunity to make objections to any of the data made
available in this NODA and used to develop the above-described
inventory and allocations. Any person objecting to any of the data
should explain the basis for his or her objection and should provide
alternative data and explain why they comprise the best available data.
EPA intends to publish a NODA with the final FIP NOX
allocations for 2009 through 2014 (adjusted if necessary in light of
any objections) by fall of 2006.
    The Agency's preference is for States to make decisions about
NOX allocations for their sources. Although in today's
action EPA is determining NOX allocations for the CAIR FIP
trading programs, we intend to record EPA-determined allocations in
allowance accounts only for sources located in a State without a
timely, approved CAIR SIP revision or a timely, approved abbreviated
CAIR SIP revision providing for State-determined allocations.
    Deadlines for States to submit CAIR SIP revisions and associated
NOX allocations and for EPA to record NOX
allocations in source accounts are as finalized in the CAIR (see 70 FR
25162, 25323 and 25326) and CAIR FIP (see 71 FR 25328, 25352-55). EPA
discusses these deadlines herein for information only; EPA is not
reopening for public comment those final deadlines. As finalized in the
CAIR and CAIR FIP NFRs, SIP submission deadlines are as follows:
     Full CAIR SIP revision: submit SIP revision by September
11, 2006 and initial set of NOX allocations (covering at
least 2009 through 2011) by October 31, 2006;
     Abbreviated SIP revision: \1\ submit SIP revision by March
31, 2007 and initial set of NOX allocations (covering at
least 2009 through 2011) by April 30, 2007.
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    \1\ See CAIR FIP NFR (71 FR 25352) for further discussion of
abbreviated CAIR SIP revisions.
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    In today's action EPA determines CAIR NOX allocations
covering 2009 through 2014 under the FIP. As finalized in the CAIR FIP
NFR, the Agency will record EPA-determined CAIR NOX
allocations in source

accounts one year at a time for 2009 and 2010 in order to provide
flexibility to States to determine allocations for their sources. The
final schedule for recording CAIR NOX allocations under the
FIP in source accounts is shown in Table VI-2 in the CAIR FIP NFR
preamble and reproduced here for informational purposes:

      Table I.--Recordation Deadlines for CAIR FIP NOX Allocations
------------------------------------------------------------------------
                                            Deadline by which FIP NOX
                                          allocations are recorded (EPA-
          CAIR control period            determined allocations or State-
                                           determined allocations using
                                            abbreviated SIP revision)
------------------------------------------------------------------------
2009...................................  September 30, 2007.
2010...................................  September 30, 2008.
2011...................................  September 30, 2009.
2012...................................  September 30, 2009.
2013...................................  September 30, 2009.
2014...................................  December 1, 2010.
2015...................................  December 1, 2011.
2016...................................  December 1, 2012.
------------------------------------------------------------------------

 3. How Are the Data in This NODA Related to the CAIR FIP
NOX Allowance Allocations?

    In the CAIR FIP NFR, EPA finalized the schedule for determining and
recording NOX allocations. EPA also finalized a methodology
for calculating unit level NOX allowances. Today's NODA
provides the unit level NOX allocations for existing
potential CAIR units for 2009-2014 calculated using this methodology,
as well as the data used in determining the inventory of existing
potential CAIR units and in making the allowance calculations.
    As provided in the CAIR FIP NOX annual and ozone season
trading rules (see 40 CFR 97.141 and 97.341), EPA is publishing this
NODA with CAIR FIP NOX allocations for existing potential
CAIR units for 2009-2014 and providing the public with the opportunity
to submit objections addressing whether any individual unit is treated
as an existing potential CAIR unit eligible for allowance allocations
in accordance with the applicability provisions in these trading rules
(see 40 CFR 97.104 and 97.305) and whether any unit allocation is
determined in accordance with the allocation provisions in these
trading rules (see 40 CFR 97.142 and 97.342). For example, objections
may be submitted concerning any of the data used in developing the
inventory or in calculating any of the allocations. EPA intends to
publish a subsequent NODA with final NOX allocations for
2009 through 2014 (adjusted if necessary in response to objections) in
the fall of 2006.
    In the CAIR FIP NFR, EPA finalized an allocation approach for
NOX annual and ozone season allowances for existing units
(i.e, units commencing operation before January 1, 2001) and new units
(i.e, units commencing operation on or after January 1, 2001) that is
consistent with the example methodology in the CAIR SIP model trading
rules. EPA used the NOX allocation method finalized in the
FIP NFR to calculate the existing unit NOX allocations in
today's NODA. Today's action does not address new unit allocations. New
unit allocation provisions under the CAIR FIP may be found in
Sec. Sec.  97.141, 97.341, 97.153 and 97.353. See 71 FR 25356-58 for
detailed description of the allocation method.
    The NOX allocation method in the CAIR FIP NFR was
finalized through a process that involved significant public
participation. EPA is not reopening the allocation method for public
comment. EPA provides a summary of the NOX allocation method
herein for informational purposes only.
    Allocations in today's NODA are for existing units for the first 6
control periods (2009 through 2014) of the CAIR NOX annual
and NOX ozone season trading programs. The NOX
allocation method finalized in the CAIR FIP NFR allocates by using
annual heat input data from the years 2000 through 2004 to develop
baseline heat inputs. These heat input values are adjusted using fuel
adjustment factors (1.0 for coal-fired units, 0.6 for oil-fired units,
and 0.4 for units fired with all other fuels (e.g., natural gas)). The
3 highest annual heat input values for the unit are averaged to
determine the unit's adjusted baseline heat input. Finally, the total
amount of allowances available for allocation each year to existing
units in a given state (i.e, 95% of the state trading budget) is
allocated to each individual unit in proportion to the unit's share of
the total adjusted baseline heat input for all existing units in the
State. The same methodology applies for ozone season allowances, only
ozone season heat input is used in place of annual heat input.
    Today's NODA provides unit NOX allocations calculated
according to the method finalized in the CAIR FIP NFR. Section 8 of
this NODA describes where to locate the allocation tables. The heat
input and fuel use data used to determine these allocations are
described in section 4 of this NODA.

4. What Are The Sources of EPA's Data?

A. Development of the Inventory of Existing Potential CAIR Units

    Diagram 1 in the Technical Support Document (TSD) provides a
general overview of how the inventory of existing potential CAIR units
was developed. Any existing unit currently reporting monitoring data
under the Acid Rain Program (referred to in this NODA as ``Acid Rain
units'') in a CAIR FIP State, except for an Acid Rain Program opt-in
unit, was included as an existing potential CAIR unit. The list of Acid
Rain units in the States was generated from EPA's Acid Rain Program
database. Units not reporting monitoring data under the Acid Rain
Program (referred to in this NODA as ``non-Acid Rain units'') that are
existing potential CAIR units were identified using data reported by
owners of generators to the Energy Information Administration (EIA) on
forms 860 and 767.
    From the EIA form 860 database, we identified, for non-Acid Rain
units, all generators with a nameplate capacity greater than 25 MWe
served by a boiler or turbine with a fossil fuel energy source. In
determining whether a unit has a fossil fuel energy source, we applied
the definition of ``fossil fuel'' in the CAIR FIP (40 CFR 97.102). From
that list we then excluded generators as follows:
     We excluded generators which did not sell electricity to a
utility based on EIA form 860b data from 1999 and 2000. EIA form 860b
sales data were not available after 2000 due to changes in the EIA form
860b. Consequently, our exclusion of generators for purposes of
allocating allowances does not necessarily mean that these generators
are excluded for purposes of determining whether boilers or turbines
serving them are CAIR units. EPA believes that many of these units are
likely not subject to CAIR. However, if, on or after November 15, 1990,
any of these generators produced electricity that was sold, the units
serving that generator are likely subject to CAIR. If, since November
15, 1990, any of these generators produced electricity that was sold,
the owners and operators of the units serving the generator should
provide EPA, in objections in response to this NODA, information on the
amounts and timing of the sales, the purchasing parties, the effect of
such sales on appropriate treatment of the units as covered or not
covered by CAIR, and (if any of the units should be treated as
potential CAIR units) the necessary data for allocation of allowances.

