[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60654-60656]
[FR Doc No: 2017-27465]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82336; File No. SR-CBOE-2017-072; SR-C2-2017-030]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Cboe C2
Exchange, Inc.; Order Granting Accelerated Approval to a Proposed Rule
Change Relating to Its Nominating and Governance Committee and
Regulatory Oversight and Compliance Committee as Well as Its Director
Nomination and Committee Appointment Process

December 15, 2017.

I. Introduction

    On November 14, 2017, Cboe C2 Exchange, Inc. (``C2'') and on
November 15, 2017, Cboe Exchange, Inc. (``Cboe'' and, together with C2,
the ``Exchanges'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\
proposed rule changes to eliminate their Nominating and Governance
Committees (``N&G Committee''); amend the process by which (i)
directors are elected, (ii) committee appointments are made, and (iii)
vacancies are filled; and rename their Regulatory Oversight and
Compliance Committees (``ROCC'').\3\ The proposed rule changes were
published for comment in the Federal Register on November 27, 2017.\4\
The Commission received no comments on the proposals. This order
approves the proposed rule changes on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b 4.
    \3\ In addition, the Exchanges propose to make several
formatting changes throughout their Bylaws as well as to change
their names in the title and signature lines in their Certificates
of Incorporation (``Certificates'') to reflect recent changes to
their legal names.
    \4\ See Securities Exchange Act Release No. 82119 (November 20,
2017), 82 FR 56085 (SR-CBOE-2017-072); Securities Exchange Act
Release No. 82120 (November 20, 2017), 82 FR 56069 (SR-C2-2017-030)
(``Notices'').
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II. Description of the Proposal

    First, the Exchanges propose to eliminate their N&G Committees and
provide that the sole stockholder of the Exchanges (Cboe Global
Markets, Inc.) shall nominate and elect directors at the annual
meetings of the sole stockholder, except with respect to fair-
representation directors (``Representative Directors'').\5\ As a
consequence of the elimination of the N&G Committee, the Exchanges
propose conforming changes to reallocate its responsibility.
Specifically, the Exchanges propose to amend the definition of
``Representative Director Nominating Body'' to provide that if an
Exchange's Board of Directors (``Board'') has two or more Industry
Directors, excluding directors that are Exchange employees, those
Industry Directors shall act as the Representative Director Nominating
Body. If there are fewer than two Industry Directors on the Board
(excluding directors that are employees of the Exchange), then the
Trading Permit Holder Subcommittee of the Advisory Board shall act as
the Representative Director Nominating Body. The Exchanges further
propose to amend their Bylaws and Certificates to provide that the sole
stockholder is bound to nominate and elect the Representative Directors
nominees recommended by the Representative Director Nominating Body or,
in the event of a petition candidate, the Representative Director
nominees who receive the most votes pursuant to a Run-off Election.
Lastly, the Exchanges each propose to amend Section 3.1 of their Bylaws
to provide that the Board is responsible for determining whether a
director candidate satisfies the applicable qualifications for election
as a director.
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    \5\ See id. at 56086 and 56069, respectively.
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    Second, the Exchanges propose to transfer the N&G Committee's
current authority with respect to committee appointments to their
Boards (or appropriate subcommittee of the Board).\6\ Specifically, the
Exchanges propose to amend Section 4.2 and 6.1 of their Bylaws to state
that members of the Executive Committee and Advisory Board will be
appointed by the Board. The Exchanges also propose to amend Section 4.4
of their Bylaws to state that members of the ROCC will be appointed by
the Board on the recommendation of the Non-Industry Directors of the
Board. Lastly, Cboe proposes to amend its Rule 2.1 to provide that the
Board shall appoint the Chairman, Vice Chairman (if any) and members to
the Business Conduct Committee (``BCC'') as well as fill any vacancies
on the BCC.
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    \6\ See id. at 56086 and 56070, respectively.
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    Third, the Exchanges propose to amend their Bylaws to alter the
process for filling director vacancies.\7\ Specifically, the Exchanges
propose to amend Section 3.4 of their Bylaws to provide that in the
event any Industry or Non-Industry Director fails to maintain the
required qualifications and the director's term is accordingly
terminated, the sole stockholder, instead of the Board, shall be able
to fill the

vacancy.\8\ The Exchanges also propose to amend Section 3.5 of their
Bylaws to provide the sole stockholder with authority to fill vacancies
so long as the elected director qualifies for the position.
Additionally, with respect to vacancies among the Representative
Directors, the Representative Director Nominating Body will recommend
an individual, or provide a list of recommended individuals, to the
sole stockholder who shall select and fill the position.
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    \7\ See id. at 56086 and 56070, respectively.
    \8\ Amended Section 3.4 would also provide that if such
terminated director requalified, the sole stockholder would have
discretion to reappoint such director, including by increasing the
size of the Board, should that be necessary.
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    Fourth, the Exchanges propose to change the name of the ROCC to the
``Regulatory Oversight Committee'' (``ROC'').\9\ As such, the Exchanges
propose to remove the word ``Compliance'' from references to the
``ROCC'' in the Bylaws and, as applicable, Exchange rules.
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    \9\ The Exchanges note that the regulatory oversight committees
of its affiliated exchanges does not use the term ``Compliance'' in
their Committees' name. See Notices, supra note 5 at 56087 n.8 and
56070 n.8, respectively.
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    Finally, the Exchanges propose to change their names in the title
and signature lines in their Certificates to reflect recent changes to
their legal names.\10\
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    \10\ Other technical formatting changes occur throughout the
Bylaws as a result of the Exchanges proposed changes. See Notices,
supra note 5 at 56087 and 56070, respectively.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
changes are consistent with the requirements of Section 6 of the Act
\11\ and the rules and regulations thereunder applicable to a national
securities exchange.\12\ In particular, the Commission finds that the
proposed rule changes are consistent with Sections 6(b)(1) the Act,\13\
which require a national securities exchange to be so organized and
have the capacity to be able to carry out the purposes of the Act, and
to comply and to enforce compliance by its members and persons
associated with its members with the provisions of the Act, the rules
and regulations thereunder, and the rules of the Exchange. The
Commission also finds that the proposed rule changes are consistent
with Section 6(b)(3) of the Act,\14\ which requires that the rules of a
national securities exchange assure the fair representation of its
members in the selection of its directors and administration of its
affairs, and provide that one or more directors shall be representative
of issuers and investors and not be associated with a member of the
exchange, broker, or dealer.
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    \11\ 15 U.S.C. 78f(b).
    \12\ In approving these proposed rule changes, the Commission
has considered the proposed rules' impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(1).
    \14\ 15 U.S.C. 78f(b)(3).
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    The Commission believes that the Exchanges' proposals to eliminate
their N&G Committees and reassign the N&G Committees' responsibilities
are consistent with the Act. In particular, with respect to vesting the
authority to nominate and elect directors in the sole stockholder, the
Exchanges cite to the rules of another Exchange that similarly does not
maintain an exchange-level nominating committee and instead provides
that the sole stockholder of the Exchange nominates and elects their
non-fair representation directors.\15\ Importantly, the Commission
notes that the proposed rule changes do not substantively impact the
provisions concerning the nomination and selection of fair
representation directors that currently apply to the Exchanges. The
sole stockholder will continue to be bound to nominate and elect the
Representative Director nominees recommended by the Representative
Director Nominating Body and there are no other changes to the process
for the nomination and selection of Representative Directors.
Accordingly, the Commission believes that members of the Exchanges
should continue to have a voice in the governance of the Exchanges
through Board representation and thus will have a voice in the
Exchanges' exercise of their self-regulatory authority. The Exchanges
represent that they are not proposing to amend any of the compositional
requirements currently set forth in the Bylaws and that such existing
compositional requirements must continue to be satisfied, including the
provision relating to the fair representation of members.\16\
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    \15\ See Section 3.02(f) of the Amended and Restated NYSE Arca,
Inc. Bylaws. See also Notices, supra note 5 at 56086 and 56069,
respectively.
    \16\ See id. at 56087 and 56071, respectively.
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    In addition, with respect to providing the Board, as opposed to the
N&G Committee, with the authority to recommend and approve members of
the Executive Committee, Advisory Board, ROC and BCC, the Commission
notes that other exchanges provide that their Boards, without input
from a nominating committee, may appoint members to committees.\17\
While the internal Exchange delegations of the authority relating to
the (i) nomination and election of directors, (ii) nominating body for
Representative Directors, (iii) filling of director vacancies and (iv)
appointment of committees are being amended, the Exchanges represent
that the substantive requirements of the Exchanges applicable to those
items will remain the same.\18\
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    \17\ See e.g., Eleventh Amended and Restated Operating Agreement
of New York Stock Exchange, LLC, Section 2.03(h) and By-Laws of
Nasdaq Phlx LLC, Section 5-3.
    \18\ See id.
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    The Commission further believes that the proposals to change the
name of the ROCC to the ROC are consistent with the Act as they may
clarify the scope of the ROC's activities. Moreover, the Exchanges note
that changing the name of the committee would harmonize the names with
the name of the regulatory oversight committee of their affiliated
exchanges.\19\
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    \19\ See supra note 10.
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    Finally, the Commission believes that the proposals to update the
exchanges' names in their Certificates are consistent with the Act as
they may also serve to reduce potential confusion by ensuring the
Exchanges' corporate documents reflect their recent name changes.

IV. Accelerated Approval of Proposed Rule Changes

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\20\ to approve the proposed rule changes prior to the 30th day
after the date of publication of the Notices in the Federal
Register.\21\ The Commission believes that the proposed rule changes do
not raise novel regulatory issues and are substantively similar to the
existing rules of other national securities exchanges.\22\ In
particular, the Commission notes that the proposed rule changes do not
substantively impact the provisions concerning the nomination and
selection of fair representation directors that currently apply to the
Exchanges. Members of the Exchanges should continue to have an
opportunity to participate in the selection of Board representation and
have input into the Exchanges' exercise of self-regulatory authority.
In addition, the Commission did not receive any comment on the proposed
changes. Accordingly, the Commission finds that good cause exists to
approve the proposed rule changes on an accelerated basis.
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    \20\ 15 U.S.C. 78s(b)(2).
    \21\ As noted above, the Notices were published for comment in
the Federal Register on November 27, 2017 and the comment period
closed on December 12, 2017. Accordingly, the 30th day after
publication of the Notices is December 27, 2017.
    \22\ See notes 15 and 17, supra.

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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\23\ that the proposed rule changes (SR-CBOE-2017-072; SR-C2-2017-030)
be, and hereby are, approved on an accelerated basis.
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    \23\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-27465 Filed 12-20-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 19, 2007 (Volume 72, Number 12)]
[Notices]
[Page 2504-2505]
[DOCID:fr19ja07-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-29-000]

City of Vernon, CA; Notice of Filing

January 11, 2007.
    Take notice that on December 28, 2006, City of Vernon, California
filed revisions to its Transmission Revenue Balancing Account
Adjustments for the calendar year of 2007, consistent with its
Transmission Owner Tariff filed with the Commission in Docket No. EL00-
105-000, and with California Independent System Operator's
Corporation's FERC Electric Tariff No. 7, Second Replacement
Transmission Control Agreement.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 pm eastern time on January 18, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-662 Filed 1-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56121-56129]
[FR Doc No: 2019-22704]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2011-0140; FRL-9999-40-Region 9]

Outer Continental Shelf Air Regulations; Consistency Update for
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is updating a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which Virginia is the designated COA.
The Commonwealth of Virginia's requirements discussed in this document
and listed in the appendix to the Federal OCS air regulations, are
approved for incorporation into the compilation of state provisions
that is incorporated by reference.