     From EIA form 860, we excluded generators at municipal
waste combustors. The CAIR rule provides an exemption for solid waste
incineration units similar to the Acid Rain Program exemption in 40 CFR
Part 72.
    If any of the units serving the excluded generators do not meet the
requirements of the CAIR exemption for solid waste incineration units,
the owners and operators of the units should provide EPA, in response
to this NODA, the information showing that these exemption requirements
are not met, and the necessary data for allocation of allowances.
     From EIA form 860b (1999 and 2000), we excluded all
generators at facilities that were certified (in accordance with
Federal Energy Regulatory Commission (FERC) regulations) as qualifying
cogeneration facilities and that had annual, plant-wide sales of one
third or less of the potential generating capacity, or had annual sales
less than 219,000 MW-hrs, to an electric utility. This information was
only available at the plant level. Since electricity sales data were
not available at the unit level for other years and a unit must meet
these criteria annually to qualify for the cogeneration exemption,
exclusion of generators for allocating allowances in this notice does
not necessarily mean that boilers and combustion turbines serving the
generators are not CAIR units. Moreover, FERC regulations require, as
part of the criteria for qualifying cogeneration facilities, that
facilities meet certain efficiency requirements to the extent natural
gas or oil is combusted. Under CAIR, a unit must meet the efficiency
requirements with regard to all fuel types combusted. Consequently,
exclusion of generators for allocating allowances in this notice does
not necessarily mean that boilers and combustion turbines serving the
generators are not CAIR units. If any of the units serving the excluded
generators do not meet the requirements of the CAIR exemption for
cogeneration units, the owners and operators of the units should
provide EPA, in response to this NODA, the information showing that
these exemption requirements are not met and the necessary data for
allocation of allowances for the units. For example, the owners and
operators of a unit that was not included in the list of potential CAIR
units based on 1999 and 2000 sales data and cogeneration status, should
verify that the criteria for the cogeneration exemption are met
(including years after 2000). If the unit served a generator producing
electricity for sale, to a utility distribution system, exceeding \1/3\
of the unit's potential electrical output capacity and more than
219,000 MW-hrs in any year, or if the unit did not meet the efficiency
requirements under CAIR in any year, the unit would not appear to
qualify for the cogeneration exemption and the owners and operators of
the unit should provide EPA the information showing that these
exemption requirements are not met and the necessary allowance
allocation data.
    From the EIA form 767 database, we identified as potential CAIR
units all boilers located at non-Acid Rain plants (commencing operation
before January 1, 2001) serving the generators remaining on the
generator list after the above-described exclusions. Simple and
combined cycle combustion turbines were identified based directly on
the generator ID and prime mover type in EIA form 860.
    From EIA form 860 we also identified all simple combustion
turbines, at Acid Rain plants, with a nameplate capacity greater than
25 MWe, a fossil fuel energy source, and an online date prior to
January 1991. These simple combustion turbines are potential CAIR units
even though they may be non-Acid Rain units since they have reported to
EIA that they sell electricity to a utility based on EIA form 860b data
from 1999 and 2000 and serve a generator greater than 25 MWe.
    The resulting list of non-Acid Rain units was also checked against
EPA's National Electric Energy Data System (NEEDS) database. The NEEDS
database contains a list of electric generating units used to construct
the ``model'' plants that represent existing and planned/committed
units in EPA modeling applications of the Integrated Planning Model
(IPM). The NEEDs check resulted in the addition of a number of non-Acid
Rain pre-1991 combined cycle combustion turbines at Acid Rain plants
and biomass-fired boilers that burn a small amount of fossil fuel.
    EPA also included specific units in the list of existing potential
CAIR units based on previous comments and supporting data submitted to
the EPA by the owners or operators of the units involved.
    EPA notes that inclusion of a unit in, or exclusion of a unit from,
the inventory of existing potential CAIR units reflects only a
preliminary application of the applicability of CAIR and does not
constitute a final determination concerning the applicability of CAIR
to the unit. As discussed above, the inventory is being developed in
order to enable EPA to calculate allowance allocations for existing
units, and the data that EPA used in developing the inventory are not
complete and have certain limitations. While allocations are to be
based on the best available data provided to EPA when allocations are
being calculated, applicability must be determined based on the
relevant, actual data, whether or not the actual data are provided at
the time allocations are made. In fact, because an inventory developed
for purposes of allowance allocation may not be entirely consistent
with final applicability determinations, Sec. Sec.  97.142(e) and
97.342(e) establish procedures to be applied when the Administrator
determines that a unit that has been allocated allowances turns out not
to actually be a CAIR unit. For example, if this determination is made
after the allowance allocation is recorded but before deductions for
compliance with the allowance-holding requirement are made under
Sec. Sec.  97.154(b) and 97.354(b), the Administrator will deduct the
allowances and transfer them to a new unit set-aside for the
appropriate State.
    Owners and operators of units that should be, but are not, included
in the inventory of existing potential CAIR units should submit
objections, in response to this NODA, informing EPA that the units
should be added to the inventory and allocated allowances, consistent
with the applicability criteria in the CAIR FIP (in Sec. Sec.  97.104
and 97.304). The data necessary for allowance allocations should also
be provided. A unit that is not allocated allowances because of its
exclusion from the inventory may ultimately be determined to be a CAIR
unit. Each CAIR unit is subject to the allowance-holding requirements
of CAIR regardless of whether the unit is allocated any allowances.

 B. Annual and Ozone Season Fuel Heat Input Data for Acid Rain Units

    EPA used CAMD heat input data reported by units under the Acid Rain
Program for 2000 through 2004 in order to develop annual and ozone
season baseline heat input. Fuel-adjusted heat input was calculated
based on the reported heat input and the primary fuel type (by year)
that was reported to EPA in the unit's Acid Rain Program monitoring
plan. For units that reported coal as their primary fuel for the year,
EPA did not adjust their heat input. For units reporting oil as their
primary fuel, EPA multiplied their heat input by 0.6. If the primary
fuel was not coal or oil, the heat input for the year was multiplied by
0.4.
    For some units, the use of the primary fuel type to identify the
appropriate CAIR fuel adjustment factor may not

yield the same result as using the CAIR FIP definition of ``coal-
fired'' or ``oil-fired'' to identify the appropriate factor. Under the
CAIR FIP, a coal-fired unit is a unit which burns any amount of coal in
a year, and an oil-fired unit is a unit which had more than 15% of its
yearly heat input from oil. The use of primary fuel type will not match
the CAIR FIP definition in cases where coal was burned in a year but
was not listed as the primary fuel, or when more than 15 percent of a
year's heat input was from oil, but oil was not listed as the primary
fuel. EPA used the primary fuel type as a surrogate for the data
necessary to apply the terms ``coal fired'' and ``oil fired'', because
under the Acid Rain Program, more detailed fuel use data are reported
only for units using non-continuous emission monitoring methods.
Because of this limitation on the data used by EPA, the fuel-adjusted
heat input calculated for some units may be lower than if the
calculation were based on more precise data. Owners and operators
should provide, in response to this NODA, any available, more precise
data on fuel use.