DATES: This rule is effective on November 20, 2019. The incorporation
by reference of a certain publication listed in this rule is approved
by the Director of the Federal Register as of November 20, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0140. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mrs. Johansen can also be
reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 16, 2019, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve various Virginia air pollution control
requirements for inclusion in the updated compilation of ``Commonwealth
of Virginia Requirements Applicable to OCS Sources,'' dated February
20, 2019, which is incorporated by reference into 40 CFR part 55. See
84 FR 15549.
    Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
action is being taken in response to the submittal of a NOI, received
on January 28, 2019, by Dominion Energy Virginia, for the proposed
installation of a 12-megawatt offshore wind technology testing facility
located approximately 24 nautical miles east of the City of Virginia
Beach, Virginia.\1\
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    \1\ The EPA Region III Office was directly impacted by Congress'
failure to appropriate funds during the 2018-19 Federal government
shutdown and resulting furlough of many Federal employees, including
Region III personnel. As a result, although the NOI from Dominion
Energy Virginia was signed on December 21, 2018, it was not received
and date-stamped by EPA Region III until January 28, 2019, when the
Region III office returned to operation.
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    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
    EPA reviewed Virginia's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules,\2\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards. Other specific
requirements of the consistency update and the rationale for EPA's
proposed action are explained in the April 16, 2019 NPRM and will not
be restated here.
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    \2\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
Virginia has been delegated authority to implement and enforce the
requirements of the OCS Regulations within 25 miles of Virginia's
seaward boundary. See 77 FR 44231 (July 27, 2012).
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II. Public Comments and EPA Responses

    EPA received three sets of comments on the April 16, 2019 NPRM. See
84 FR 15549. A summary of the relevant comments and EPA's responses are
discussed in this Section. A copy of the comments can be found in the
docket for this rulemaking action.
    Comment: The Virginia Department of Environmental Quality (VADEQ)
requested that EPA remove references to state-only toxics programs from
being incorporated by reference into 40 CFR part 55, as proposed in
EPA's April 16, 2019 NPRM. See 84 FR 15549. This affects the following
sections of the Virginia Administrative Code (VAC): 9VAC5-40-350,
9VAC5-40-790, 9VAC5-40-970, 9VAC5-40-1880, 9VAC5-40-2310, 9VAC5-40-
2460, 9VAC5-40-2610, 9VAC5-40-3330, 9VAC5-40-3480, 9VAC5-40-4830,
9VAC5-40-5270, 9VAC5-40-6390, 9VAC5-40-6690, 9VAC5-40-6880, 9VAC5-40-
7030, 9VAC5-40-7470, 9VAC5-40-8090, 9VAC5-50-320, and Article 4 (9VAC5-
60-200 et seq.) and Article 5 (9VAC5-60-300 et seq.) of 9VAC5-60 in
their entirety.
    EPA Response: At Virginia's request, in this final rulemaking
action, EPA removed all references to the air toxics regulations in the
compilation of the ``Commonwealth of Virginia Requirements Applicable
to OCS Sources'' in 40 CFR part 55. EPA does not believe removal of the
toxics sections of VAC will have any adverse impact on VADEQ's ability
to properly implement air quality permitting for OCS sources, since
they are not related to the attainment and maintenance of Federal and
state ambient air quality standards.

    Comment: VADEQ requested that Part I (9VAC5-80-5 et seq.) of 9VAC5-
80 be removed in its entirety from 40 CFR part 55, noting that this
section, Permit Actions Before the Board, is a requirement of state
code and cannot be implemented or enforced by EPA.
    EPA Response: At Virginia's request, in this final rulemaking
action, EPA removed Part I of 9VAC5-80 from the compilation of the
``Commonwealth of Virginia Requirements Applicable to OCS Sources'' in
40 CFR part 55. EPA does not believe removal of Part I (9VAC5-80-5 et
seq.) of 9VAC5-80 will have any adverse impact on VADEQ's ability to
properly implement air quality permitting on OCS sources, since they
are not related to the attainment and maintenance of Federal and state
ambient air quality standards.
    Additionally, for clarification purposes, because Virginia has been
delegated authority to implement and enforce the requirements of the
OCS Regulations within 25 miles of Virginia's seaward boundary, the
inclusion of a regulation into 40 CFR part 55 does not designate EPA as
the appropriate authority to implement or enforce those provisions of
Virginia's regulations, but, rather, reinforces that VADEQ has the
ability to implement and enforce those potentially applicable
provisions on OCS sources, for which Virginia is designated as the COA.
See 77 FR 44231 (July 27, 2012).
    Comment: VADEQ noted a typographical error in EPA's April 16, 2019
NPRM under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5-80, the
effective date of 03/02/2011 should be corrected to be 11/16/2016.
    EPA Response: EPA agrees with the commenter and has made the
requested typographical correction.
    Comment: VADEQ requested that Part IV (9VAC5-130-100) of 9VAC5-130
be removed. VADEQ noted that this section, Local Ordinances, is a
template for the use of local jurisdictions to develop their own open
burning ordinances. VADEQ also noted that this is a requirement of
state code and cannot be implemented or enforced by EPA.
    EPA Response: At Virginia's request, in this final rulemaking
action, EPA removed Part IV (9VAC5-130-100) of 9VAC5-130 from the
compilation of the ``Commonwealth of Virginia Requirements Applicable
to OCS Sources'' in 40 CFR part 55. EPA does not believe removal of
Part IV (9VAC5-130-100) of 9VAC5-130 will have any adverse impact on
VADEQ's ability to properly implement air quality permitting on OCS
sources, since they are not related to the attainment and maintenance
of Federal and state ambient air quality standards.
    In a previous response to comment, EPA addressed VADEQ's statement
regarding EPA's ability to implement or enforce VAC provisions and will
not be restating that here.
    Comment: One commenter stated that regulating emissions from OCS
sources within 25 miles of the coast to make them in accordance with
onshore sources could make existing OCS sources within 25 miles
obsolete. The commenter further asserts that dozens of oil rigs inside
25 miles comply with current OCS regulations, which require them to
lower their emissions. In turn, the commenter states that requiring
sources to comply with OCS requirements could cost rig owners a
significant amount of money if they have to update or modify the rigs
to comply. The commenter asserts that this could hurt many drilling
businesses and as a result, hurt the economy. Finally, the commenter
asks EPA to not go through with this proposal and allow companies to
continue drilling within 25 miles of the shore under the current OCS
regulations.
    EPA Response: As noted in EPA's April 16, 2019 NPRM, this action is
being taken because section 328(a) of the CAA requires that EPA
establish requirements to control air pollution from OCS sources
located within 25 miles of States' seaward boundaries that are the same
as onshore requirements. See 84 FR 15549. To comply with this statutory
mandate, EPA must incorporate applicable onshore rules into 40 CFR part
55 as they exist onshore. This limits EPA's flexibility in deciding
which requirements will be incorporated into 40 CFR part 55 and
prevents EPA from making substantive changes to the requirements it
incorporates. This rulemaking action is simply updating requirements
that were previously incorporated by reference into 40 CFR part 55. See
76 FR 43185 (July 20, 2011). Further, as noted in EPA's April 16, 2019
NPRM and 40 CFR part 55.1, EPA reviewed all of the potentially
applicable sections of VAC to ensure they are not designed expressly to
prevent exploration and development of the OCS.
    Comment: Another commenter expressed that the proposed rule should
take effect. The commenter then discusses Virginia's designation as the
COA and that the designation enhances the OCS sources' protection. The
commenter then goes on to discuss tourism in Virginia. Finally, the
commenter concludes that Virginia should go further to control air
pollution from OCS sources and comply with standards of the COA.
    EPA Response: While it is unclear to EPA exactly what the
commenter's main concern is with respect to this rulemaking action, EPA
is meeting its statutory obligations in CAA section 328(a)(1) and the
requirements of 40 CFR part 55 with respect to specific OCS
requirements, upon finalizing this rulemaking action. Additionally, the
ability of VADEQ to implement and enforce air quality provisions
potentially applicable to an OCS source, for which Virginia is the COA,
occurs because Virginia has been delegated the authority, by the EPA,
to administer and enforce OCS air requirements. See 77 FR 44231 (July
27, 2012). Lastly, it should be noted that there are many other
Federal, state, and local agencies involved in the process of
developing the OCS, and in this final rulemaking action, EPA is
ensuring that VADEQ has the ability to implement and enforce any
necessary applicable air quality regulations for which they have been
designated as the COA for that source.

III. Final Action

    EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the Commonwealth of Virginia will
be the COA. The rules that EPA is taking final action to incorporate
are applicable provisions of VAC, as amended through February 20, 2019.
The rules that EPA is taking final action to incorporate will replace
the rules previously incorporated into ``Commonwealth of Virginia
Requirements Applicable to OCS Sources,'' dated March 2, 2011, which
was incorporated by reference into 40 CFR part 55. See 76 FR 43185
(July 20, 2011).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of
``Commonwealth of Virginia Requirements Applicable to OCS Sources,''
dated February 20, 2019, which is the compilation of provisions of the
VAC described in the amendments to 40 CFR part 55 set forth below. EPA
has made, and will continue to make, these materials available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule incorporating by reference sections of VAC,
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), because this action is not approved to
apply in Indian country located in the state, and EPA notes that it
does not impose substantial direct costs on tribal governments or
preemptive tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\3\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
---------------------------------------------------------------------------

    \3\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
    EPA is incorporating the rules potentially applicable to sources
for which the Commonwealth of Virginia is the COA. The rules that EPA
is incorporating are applicable provisions of VAC.

List of Subjects in 40 CFR Part 55

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

    Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(22)(i)(A) to read
as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (22) * * *
    (i) * * *
    (A) Commonwealth of Virginia Requirements Applicable to OCS
Sources, February 20, 2019.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Virginia'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

    Virginia:
    (a) * * *

    (1) The following Commonwealth of Virginia requirements are
applicable to OCS Sources, February 20, 2019, Commonwealth of
Virginia--Virginia Department of Environmental Quality.
    The following sections of Virginia Regulations for the Control
and Abatement of Air Pollution Control (VAC), Title 9, Agency 5:

Chapter 10--General Definitions

(Effective 05/19/2017)

9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

Chapter 20--General Provisions

(Effective 02/19/2018)

Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference.
9VAC5-20-50. Variances.
9VAC5-20-70. Circumvention.
9VAC5-20-80. Relationship of state regulations to federal
regulations.
9VAC5-20-121. Air quality program policies and procedures.

Part II--Air Quality Programs

9VAC5-20-160. Registration.
9VAC5-20-170. Control programs.
9VAC5-20-180. Facility and control equipment maintenance or
malfunction.
9VAC5-20-200. Air quality control regions.
9VAC5-20-203. Maintenance areas.
9VAC5-20-204. Nonattainment areas.
9VAC5-20-205. Prevention of significant deterioration areas.
9VAC5-20-206. Volatile organic compound and nitrogen oxides emission
control areas.
9VAC5-20-220. Shutdown of a stationary source.
9VAC5-20-230. Certification of documents.

Chapter 30--Ambient Air Quality Standards

(Effective 05/15/2017)

9VAC5-30-10. General.
9VAC5-30-15. Reference conditions.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).
9VAC5-30-40. Carbon monoxide.
9VAC5-30-50. Ozone (1-hour).
9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
9VAC5-30-56. Ozone (8-hour, 0.075 ppm).
9VAC5-30-57. Ozone (8-hour, 0.070 ppm).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter (PM2.5).
9VAC5-30-66. Particulate matter (PM2.5).
9VAC5-30-67. Particulate matter (PM2.5).
9VAC5-30-70. Oxides of nitrogen with nitrogen dioxide as the
indicator.
9VAC5-30-80. Lead.

Chapter 40--Existing Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)

9VAC5-40-10. Applicability.
9VAC5-40-20. Compliance.
9VAC5-40-21. Compliance schedules.
9VAC5-40-22. Interpretation of emission standards based on process
weight-rate tables.
9VAC5-40-30. Emission testing.
9VAC5-40-40. Monitoring.
9VAC5-40-41. Emission monitoring procedures for existing sources.
9VAC5-40-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)

9VAC5-40-60. Applicability and designation of affected facility.
9VAC5-40-70. Definitions.
9VAC5-40-80. Standard for visible emissions.
9VAC5-40-90. Standard for fugitive dust/emissions.
9VAC5-40-100. Monitoring.
9VAC5-40-110. Test methods and procedures.
9VAC5-40-120. Waivers.