 C. Annual and Ozone Season Fuel Heat Input Data for Non-Acid Rain
Units

    EIA data, as well as Federal Energy Regulatory Commission (FERC)
form 423 data, were used to calculate annual and ozone season fuel-
adjusted baseline heat input for non-Acid Rain units.\2\
---------------------------------------------------------------------------

    \2\ In some cases, heat input information was not available for
all or a portion of the baseline period. It was not clear whether
this was the result of a unit not operating or a unit failing to
report its operations. A zero value was applied for heat input in
these cases. This may have resulted in an incorrect baseline heat
input for the unit involved.
---------------------------------------------------------------------------

    The data sources and calculation methods vary by the type of unit
and data year. The EIA and FERC databases that were used were
downloaded in October 2005 and are available on EIA's Web site at
http://www.eia.doe.gov/cneaf/electricity/page/data.html.

    We replaced the calculated ozone season heat input data with data
reported to EPA under the OTC NOX Budget Program and the
NOX SIP Call NOX Budget Trading Program, if
available. The reported heat input was used in conjunction with
information regarding the primary fuel for the year (reported in the
monitoring plan) to calculate the fuel-adjusted heat input.
    In addition, EPA also utilized information provided as part of the
CAIR rulemaking process. More specifically, EPA used annual heat input
data submitted in response to EPA's CAIR Notice of Data Availability
published in the Federal Register on April 6, 2004.
Boilers
    For 2000, fuel-adjusted annual and ozone season heat input was
calculated for each utility boiler based on EIA form 767 monthly fuel
use and heat content data. The fuel-adjusted 2000 annual heat input was
calculated at the plant level for non-utility boilers based on EIA form
860b data. The fuel usage and heat content information in EIA form 860b
is reported at the plant level, so the fuel-adjusted heat input was
first calculated for the plant and then apportioned equally to each
boiler (at the plant) that is a potential CAIR unit. The ozone season
heat input for non-utility boilers was based on multiplying the annual
heat input by the fraction of the five ozone-season months to 12 annual
months (\5/12\).\3\
---------------------------------------------------------------------------

    \3\ Plants that were sold in 2000 and changed status from
utility to non-utility sometimes reported using both the utility and
non-utility forms for that year. To avoid double counting of heat
input in these cases, EPA used only the data from utility form or
the data from the non-utility form for the plant, whichever set of
data resulted in the higher heat input for the plant.
---------------------------------------------------------------------------

    Beginning in 2001, both utility and non-utility boilers reported
using EIA form 767, so fuel-adjusted heat input was calculated for each
boiler based on monthly fuel usage and heat content data from that EIA
form for the 2001 through 2004 period.
    Although data for 2000 was developed as described above, EPA
decided not to use the 2000 data in certain cases, i.e., where a plant
included both existing potential CAIR units and existing units that are
not treated as potential CAIR units. Since in those cases the 2000 unit
level heat input could not be determined for existing potential CAIR
units alone without attributing to them heat input that actually was
for units that are not potential CAIR units and this additional heat
input could be significant, EPA decided, in those cases, to exclude the
2000 heat input data and use the average of the three highest annual
heat input values during 2001-2004 in calculating NOX
allowance allocations. In any case where the use of unit level data
(for 2000 or for any other relevant period) will affect the calculation
of the baseline heat input of a unit, the owners and operators of the
unit should provide EPA, in response to this NODA, the unit level data.
Simple Combustion Turbines and Combined Cycle Units at Non-Acid Rain
Plants
    The following procedures were used for simple combustion turbines
and combined cycle units at non-Acid Rain plants, which include certain
utility and non-utility plants.\4\ For 2000, data from the EIA form
860b was used to calculate simple combustion turbine and combined cycle
unit fuel-adjusted heat input for the non-utility plants in a similar
manner as the 2000 non-utility boiler calculation. Annual fuel-adjusted
heat input was calculated at the plant level. Data from the EIA form
759 and FERC form 423 were used to calculate simple combustion turbine
and combined cycle heat input for the utility plants. The EIA form 759
provided monthly fuel usage at the prime mover level (simple combustion
turbine, combined cycle combustion turbine, and combined cycle steam
turbine), and the FERC form 423 provided gaseous and liquid fuel heat
content for the plants. The prime mover fuel-adjusted heat input for
the plant was apportioned equally to each potential CAIR unit at the
plant by prime mover type (with combined cycle combustion turbine and
steam turbine heat inputs combined to provide a single combined cycle
heat input). To the extent the plant includes both potential CAIR units
and units that are not treated as potential CAIR units, this approach
may have resulted in calculated heat input values exceeding the actual
heat input for the potential CAIR units. Unlike the boiler data, that
required apportioning plant level data only for 2000, combustion
turbine EIA data are only available at the plant level for all of the
years. Therefore the approach taken for boilers, excluding one year of
plant level data when that data may be impacted by units not subject to
CAIR, was not available. In any case where the use of unit level data
(for 2000 or for any other relevant period) will affect calculation of
the baseline heat input of a unit, the owners and operators of the unit
should provide EPA, in response to this NODA, the unit level data.
Ozone-season heat input was calculated based on the \5/12\ fraction of
ozone-season months to annual months.
---------------------------------------------------------------------------

    \4\ See note 2.
---------------------------------------------------------------------------

    In 2001 the EIA form 759 was renamed as form 906, with separate
similar versions for non-utility and utility plant prime mover level
fuel usage. Data for the non-utility and utility plants from these
forms were combined with the FERC form 423 heat content data to
calculate prime mover level fuel-adjusted heat input. This prime mover
level annual and ozone season heat input was then apportioned equally
to each simple combustion turbine or combined cycle turbine (at the
plant) that is a potential CAIR unit by prime mover type as described
earlier for the 2000 utility units.

    EIA combined the utility and non-utility reporting forms in 2002
and changed the format. The EIA form 906 for 2002 through 2004 provided
both fuel usage and fuel heat input on a monthly basis. The annual and
ozone season fuel-adjusted heat input was totaled for each of the non-
utility and utility plants at the prime mover level and then
apportioned equally to each potential CAIR unit at the plant, as
described above for the 2000 and 2001 EIA form 759 and 906 data.
Non-Acid Rain Simple Combustion Turbines at Acid Rain Plants
    The fuel-adjusted heat inputs for non-Acid Rain simple combustion
turbines located at Acid Rain plants with no Acid Rain combustion
turbines were calculated and apportioned in a similar manner as
described above for simple combustion turbines and combined cycle units
at non-Acid Rain plants.
    Heat inputs, however, for non-Acid Rain combustion turbines located
at plants with Acid Rain combustion turbines had to be calculated in a
different manner in order to not double count heat input. At these
plants the plant or prime mover level heat input, calculated with EIA
data as described above, included heat input from both the non-Acid
Rain and Acid Rain turbines. Since the baseline heat input for the Acid
Rain turbines at the plant was taken from data reported to EPA under
the Acid Rain Program, the Acid Rain data was subtracted from the total
EIA-based combustion turbine and combined cycle heat input. The
remaining fuel-adjusted heat input was then apportioned equally to each
of the non-Acid Rain turbines. In some cases the difference between EIA
and Acid Rain heat input was zero or even negative resulting in zero
heat input for the non-Acid Rain units.

 5. How Do I Interpret the Data Tables Presented in Today's NODA?

    This section provides a brief description of the types of data
included in each table of today's NODA. A more detailed description of
the data tables may be found in the TSD titled ``Data Field Description
for the CAIR FIP NOX Annual and NOX Ozone-season
Allocation Tables'' which is available in the docket and on the Web
site mentioned in section 8. In general, the CAIR Annual and Ozone
Season NOX Allocation tables were created primarily using
data reported to CAMD (under the Acid Rain Program) and the EIA. For a
small number of non-Acid Rain units, annual allocations incorporated
heat input information provided by the sources in response to a
previous NODA.
    For Acid Rain units, EPA used heat input data reported as required
under the program. For non-Acid Rain Program units, the EIA data was
used to determine heat input and primary fuel. Tables 1 and 2 contain
the annual and ozone season unit NOX allowance allocations.
Tables 3, 4, and 5 contain the EIA data, CAMD data, and source provided
data regarding heat input and primary fuel used to calculate the annual
allocations. Tables 6 and 7 contain additional EIA and CAMD data used
to calculate ozone season allocations.
    Some units (i.e., units not reporting under the Acid Rain Program,
OTC NOX Budget Program, or NOX SIP Call
NOX Budget Trading Program during a portion of the baseline
period) use heat input data available from both EIA and CAMD to compile
the baseline heat input. For these units the EIA annual heat input data
are used until the first full year of Acid Rain Program data are
available. Ozone season heat inputs used for the ozone season
allocation are from the data reported under the Acid Rain Program, OTC
NOX Budget Program, and NOX SIP Call
NOX Budget Trading Program, if available, in Table 7. For a
small number of non-Acid Rain Units, source-reported annual heat input
data in Table 5 for 2000-2002 data years were used in place of EIA
data.
    Table 8 contains a list of units that have not received allocations
because of their possible exclusion from the CAIR FIP trading program
based on sales data, or qualifying cogeneration facility status. The
owners and operators of each such unit should review the unit's data to
ensure that the unit is not a potential CAIR unit. As discussed above,
if the owners or operators determine that the unit should be included
in the inventory and allocated allowances, they should submit
objections to the exclusion of the unit and provide the relevant data
supporting the inclusion of the unit and the necessary data for
allocating allowances.
    Table 9 contains a list of units that have not received
NOX allowance allocations because of their possible CAIR
exemption due to being a solid waste incinerator. As mentioned in
section 4, the units qualifying for this exemption were identified
based on EIA form 860 response for plant type and their primary energy
source. The owners and operators of each such unit should review the
unit's data to ensure that the unit is not a potential CAIR unit. As
discussed above, if the owners or operators determine that the unit
should be included in the inventory and allocated allowances, they
should submit objections to the exclusion of the unit and provide the
relevant data supporting the inclusion of the unit and the necessary
data for allocating allowances.

6. Why Is the EPA Providing Opportunity To Object to These Data and the
Calculations Using the Data in the Allocation Formula?

    Through today's NODA, EPA is providing owners, operators, states,
and the public the opportunity to object to the data used to determine
what units are existing potential CAIR units, which qualify for
allowance allocations for 2009-2014, and to calculate NOX
allocations in order to ensure that we use the best available data in
the FIP allocation process. For example, the heat input and primary
fuel data used to calculate allocations came from data reported to EPA
and EIA, and a source owner or operator (or other member of the public)
should submit an objection if he or she sees any discrepancy between
the data reported for the source regarding heat input and fuel type and
the data used in calculating the NOX FIP allocations. Such
objection should include the data that the person submitting the
objection believes EPA should use. EPA is also providing an opportunity
to object to the calculations using the allocation formula and the data
in order to ensure the accuracy of the calculations.
    Today's NODA is based upon the list of potential CAIR units
developed using currently available data. As discussed above, this
inventory does not constitute a definitive list of existing CAIR units,
but rather reflects EPA's preliminary application of the applicability
criteria in the CAIR FIP NFR (i.e., the criteria providing that a unit
is subject to CAIR if it is a stationary fossil-fuel-fired boiler or
combustion turbine serving at any time on or after November 15, 1990 or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity more than 25 MWe producing electricity for sale,
except for cogeneration units and solid waste incineration units that
meet certain requirements). The EPA is providing this opportunity for
source owners and operators, states, and the public to (1) Object to
the inclusion of units in, or exclusion of units from, the allocation
tables in the NODA and the data on which the inclusion or exclusion is
based, (2) object to the heat input and fuel data used to calculate the
allocations and the resulting calculations themselves reflected in the
tables, and (3) submit, as part of the

objection, corrections of the data or supplementary data.
    EPA requests that a source owner or operator, State, or other
members of the public who believes that a unit has been incorrectly
included in or excluded from the allocation tables submit an objection
(including supporting data) in order to clarify the unit's status under
CAIR, consistent with the CAIR FIP applicability provisions (in
Sec. Sec.  97.104 and 97.304). (Any objections to the applicability
provisions themselves will not be considered.) If an existing unit is
not allocated allowances for 2009-2014 in today's NODA, nor in the
follow up NODA issued in response to objections to today's NODA, and is
later found to be subject to CAIR, that unit will not receive allowance
allocations for 2009-2014 under the CAIR FIP. However, the unit will be
subject to the requirement to hold allowances.
    The addition or removal of existing units to or from a State's
inventory will not impact the size of the State's emission budget.
Revisions, in a follow-up notice issued in response to objections to
the inventory provided in today's NODA, may result in the individual
units receiving different shares of the applicable State budget.