Article 4--General Process Operations

(Effective 12/15/2006)

9VAC5-40-240. Applicability and designation of affected facility.
9VAC5-40-250. Definitions.
9VAC5-40-260. Standard for particulate matter (AQCR 1-6).
9VAC5-40-270. Standard for particulate matter (AQCR 7).
9VAC5-40-280. Standard for sulfur dioxide.
9VAC5-40-290. Standard for hydrogen sulfide.
9VAC5-40-320. Standard for visible emissions.
9VAC5-40-330. Standard for fugitive dust/emissions.
9VAC5-40-360. Compliance.
9VAC5-40-370. Test methods and procedures.
9VAC5-40-380. Monitoring.
9VAC5-40-390. Notification, records and reporting.
9VAC5-40-400. Registration.
9VAC5-40-410. Facility and control equipment maintenance or
malfunction.
9VAC5-40-420. Permits.

Article 7--Incinerators

(Effective 01/01/1985)

9VAC5-40-730. Applicability and designation of affected facility.
9VAC5-40-740. Definitions.
9VAC5-40-750. Standard for particulate matter.
9VAC5-40-760. Standard for visible emissions.
9VAC5-40-770. Standard for fugitive dust/emissions.
9VAC5-40-800. Prohibition of flue-fed incinerators.
9VAC5-40-810. Compliance.
9VAC5-40-820. Test methods and procedures.
9VAC5-40-830. Monitoring.
9VAC5-40-840. Notification, records and reporting.
9VAC5-40-850. Registration.
9VAC5-40-860. Facility and control equipment maintenance or
malfunction.
9VAC5-40-870. Permits.

Article 8--Fuel Burning Equipment

(Effective 01/01/2002)

9VAC5-40-880. Applicability and designation of affected facility.
9VAC5-40-890. Definitions.
9VAC5-40-900. Standard for particulate matter.
9VAC5-40-910. Emission allocation system.
9VAC5-40-920. Determination of collection equipment efficiency
factor.
9VAC5-40-930. Standard for sulfur dioxide.
9VAC5-40-940. Standard for visible emissions.
9VAC5-40-950. Standard for fugitive dust/emissions.
9VAC5-40-980. Compliance.
9VAC5-40-990. Test methods and procedures.
9VAC5-40-1000. Monitoring.
9VAC5-40-1010. Notification, records and reporting.
9VAC5-40-1020. Registration.
9VAC5-40-1030. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1040. Permits.

Article 14--Sand-Gravel Processing; Stone Quarrying & Processing

(Effective 01/01/1985)

9VAC5-40-1820. Applicability and designation of affected facility.
9VAC5-40-1830. Definitions.
9VAC5-40-1840. Standard for particulate matter.
9VAC5-40-1850. Standard for visible emissions.
9VAC5-40-1860. Standard for fugitive dust/emissions.
9VAC5-40-1890. Compliance.
9VAC5-40-1900. Test methods and procedures.
9VAC5-40-1910. Monitoring.
9VAC5-40-1920. Notification, records and reporting.
9VAC5-40-1930. Registration.
9VAC5-40-1940. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1950. Permits.

Article 17--Woodworking Operations

(Effective 01/01/1985)

9VAC5-40-2250. Applicability and designation of affected facility.
9VAC5-40-2260. Definitions.
9VAC5-40-2270. Standard for particulate matter.
9VAC5-40-2280. Standard for visible emissions.
9VAC5-40-2290. Standard for fugitive dust/emissions.
9VAC5-40-2320. Compliance.
9VAC5-40-2330. Test methods and procedures.
9VAC5-40-2340. Monitoring.
9VAC5-40-2350. Notification, records and reporting.
9VAC5-40-2360. Registration.
9VAC5-40-2370. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2380. Permits.

Article 18--Primary and Secondary Metal Operations

(Effective 01/01/1985)

9VAC5-40-2390. Applicability and designation of affected facility.
9VAC5-40-2400. Definitions.
9VAC5-40-2410. Standard for particulate matter.

9VAC5-40-2420. Standard for sulfur oxides.
9VAC5-40-2430. Standard for visible emissions.
9VAC5-40-2440. Standard for fugitive dust/emissions.
9VAC5-40-2470. Compliance.
9VAC5-40-2480. Test methods and procedures.
9VAC5-40-2490. Monitoring.
9VAC5-40-2500. Notification, records and reporting.
9VAC5-40-2510. Registration.
9VAC5-40-2520. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2530. Permits.

Article 19--Lightweight Aggregate Process Operations

(Effective 01/01/1985)

9VAC5-40-2540. Applicability and designation of affected facility.
9VAC5-40-2550. Definitions.
9VAC5-40-2560. Standard for particulate matter.
9VAC5-40-2570. Standard for sulfur oxides.
9VAC5-40-2580. Standard for visible emissions.
9VAC5-40-2590. Standard for fugitive dust/emissions.
9VAC5-40-2620. Compliance.
9VAC5-40-2630. Test methods and procedures.
9VAC5-40-2640. Monitoring.
9VAC5-40-2650. Notification, records and reporting.
9VAC5-40-2660. Registration.
9VAC5-40-2670. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2680. Permits.

Article 24--Solvent Metal Cleaning Operations

(Effective 03/24/2004)

9VAC5-40-3260. Applicability and designation of affected facility.
9VAC5-40-3270. Definitions.
9VAC5-40-3280. Standard for volatile organic compounds.
9VAC5-40-3290. Control technology guidelines.
9VAC5-40-3300. Standard for visible emissions.
9VAC5-40-3310. Standard for fugitive dust/emissions.
9VAC5-40-3340. Compliance.
9VAC5-40-3350. Test methods and procedures.
9VAC5-40-3360. Monitoring.
9VAC5-40-3370. Notification, records and reporting.
9VAC5-40-3380. Registration.
9VAC5-40-3390. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3400. Permits.

Article 25--VOC Storage & Transfer Operations

(Effective 07/01/1991)

9VAC5-40-3410. Applicability and designation of affected facility.
9VAC5-40-3420. Definitions.
9VAC5-40-3430. Standard for volatile organic compounds.
9VAC5-40-3440. Control technology guidelines.
9VAC5-40-3450. Standard for visible emissions.
9VAC5-40-3460. Standard for fugitive dust/emissions.
9VAC5-40-3490. Compliance.
9VAC5-40-3500. Test methods and procedures.
9VAC5-40-3510. Monitoring.
9VAC5-40-3520. Notification, records and reporting.
9VAC5-40-3530. Registration.
9VAC5-40-3540. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3550. Permits.

Article 34--Miscellaneous Metal Parts/Products Coating Application

(Effective 02/01/2016)

9VAC5-40-4760. Applicability and designation of affected facility.
9VAC5-40-4770. Definitions.
9VAC5-40-4780. Standard for volatile organic compounds.
9VAC5-40-4790. Control technology guidelines.
9VAC5-40-4800. Standard for visible emissions.
9VAC5-40-4810. Standard for fugitive dust/emissions.
9VAC5-40-4840. Compliance.
9VAC5-40-4850. Test methods and procedures.
9VAC5-40-4860. Monitoring.
9VAC5-40-4870. Notification, records and reporting.
9VAC5-40-4880. Registration.
9VAC5-40-4890. Facility and control equipment maintenance or
malfunction.
9VAC5-40-4900. Permits.

Article 37--Petroleum Liquid Storage and Transfer Operations

(Effective 07/30/2015)

9VAC5-40-5200. Applicability and designation of affected facility.
9VAC5-40-5210. Definitions.
9VAC5-40-5220. Standard for volatile organic compounds.
9VAC5-40-5230. Control technology guidelines.
9VAC5-40-5240. Standard for visible emissions.
9VAC5-40-5250. Standard for fugitive dust/emissions.
9VAC5-40-5280. Compliance.
9VAC5-40-5290. Test methods and procedures.
9VAC5-40-5300. Monitoring.
9VAC5-40-5310. Notification, records and reporting.
9VAC5-40-5320. Registration.
9VAC5-40-5330. Facility and control equipment maintenance or
malfunction.
9VAC5-40-5340. Permits.

Article 41--Mobile Sources

(Effective 08/01/1991)

9VAC5-40-5650. Applicability and designation of affected facility.
9VAC5-40-5660. Definitions.
9VAC5-40-5670. Motor vehicles.
9VAC5-40-5680. Other mobile sources.
9VAC5-40-5690. Export/import of motor vehicles.

Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 11/16/2016)

9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6360. Standard for visible emissions.
9VAC5-40-6370. Standard for fugitive dust/emissions.
9VAC5-40-6400. Operator training and qualification.
9VAC5-40-6410. Waste management plan.
9VAC5-40-6420. Compliance schedule.
9VAC5-40-6430. Operating limits.
9VAC5-40-6440. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6450. Test methods and procedures.
9VAC5-40-6460. Compliance.
9VAC5-40-6470. Monitoring.
9VAC5-40-6480. Recordkeeping and reporting.
9VAC5-40-6490. Requirements for air curtain incinerators.
9VAC5-40-6500. Registration.
9VAC5-40-6510. Permits.
9VAC5-40-6520. Documents Incorporated by Reference.

Article 46--Small Municipal Waste Combustors

(Effective 05/04/2005)

9VAC5-40-6550. Applicability and designation of affected facility.
9VAC5-40-6560. Definitions.
9VAC5-40-6570. Standard for particulate matter.
9VAC5-40-6580. Standard for carbon monoxide.
9VAC5-40-6590. Standard for dioxins/furans.
9VAC5-40-6600. Standard for hydrogen chloride.
9VAC5-40-6610. Standard for sulfur dioxide.
9VAC5-40-6620. Standard for nitrogen oxides.
9VAC5-40-6630. Standard for lead.
9VAC5-40-6640. Standard for cadmium.
9VAC5-40-6650. Standard for mercury.
9VAC5-40-6660. Standard for visible emissions.
9VAC5-40-6670. Standard for fugitive dust/emissions.
9VAC5-40-6700. Operator training and certification.
9VAC5-40-6710. Compliance schedule.
9VAC5-40-6720. Operating requirements.
9VAC5-40-6730. Compliance.
9VAC5-40-6740. Test methods and procedures.
9VAC5-40-6750. Monitoring.
9VAC5-40-6760. Recordkeeping.
9VAC5-40-6770. Reporting.
9VAC5-40-6780. Requirements for air curtain incinerators that burn
100 percent yard waste.
9VAC5-40-6790. Registration.
9VAC5-40-6800. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6810. Permits.

Article 47--Solvent Cleaning

(Effective 03/24/2004)

9VAC5-40-6820. Applicability and designation of affected facility.

9VAC5-40-6830. Definitions.
9VAC5-40-6840. Standard for volatile organic compounds.
9VAC5-40-6850. Standard for visible emissions.
9VAC5-40-6860. Standard for fugitive dust/emissions.
9VAC5-40-6890. Compliance.
9VAC5-40-6900. Compliance schedules.
9VAC5-40-6910. Test methods and procedures.
9VAC5-40-6920. Monitoring.
9VAC5-40-6930. Notification, records and reporting.
9VAC5-40-6940. Registration.
9VAC5-40-6950. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6960. Permits.

Article 48--Mobile Equipment Repair and Refinishing

(Effective 10/01/2013)

9VAC5-40-6970. Applicability and designation of affected facility.
9VAC5-40-6975. Exemptions.
9VAC5-40-6980. Definitions.
9VAC5-40-6990. Standard for volatile organic compounds.
9VAC5-40-7000. Standard for visible emissions.
9VAC5-40-7010. Standard for fugitive dust/emissions.
9VAC5-40-7040. Compliance.
9VAC5-40-7050. Compliance schedule.
9VAC5-40-7060. Test methods and procedures.
9VAC5-40-7070. Monitoring.
9VAC5-40-7080. Notification, records and reporting.
9VAC5-40-7090. Registration.
9VAC5-40-7100. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7110. Permits.

Article 51--Stationary Sources Subject to Case-by-Case RACT
Determinations

(Effective 12/02/2015)

9VAC5-40-7370. Applicability and designation of affected facility.
9VAC5-40-7380. Definitions.
9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone
standard)
9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone
standard).
9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).
9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).
9VAC5-40-7430. Presumptive reasonably available control technology
guidelines for stationary sources of nitrogen oxides.
9VAC5-40-7440. Standard for visible emissions.
9VAC5-40-7450. Standard for fugitive dust/emissions.
9VAC5-40-7480. Compliance.
9VAC5-40-7490. Test methods and procedures.
9VAC5-40-7500. Monitoring.
9VAC5-40-7510. Notification, records and reporting.
9VAC5-40-7520. Registration.
9VAC5-40-7530. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7540. Permits.