7. What Data Are the EPA Making Available for Review and Objection?

    EPA has used the best available data to develop an inventory of
existing units that currently are potentially covered by the CAIR FIP
and to calculate each existing unit's allowance allocations for 2009-
2014. However, through the NODA, EPA is giving unit owners, unit
operators, and the public the opportunity to offer objections regarding
individual units' treatment as potentially covered or not covered by
CAIR and, for units treated as potential CAIR units, the data used in
the allocation calculations and the allocations resulting from such
calculations.
    Specifically, this document is a notice of data availability and
provides an opportunity for objection regarding the treatment of
individual units as existing units potentially covered or not covered
by CAIR and the data used as the basis for this treatment (such as
sales data obtained from EIA databases for 1999-2000 and qualifying
facility status). This document also provides an opportunity for
objections regarding the data used in calculating CAIR FIP
NOX allocations for individual existing units: CAMD heat
input and fuel data under the Acid Rain Program for the years 2000-
2004, under the NOX Budget Program (NBP) for 2000-2002 for
Ozone Transport Commission (OTC) units, and under the NOX
Budget Trading Program for years 2003-2004 for units under the
NOX SIP Call; and heat input and fuel data obtained in EIA
databases for units that are not under these programs. This document
also provides an opportunity for objection regarding EPA's calculations
using the data in the CAIR FIP allocation formulas.
    In summary, the EPA is providing an opportunity for public
objections to--and will consider only objections to--the inclusion of
units in or exclusion of units from the inventory of potential existing
CAIR units, the data on which such inclusion or exclusion is based, the
allocation calculations using the CAIR FIP allocation formulas, and the
data used in these calculations. Readers should note that we are not
soliciting, and will not consider, objections on other topics (such as
the allocation formulas and State budgets).
    Today's action makes available for review and objection:
NOX annual and NOX ozone season allocations for
individual units in CAIR States for the FIP; the adjusted heat input
values for each unit for 2000-2004; the baseline heat input used to
calculate the allocations; and the other data used to include units in,
or exclude units from, the list of existing potential CAIR units for
which allocations are calculated.
    In particular, EPA is making the following data available for
review:
     EIA Annual Heat Input (EIA data were used to obtain heat
input and fuel type data for those units that are subject to the CAIR
rule, but are not reporting under the Acid Rain Program).
     EIA Ozone Season Heat Input
     CAMD Acid Rain Program Annual Heat Input
     CAMD Acid Rain Program, OTC NOX Budget Program,
and NOX SIP Call NOX Budget Trading Program Ozone
Season Heat Input
     Unit NOX Annual Allowance Allocation Table
     Unit NOX Ozone Season Allocation Table
    In addition to accepting objections to the data listed above and
the calculations made by EPA in using the data to determine
allocations, EPA will also accept objections to the inclusion of a unit
in, or exclusion of a unit from, the inventory of existing potential
CAIR units for which allocations are determined for the CAIR FIP and
the data on which such inclusion or exclusion is based. Any objection
should include corrections of the data relevant to the objection or
should include relevant, supplementary data.

8. Where Can I Get the Data?

    Tables 1 through 9, which include the allowance allocations, heat
input, and fuel data, are available in an excel file titled ``Data for
EGU NOX Annual and NOX Ozone Season Allocations
for the Clean Air Interstate Rule Federal Implementation Plan Trading
Programs'' on the CAMD Web site at http://www.epa.gov/airmarkets/cair/NODA.
 The ``NODA'' link will open a Web page which contains this excel

file, along with the NODA and Technical Support Document in PDF format.
The NODA is titled ``Notice of Data Availability for EGU NOX
Annual and NOX Ozone Season Allocations for the Clean Air
Interstate Rule Federal Implementation Plan Trading Program'', and the
TSD is titled ``Data Field Description for the CAIR FIP NOX
Annual and NOX Ozone Season Allocation Tables''. In
addition, these files are in the CAIR FIP Docket (Docket ID No. OAR-
2004-0076).
    Other data used in developing the inventory of potential existing
CAIR units can be found on the EIA Web site through the link given in
section 4 of this NODA.

9. On What Topics Is EPA Not Requesting Objections?

    Consistent with sections 4 through 8 of today's NODA, EPA is
soliciting objections only on the matters, data, and calculations
discussed or referenced in those sections of the NODA. EPA is not
requesting objection on any other matter. For example, the
NOX allocations for existing CAIR units are determined using
the allowance allocation methodology in the CAIR FIP, which takes each
unit's three highest control-period adjusted heat input values for 2000
through 2004, averages them, and allocates to each unit based on its
proportionate share of the total adjusted heat input for existing CAIR
units in the state. This methodology for calculating unit allowance
allocations, as well as the CAIR applicability provisions, were
finalized in the CAIR FIP rule, and are not open for objection.

10. What Supporting Documentation Do I Need To Provide With my
Objections?

    While we will consider all objections we receive within the scope
of this NODA, these objections must be supported with appropriate
documentation. Supporting documentation can include, but is not limited
to, spreadsheets, explanations of why you believe the data on such
spreadsheets are more accurate (e.g., the quality assurance of the
data), and information on the data source.
    In general, we do not anticipate revisions to unit heat input data
and

other unit data reported to EPA under the Acid Rain Program since, in
submitting the data under the program, a source's Designated
Representative has already certified the accuracy of the data. However,
we will consider any objections. For example, a source's Designated
Representative may provide evidence that we improperly calculated heat
input at the unit level, where the heat input was actually measured at
another location (such as a common stack). As a further example, a
source's Designated Representative may demonstrate that the data
provided in today's NODA are not consistent with the data reported to
EPA for compliance with the Acid Rain Program. In that case, the
objector should explain why the data values in EPA's data files are
incorrect and should document and explain the new data values.
    Similarly, in general, we do not anticipate revisions to data
reported to EIA since such data were submitted to meet regulatory
reporting requirements. However, we will consider any objections to the
data as reported, as well as any calculation in which we used the data
for purposes of today's NODA.

    Dated: July 27, 2006.
Brian McLean,
Director, Office of Atmospheric Programs.
 [FR Doc. E6-12628 Filed 8-3-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]
[Page 11166]
[DOCID:fr10mr10-76]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD06-6-000]

Joint Meeting of the Nuclear Regulatory Commission and the
Federal Energy Regulatory Commission; Notice of Joint Meeting of the
Nuclear Regulatory Commission and the Federal Energy Regulatory
Commission

March 2, 2010.
    The Federal Energy Regulatory Commission (FERC) and the Nuclear
Regulatory Commission (NRC) will hold a joint meeting on Tuesday, March
16, 2010 at the headquarters of the NRC, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852. The meeting is expected to
begin at 1:30 p.m. and conclude at 3:30 p.m. Eastern Standard Time.
    The NRC and FERC signed a Memorandum of Agreement (MOA) in
September 2010 to facilitate interactions between the two agencies on
matters of mutual interest pertaining to the nation's bulk power system
reliability. The March 16 meeting will continue the ongoing discussion
to address grid reliability and the roles of the respective agencies in
addressing this issue.
    A free Webcast of this event will be made available through the NRC
Web site, at http://www.nrc.gov. In addition, the event will be
transcribed and the transcription will be made available through the
NRC Web site approximately three business days after the meeting.
    All interested persons are invited. Pre-registration is not
required and there is no fee to attend this joint meeting. Questions
about the meeting should be directed to Sarah McKinley at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-5005 Filed 3-9-10; 8:45 am]
BILLING CODE 6717-01-P


109. Section 63.6675 is amended by revising paragraph ( 4) under the definition of deviation and by revising the first sentence in the definition of malfunction to read as follows:

§ 63.6675 What definitions apply to this subpart?

* * * * *

Deviation means * * *

* * * * *

( 4) Fails to satisfy the general duty to minimize emissions established by § 63.6( e)( 1)( i).

* * * * *

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential 128 to cause, the emission limitations in an applicable standard to be exceeded. * * *

* * * * *

Subpart AAAAA[ AMENDED]

110. Section 63.7100 is amended by revising paragraph ( e) to read as follows:

§ 63.7100 What are my general requirements for complying with this subpart?

* * * * *

( e) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

111. Section 63.7121 is amended by:

a. Removing and reserving paragraph ( c); and b. Revising the first sentence in paragraph ( d) to read as follows:

§ 63.7121 How do I demonstrate continuous compliance with the emission limitations standard?

* * * * *

( c) [ Reserved]

( d) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the 129 Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

* * * * *

Subpart BBBBB[ AMENDED]

112. Section 63.7185 is amended by revising the first sentence in paragraph ( c) to read as follows:

§ 63.7185 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan ( SSMP). * * *

* * * * *

§ 63.7187  [ Amended]

113. Section 63.7187 is amended by removing and reserving paragraph ( d).

Subpart CCCCC [ AMENDED]

114. Section 63.7310 is amended by revising paragraph ( c) to read as follows:

§ 63.7310 What are my general requirements for complying with this subpart?

* * * * * 130 ( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

115. Section 63.7336 is amended by removing introductory text in paragraph ( b) and revising paragraph ( b)( 1) to read as follows:

§ 63.7336 What other requirements must I meet to demonstrate continuous compliance?

* * * * *

( b) Startup, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Subpart DDDDD[ AMENDED]

116. Section 63.7505 is amended by revising paragraph ( e) to read as follows:

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

* * * * * 131 ( e) If you have an applicable emission limit or work practice standard, you must develop a written startup,

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

117. Section 63.7540 is amended by:

a. Revising the first sentence in paragraph ( a)( 9);

b. Removing and reserving paragraph ( c); and c. Revising the first sentence in paragraph ( d) to read as follows:

§ 63.7540 How do I demonstrate continuous compliance with the emission limits and work practice standards?

( a) * * *

( 9) If your unit is controlled with a fabric filter,

and you demonstrate continuous compliance using a bag leak detection system, you must initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions as soon as practical, and operate and maintain the fabric filter system such that the alarm does not sound more than 5 percent of the operating time during a 6 month period. * * *

* * * * *

( c) [ Reserved] 132 ( d) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the EPA Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

118. Table 10 to subpart DDDDD of part 63 is amended by revising the citation to § 63.8( c)( 1)( iii) to read as follows: 133 Table 10 to Subpart DDDDD of Part 63  Applicability of General Provisions to Subpart DDDDD As stated in § 63.7565, you must comply with the applicable General Provisions according to the following:

Citation Subject Brief Description Applicable * * * * * * *

§ 63.8( c)( 1)( iii)... Compliance with Operation and Maintenance Must develop an SSMP for CMS. Yes * * * * * * * 134 Subpart EEEEE[ AMENDED]

119. Section 63.7720 is amended by revising the first sentence in paragraph ( c) to read as follows:

§ 63.7720 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3). * * *

120. Section 63.7746 is amended by removing introductory text in paragraph ( b) and revising paragraph ( b)( 1) to read as follows:

§ 63.7746 What other requirements must I meet to demonstrate continuous compliance?

* * * * *

( b) Startups, shutdowns, and malfunctions. ( 1)

Consistent with the requirements of § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Subpart FFFFF[ AMENDED] 135 121. Section 63.7810 is amended by revising paragraph ( c) to read as follows:

§ 63.7810 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

122. Section 63.7835 is amended by revising removing introductory text to paragraph ( b) and revising paragraph ( b)( 1) to read as follows:

§ 63.7835 What other requirements must I meet to demonstrate continuous compliance?

* * * * *

( b) Startups, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Subpart GGGGG[ AMENDED]

123. Section 63.7935 is amended by: 136 a. Revising paragraph ( c);

b. Removing and reserving paragraph ( d); and c. Revising the first sentence in paragraph ( f) to read as follows:

§ 63.7935 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

( d) [ Reserved]

* * * * *

( f) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

* * * * *

124. Table 3 to subpart GGGGG of part 63 is amended by revising the citation to § 63.8( c)( 1)( i) to read as follows: 137 Table 3 to Subpart GGGGG of Part 63  Applicability of General Provisions to Subpart GGGGG As stated in § 63.7940, you must comply with the applicable General Provisions requirements according to the following table:

Citation Subject Brief Description Applies to Subpart GGGGG * * * * * * *

§ 63.8( c)( 1)( i)......... Routine and Predictable SSM Keep parts for routine repairs readily available; reporting requirements for SSM when action is described in SSM plan. Yes * * * * * * * 138 Subpart HHHHH [ AMENDED]

125. Table 10 to Subpart HHHHH is amended by adding in numerical order a new entry for 63.6( e)( 3)( ix) to read as follows:

Table 10 to Subpart HHHHH of Part 63  Applicability of General Provisions to Subpart HHHHH As specified in § 63.8095, the parts of the General Provisions that apply to you are shown in the following table: Citation Subject Explanation * * * * * * *

§ 63.6( e)( 3)( ix)... Title V permit Yes * * * * * * *

Subpart IIIII[ AMENDED]

126. Section 63.8226 is amended by revising paragraph ( b) to read as follows:

§ 63.8226 What are my general requirements for complying with this subpart?

* * * * *

( b) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

127. Section 63.8248 is amended by removing introductory text in paragraph ( b) and revising paragraph ( b)( 1) to read as follows: 139 § 63.8248 What other requirements must I meet?

* * * * *

( b) Startups, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Subpart JJJJJ[ AMENDED]

128. Section 63.8420 is amended by revising paragraph ( c) to read as follows:

§ 63.8420 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

* * * * *

129. Section 63.8470 is amended by:

a. Removing and reserving paragraph ( d); and b. Revising the first sentence in paragraph ( e) to read as follows: 140 § 63.8470 How do I demonstrate continuous compliance with the emission limitations?

* * * * *

( d) [ Reserved]

( e) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1) and your OM& M plan. * * *

* * * * *

Subpart KKKKK[ AMENDED]

130. Section 63.8570 is amended by revising paragraph ( c) to read as follows:

§ 63.8570 What are my general requirements for complying with this subpart?

* * * * *

( c) For each kiln that is subject to the emission limits specified in Table 1 to this subpart, you must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

* * * * *

131. Section 63.8620 is amended by:

a. Removing and reserving paragraph ( d); and 141 b. Revising the first sentence in paragraph ( e) to read as follows:

§ 63.8620 How do I demonstrate continuous compliance with the emission limitations and work practice standards?

* * * * *

( d) [ Reserved]

( e) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1) and your OM& M plan. * * *

* * * * *

Subpart LLLLL[ AMENDED]

132. Section 63.8685 is amended by revising paragraph ( c) to read as follows:

§ 63.8685 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

* * * * *

133. Section 63.8691 is amended by: 142 a. Removing and reserving paragraph ( c); and b. Revising the first sentence in paragraph ( d) to read as follows:

§ 63.8691 How do I demonstrate continuous compliance with the operating limits?