Article 54--Large Municipal Waste Combustors

(Effective 07/01/2003)

9VAC5-40-7950. Applicability and designation of affected facility.
9VAC5-40-7960. Definitions.
9VAC5-40-7970. Standard for particulate matter.
9VAC5-40-7980. Standard for carbon monoxide.
9VAC5-40-7990. Standard for cadmium.
9VAC5-40-8000. Standard for lead.
9VAC5-40-8010. Standard for mercury.
9VAC5-40-8020. Standard for sulfur dioxide.
9VAC5-40-8030. Standard for hydrogen chloride.
9VAC5-40-8040. Standard for dioxin/furan.
9VAC5-40-8050. Standard for nitrogen oxides.
9VAC5-40-8060. Standard for visible emissions.
9VAC5-40-8070. Standard for fugitive dust/emissions.
9VAC5-40-8100. Compliance.
9VAC5-40-8110. Compliance schedules.
9VAC5-40-8120. Operating practices.
9VAC5-40-8130. Operator training and certification.
9VAC5-40-8140. Test Methods and Procedures.
9VAC5-40-8150. Monitoring.
9VAC5-40-8160. Notification, Records and Reporting.
9VAC5-40-8170. Registration.
9VAC5-40-8180. Facility and control equipment maintenance or
malfunction.
9VAC5-40-8190. Permits.

Chapter 50--New and Modified Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)

9VAC5-50-10. Applicability.
9VAC5-50-20. Compliance.
9VAC5-50-30. Performance testing.
9VAC5-50-40. Monitoring.
9VAC5-50-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)

9VAC5-50-60. Applicability and designation of affected facility.
9VAC5-50-70. Definitions.
9VAC5-50-80. Standard for visible emissions.
9VAC5-50-90. Standard for fugitive dust/emissions.
9VAC5-50-100. Monitoring.
9VAC5-50-110. Test methods and procedures.
9VAC5-50-120. Waivers.

Article 4--Stationary Sources

(Effective 11/07/2012)

9VAC5-50-240. Applicability and designation of affected facility.
9VAC5-50-250. Definitions.
9VAC5-50-260. Standard for stationary sources.
9VAC5-50-270. Standard for major stationary sources (nonattainment
areas).
9VAC5-50-280. Standard for major stationary sources (prevention of
significant deterioration areas).
9VAC5-50-290. Standard for visible emissions.
9VAC5-50-300. Standard for fugitive dust/emissions.
9VAC5-50-330. Compliance.
9VAC5-50-340. Test methods and procedures.
9VAC5-50-350. Monitoring.
9VAC5-50-360. Notification, records and reporting.
9VAC5-50-370. Registration.
9VAC5-50-380. Facility and control equipment maintenance or
malfunction.
9VAC5-50-390. Permits.

Article 5--EPA New Source Performance Standards

(Effective 02/20/2019)

9VAC5-50-400. General.
9VAC5-50-405. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-50-410. Designated standards of performance.
9VAC5-50-420. Word or phrase substitutions.

Chapter 60--Hazardous Air Pollutant Sources

Part I--Special Provisions

(Effective 08/01/2002)

9VAC5-60-10. Applicability.
9VAC5-60-20. Compliance.
9VAC5-60-30. Emission testing.
9VAC5-60-40. Monitoring.
9VAC5-60-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--EPA National Emissions Standards for Hazardous Air
Pollutants

(Effective 02/20/2019)

9VAC5-60-60. General.
9VAC5-60-65. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-70. Designated emission standards.
9VAC5-60-80. Word or phrase substitutions.

Article 2--EPA Maximum Achievable Control Technology Standards

(Effective 03/02/2011)

9VAC5-60-90. General.
9VAC5-60-95. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-100. Designated emission standards.
9VAC5-60-110. Word or phrase substitutions.

Article 3--Control Technology Determinations for Major Sources of
Hazardous Air Pollutants

(Effective 07/01/2004)

9VAC5-60-120. Applicability.
9VAC5-60-130. Definitions.
9VAC5-60-140. Approval process for new and existing affected
sources.
9VAC5-60-150. Application content for case-by-case MACT
determinations.

9VAC5-60-160. Preconstruction review procedures for new affected
sources subject to 9VAC5-60-140 C 1.
9VAC5-60-170. Maximum achievable control technology (MACT)
determinations for affected sources subject to case-by-case
determination of equivalent emission limitations.
9VAC5-60-180. Requirements for case-by-case determination of
equivalent emission limitations after promulgation of a subsequent
MACT standard.

Chapter 70--Air Pollution Episode Prevention

(Effective 04/01/1999)

9VAC5-70-10. Applicability.
9VAC5-70-20. Definitions.
9VAC5-70-30. General.
9VAC5-70-40. Episode determination
9VAC5-70-50. Standby emission reduction plans.
9VAC5-70-60. Control requirements.
9VAC5-70-70. Local air pollution control agency participation.

Chapter 80--Permits for Stationary Sources

Part II--Permit Procedures

Article 1--Federal (Title V) Operating Permits for Stationary Sources

(Effective 11/16/2016)

9VAC5-80-50. Applicability.
9VAC5-80-60. Definitions.
9VAC5-80-70. General.
9VAC5-80-80. Applications.
9VAC5-80-90. Application information required.
9VAC5-80-100. Emission caps.
9VAC5-80-110. Permit content.
9VAC5-80-120. General permits.
9VAC5-80-130. Temporary sources.
9VAC5-80-140. Permit shield.
9VAC5-80-150. Action on permit application.
9VAC5-80-160. Transfer of permits.
9VAC5-80-170. Permit renewal and expiration.
9VAC5-80-180. Permanent shutdown for emissions trading.
9VAC5-80-190. Changes to permits.
9VAC5-80-200. Administrative permit amendments.
9VAC5-80-210. Minor permit modifications.
9VAC5-80-220. Group processing of minor permit modifications.
9VAC5-80-230. Significant modification procedures.
9VAC5-80-240. Reopening for cause.
9VAC5-80-250. Malfunction.
9VAC5-80-260. Enforcement.
9VAC5-80-270. Public participation.
9VAC5-80-280. Operational flexibility.
9VAC5-80-290. Permit review by EPA and affected states.
9VAC5-80-300. Voluntary inclusions of additional state-only
requirements as applicable state requirements in the permit.