* * * * *

( c) [ Reserved]

( d) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

134. Table 7 to subpart LLLLL of part 63 is amended by revising the citation to § 63.8( c)( 1)( i) to read as follows: 143 Table 7 to Subpart LLLLL of Part 63  Applicability of General Provisions to Subpart LLLLL Citation Subject Brief Description Applicable * * * * * * *

§ 63.8( c)( 1)( i)..... Routine and predictable CMS malfunction 1. Keep parts for routine repairs readily available.

2. Reporting requirements for CMS malfunction when action is described in SSM plan. Yes * * * * * * * 144 Subpart MMMMM[ AMENDED]

135. Section 63.8794 is amended by revising paragraph ( e) to read as follows:

§ 63.8794 What are my general requirements for complying with this subpart?

* * * * *

( e) For each new or reconstructed flame lamination affected source, you must develop a written startup,

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

* * * * *

136. Section 63.8812 is amended by:

a. Removing and reserving paragraph ( c); and b. Revising the first sentence in paragraph ( d) to read as follows:

§ 63.8812 How do I demonstrate continuous compliance with the emission limitations?

* * * * *

( c) [ Reserved]

( d) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur at a new or reconstructed flame lamination affected source during a period of startup,

shutdown, or malfunction are not violations if you 145 demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

* * * * *

Subpart NNNNN[ AMENDED]

137. Section 63.9005 is amended by revising paragraph ( c) to read as follows:

§ 63.9005 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

* * * * *

138. Section 63.9040 is amended by:

a. Removing and reserving paragraph ( d); and b. Revising the first sentence in paragraph ( e) to read as follows:

§ 63.9040 How do I demonstrate continuous compliance with the emission limitations and work practice standards?

* * * * *

( d) [ Reserved]

( e) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown, 146 or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

Subpart PPPPP[ AMENDED]

139. Section 63.9305 is amended by revising the first sentence in paragraph ( c) to read as follows:

§ 63.9305 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written SSM plan ( SSMP) for emission control devices and associated monitoring equipment according to the provisions in § 63.6( e)( 3). * * *

140. Section 63.9340 is amended by removing introductory text in paragraph ( c) and revising paragraph ( c)( 1) to read as follows:

§ 63.9340 How do I demonstrate continuous compliance with the emission limitations?

* * * * *

( c) Startups, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of SSM of control devices and associated monitoring equipment are not violations if you 147 demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

141. Section 63.9375 is amended by revising the first sentence in the definition of malfunction to read as follows:

* * * * *

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. * * *

* * * * *

142. Table 7 to subpart PPPPP of part 63 is amended by revising the citation to § 63.8( c)( 1)( i) to read as follows: 148 Table 7 to Subpart PPPPP of Part 63  Applicability of General Provisions to Subpart PPPPP As stated in § 63.9365, you must comply with the General Provisions in § § 63.1 through 63.15 that apply to you according to the following table:

Citation Subject Brief Description Applicable * * * * * * *

§ 63.8( c)( 1)( i)......... Routine and predictable CMS malfunctions. 1. Keep parts for routine repairs of CMS readily available.

2. Reporting requirements for SSM when action is described in SSMP. Yes * * * * * * * 149 Subpart QQQQQ[ AMENDED]

143. Section 63.9505 is amended by revising paragraph ( c) to read as follows:

§ 63.9505 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

144. Section 63.9530 is amended by:

a. Removing and reserving paragraph ( d); and b. Revising the first sentence in paragraph ( e) to read as follows:

§ 63.9530 How do I demonstrate continuous compliance with the emission limitation that applies to me?

* * * * *

( d) [ Reserved]

( e) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1). * * *

Subpart RRRRR[ AMENDED] 150 145. Section 63.9610 is amended by revising paragraph ( c) to read as follows:

§ 63.9610 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

146. Section 63.9637 is amended by removing introductory text in paragraph ( b) and revising paragraph ( b)( 1) to read as follows:

§ 63.9637 What other requirements must I meet to demonstrate continuous compliance?

* * * * *

( b) Startups, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Subpart SSSSS[ AMENDED] 151 147. Section 63.9792 is amended by revising paragraph ( c) to read as follows:

§ 63.9792 What are my general requirements for complying with this subpart?

* * * * *

( c) You must develop a written startup, shutdown, and malfunction plan ( SSMP) according to the provisions in § 63.6( e)( 3).

* * * * *

148. Section 63.9810 is amended by removing and reserving paragraph ( e)( 1) and revising the first sentence in paragraph ( e)( 2) to read as follows:

§ 63.9810 How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards?

* * * * *

( e) * * *

( 1) [ Reserved]

( 2) Consistent with § § 63.6( e) and 63.7( e)( 1),

deviations that occur during a period of startup, shutdown,

or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1) and your OM& M plan. * * * 152 Subpart TTTTT[ AMENDED]

149. Section 63.9910 is amended by revising paragraph ( b) to read as follows:

§ 63.9910 What are my general requirements for complying with this subpart?

* * * * *

( b) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3).

150. Section 63.9925 is amended by removing introductory text in paragraph ( b) and revising paragraph ( b)( 1) to read as follows:

§ 63.9925 What other requirements must I meet to demonstrate continuous compliance?

* * * * *

( b) Startups, shutdowns, and malfunctions. ( 1)

Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6( e)( 1).

* * * * *

Part 65[ AMENDED] 153 151. The authority citation of part 65 continues to read as follows:

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

Subpart A[ AMENDED]

152. Section 65.2 is amended by revising the first sentence in the definition of malfunction to read as follows:

§ 65.2 Definitions.

* * * * *

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. * * *

* * * * *

153. Section 65.3 is amended by a. Revising the second sentence in paragraph ( a)( 3);

b. revising the first sentence in paragraph ( a)( 4);

and c. Revising paragraph ( b)( 2)( i) to read as follows:

§ 65.3 Compliance with standards and operation and maintenance requirements. 154 ( a) * * *

( 3) * * * The measures to be taken may include, but are not limited to, air pollution control technologies,

recovery technologies, work practices, pollution prevention, monitoring, and/ or changes in the manner of operation of the regulated source. * * *

( 4) Malfunctions shall be corrected as soon as practical after their occurrence. * * *

* * * * *

( b) * * *

( 2) * * *

( i) During periods of startup, shutdown, or malfunction ( and the source is operated during such periods in accordance with § 65.3( a)( 3)), a monitoring parameter is outside its established range or monitoring data cannot be collected; or * * * * *

154. Section 65.6 is amended by a. Revising the first and fourth sentence in paragraph ( b)( 1) introductory text;

b. Revising paragraph ( b)( 2); and c. Revising paragraph ( c)( 3) to read as follows: 155 § 65.6 Startup, shutdown, and malfunction plan and procedures.

* * * * *

( b) Startup, shutdown, and malfunction plan ( 1)

Description and purpose of plan. The owner or operator of a regulated source shall develop a written startup,

shutdown, and malfunction plan that describes, in detail,

procedures for operating and maintaining the regulated source during periods of startup, shutdown, and malfunction and a program of corrective action for malfunctioning process and air pollution control equipment used to comply with the relevant standard. * * * The requirement to develop this plan shall be incorporated into the source's title V permit. * * *

* * * * *

( 2) Operation of source. During periods of startup,

shutdown, and malfunction, the owner or operator of a regulated source shall operate and maintain such source ( including associated air pollution control equipment and CPMS) in accordance with § 65.3( a). The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the 156 applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved.

Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures ( including the startup, shutdown,

and malfunction plan required in paragraph ( b)( 1) of this section), review of operation and maintenance records, and inspection of the source.

* * * * *

( c) * * *

( 3) If actions taken by an owner or operator during a startup, shutdown, and malfunction of a regulated source,

or of a control device or monitoring system required for compliance ( including actions taken to correct a malfunction) are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan,

then the owner or operator shall state such information in a startup, shutdown, and malfunction report, and describe 157 the actions taken. Such description can take the form of a checklist; only one checklist is necessary if actions taken are the same for multiple events during the reporting period.

* * * * *

155. Section 65.115 is amended by revising the last sentence in paragraph ( b)( 1) and the last sentence in paragraph ( b)( 2) to read as follows:

§ 65.115 Standards: Closed vent systems and control devices; or emissions routed to a fuel gas system or process.

* * * * *

( b) Compliance standard. ( 1) * * * Note that this includes the startup, shutdown, and malfunction provisions of § 65.6.

( 2) * * * Note that this includes the startup,

shutdown, and malfunction provisions of § 65.6.

156. Section 65.156 is amended by revising paragraphs ( d)( 3)( i) and ( ii) to read as follows:

§ 65.156 General monitoring requirements for control and recovery devices.

* * * * *

( d) * * * 158 ( 3) * * *

( i) Excursions which occur during periods of startup,

shutdown, and malfunction, when the source is being operated during such periods to minimize emissions in accordance with § 65.3( a)( 3).

( ii) Excursions which occur due to failure to collect a valid hour of data during periods of startup, shutdown,

and malfunction, when the source is being operated during such periods in accordance with § 65.3( a)( 3).

* * * * *

157. Section 65.161 is amended by revising paragraph ( e)( 2)( iv)( A) to read as follows:

§ 65.161 Continuous records and monitoring data system handling.

* * * * *

( e) * * *

( 2) * * *

( iv) * * *

( A) The daily average value during any startup,

shutdown, or malfunction shall not be considered an excursion for purposes of this paragraph ( e) if the owner or operator operates the source in accordance with § 65.3( a). 159 * * * * *

158. Section 65.163 is amended by revising paragraph ( c)( 2) to read as follows:

§ 65.163 Other records.

( c) * * *

( 2) For each startup, shutdown, and malfunction during which excess emissions occur, records whether the procedures specified in the source's startup, shutdown, and malfunction plan were followed, and a description of actions taken to minimize emissions. For example, if a startup, shutdown, and malfunction plan includes procedures for routing control device emissions to a backup control device ( for example, the incinerator for a halogenated stream could be routed to a flare during periods when the primary control device is out of service), records must be kept of whether the plan was followed. These records may take the form of a checklist or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event.

* * * * *


[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Notices]
[Page 14166]
[FR Doc No: 2019-06959]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-147, OMB Control No. 3235-0131]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17a-7

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-7 (17 CFR 240.17a-7)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17a-7 requires a non-resident broker-dealer (generally, a
broker-dealer with its principal place of business in a place not
subject to the jurisdiction of the United States) registered or
applying for registration pursuant to Section 15 of the Exchange Act to
maintain--in the United States--complete and current copies of books
and records required to be maintained under any rule adopted under the
Exchange Act and furnish to the Commission a written notice specifying
the address where the copies are located. Alternatively, Rule 17a-7
provides that non-resident broker-dealers may file with the Commission
a written undertaking to furnish the requisite books and records to the
Commission upon demand within 14 days of the demand.
    There are approximately 31 non-resident brokers and dealers. Based
on the Commission's experience, the Commission estimates that the
average amount of time necessary to comply with Rule 17a-7 is one hour
per year. Accordingly, the total industry-wide reporting burden is
approximately 31 hours per year. Assuming an average cost per hour of
approximately $314 for a compliance manager, the total internal cost of
compliance for the respondents is approximately $9,734 per year.\1\
---------------------------------------------------------------------------

    \1\ $314 per hour for a compliance manager is from SIFMA's
Management & Professional Earnings in the Securities Industry 2013,
modified by Commission staff for an 1800-hour work-year, multiplied
by 5.35 to account for bonuses, firm size, employee benefits, and
overhead, and adjusted for inflation.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Candace Kenner, 100 F Street NE, Washington, DC 20549, or send an
email to: [email protected].

    Dated: April 4, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06959 Filed 4-8-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Page 8829]
[FR Doc No: 2017-02040]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-28-000]

Kelly Creek Wind, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On January 25, 2017, the Commission issued an order in Docket No.
EL17-28-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether the
Reactive Service Rate Schedule of Kelly Creek Wind, LLC may be unjust,
unreasonable, unduly discriminatory or preferential. Kelly Creek Wind,
LLC, 158 FERC ] 61,059 (2017).
    The refund effective date in Docket No. EL17-28-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL17-28-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: January 25, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02040 Filed 1-30-17; 8:45 am]
 BILLING CODE 6717-01-P


Congratulations on being identified as a potential top finisher in
EPA’s 2014 ENERGY STAR National Building Competition! EPA is compiling
a report to highlight the energy- and water-saving strategies of
buildings that most successfully worked off their waste. EPA will
distribute this report during the winner announcement, and also refer
media and others to it throughout the year for real-world examples of
energy and water efficiency in action. Examples of past “wrap up”
reports are available at   HYPERLINK
"https://www.energystar.gov/buildings/learn-past-winners"
https://www.energystar.gov/buildings/learn-past-winners

Please send your completed questionnaire and a high-resolution photo of
your building or team to   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>by Friday, April 17, 2015.

Please provide the following information so that it can be included in
the wrap up report.

Building Name:

City, State, Zip Code:

Contact Name:

Contact Email Address:

Contact Phone #:

What’s the best advice you would give to someone starting a water
conservation program?

(50 word maximum)

Describe the project that saved the most water for your building during
the competition period.

(200 word maximum)

Briefly describe your other efforts to save water that resulted in your
impressive savings.

	   (200 word maximum)

Please attach a high resolution (min 300 dpi) photo of one of the
following subjects with your response email. (You may submit multiple
photos, but only one will be used in the report.)

Your building

Your team

Example communications promoting your participation in the competition
(e.g., banners, posters, signs)

The public reporting and recordkeeping burden for this collection of
information is estimated to average 30 minutes per response.  Send
comments on the Agency's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques to the Director, Collection Strategies Division, U.S.
Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460.  Include the OMB control number in any
correspondence.  Do not send the completed form to this address.

 PAGE   2

2014 ENERGY STAR® National Building Competition Final Report
Questionnaire – Water Savings

OMB Control No. 2060-0347

EPA Form No. 5900-379

 HYPERLINK "../../Preparing the Supporting Statement/Forms/Forms
Submissions/AppData/Local/Microsoft/AppData/Local/Microsoft/Windows/TO10
3/Shared Documents/0005_NBC/Operational Support and Data
Analysis/FINAL/Documents/lpitcher/My Documents/01. WORK/01. Current
Projects/NBC - Season 2/Flyers/www.energystar.gov/benchmark"
www.energystar.gov/benchmark