Article 2--Permit Program (Title V) Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation prior to January
1, 2018.
9VAC5-80-342. Annual Permit program emissions fee calculation on and
after January 2, 2018.
9VAC5-80-350. Annual permit program emissions fee payment.

Article 4--Insignificant Activities

(Effective 01/01/2001)

9VAC5-80-710. General.
9VAC5-80-720. Insignificant activities.

Article 5--State Operating Permits

(Effective 12/31/2008)

9VAC5-80-800. Applicability.
9VAC5-80-810. Definitions.
9VAC5-80-820. General.
9VAC5-80-830. Applications.
9VAC5-80-840. Application information required.
9VAC5-80-850. Standards and conditions for granting permits.
9VAC5-80-860. Action on permit application.
9VAC5-80-870. Application review and analysis.
9VAC5-80-880. Compliance determination and verification by testing.
9VAC5-80-890. Monitoring requirements.
9VAC5-80-900. Reporting requirements.
9VAC5-80-910. Existence of permit no defense.
9VAC5-80-920. Circumvention.
9VAC5-80-930. Compliance with local zoning requirements.
9VAC5-80-940. Transfer of permits.
9VAC5-80-950. Termination of permits.
9VAC5-80-960. Changes to permits.
9VAC5-80-970. Administrative permit amendments.
9VAC5-80-980. Minor permit amendments.
9VAC5-80-990. Significant amendment procedures.
9VAC5-80-1000. Reopening for cause.
9VAC5-80-1010. Enforcement.
9VAC5-80-1020. Public participation.
9VAC5-80-1030. General permits.
9VAC5-80-1040. Review and evaluation of article.

Article 6--Permits for New and Modified Stationary Sources

(Effective 03/27/2014)

9VAC5-80-1100. Applicability.
9VAC5-80-1105. Permit Exemptions.
9VAC5-80-1110. Definitions.
9VAC5-80-1120. General.
9VAC5-80-1140. Applications.
9VAC5-80-1150. Application information required.
9VAC5-80-1160. Action on permit application.
9VAC5-80-1170. Public participation.
9VAC5-80-1180. Standards and conditions for granting permits.
9VAC5-80-1190. Application review and analysis.
9VAC5-80-1200. Compliance determination and verification by
performance testing.
9VAC5-80-1210. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-1220. Existence of permit no defense.
9VAC5-80-1230. Compliance with local zoning requirements.
9VAC5-80-1240. Transfer of permits.
9VAC5-80-1250. General permits.
9VAC5-80-1255. Actions to combine permit terms and conditions.
9VAC5-80-1260. Actions to change permits.
9VAC5-80-1270. Administrative permit amendments.
9VAC5-80-1280. Minor permit amendments.
9VAC5-80-1290. Significant amendment procedures.
9VAC5-80-1300. Reopening for cause.

Article 7--Permits for New and Reconstructed Major Sources of HAPs

(Effective 12/31/2008)

9VAC5-80-1400. Applicability.
9VAC5-80-1410. Definitions.
9VAC5-80-1420. General.
9VAC5-80-1430. Applications.
9VAC5-80-1440. Application information required.
9VAC5-80-1450. Action on permit application.
9VAC5-80-1460. Public participation.
9VAC5-80-1470. Standards and conditions for granting permits.
9VAC5-80-1480. Application review and analysis.
9VAC5-80-1490. Compliance determination and verification by
performance testing.
9VAC5-80-1500. Permit invalidation, rescission, revocation and
enforcement.
9VAC5-80-1510. Existence of permit no defense.
9VAC5-80-1520. Compliance with local zoning requirements.
9VAC5-80-1530. Transfer of permits.
9VAC5-80-1540. Changes to permits.
9VAC5-80-1550. Administrative permit amendments.
9VAC5-80-1560. Minor permit amendments.
9VAC5-80-1570. Significant amendment procedures.
9VAC5-80-1580. Reopening for cause.
9VAC5-80-1590. Requirements for constructed or reconstructed major
sources subject to a subsequently promulgated MACT standard or MACT
requirements.

Article 8--Permits for Major Stationary Sources and Modifications--PSD
Areas

(Effective 08/13/2015)

9VAC5-80-1605. Applicability.
9VAC5-80-1615. Definitions.
9VAC5-80-1625. General.
9VAC5-80-1635. Ambient air increments.
9VAC5-80-1645. Ambient air ceilings.
9VAC5-80-1655. Applications.
9VAC5-80-1665. Compliance with local zoning requirements.
9VAC5-80-1675. Compliance determination and verification by
performance testing.
9VAC5-80-1685. Stack heights.
9VAC5-80-1695. Exemptions.
9VAC5-80-1705. Control technology review.
9VAC5-80-1715. Source impact analysis.
9VAC5-80-1725. Air quality models.
9VAC5-80-1735. Air quality analysis.
9VAC5-80-1745. Source information.
9VAC5-80-1755. Additional impact analyses.
9VAC5-80-1765. Sources affecting federal class I areas--additional
requirements.
9VAC5-80-1773. Action on permit application.

9VAC5-80-1775. Public participation.
9VAC5-80-1785. Source obligation.
9VAC5-80-1795. Environmental impact statements.
9VAC5-80-1805. Disputed permits.
9VAC5-80-1815. Interstate pollution abatement.
9VAC5-80-1825. Innovative control technology.
9VAC5-80-1865. Actuals plantwide applicability limits (PALs).
9VAC5-80-1915. Actions to combine permit terms and conditions.
9VAC5-80-1925. Actions to change permits.
9VAC5-80-1935. Administrative permit amendments.
9VAC5-80-1945. Minor permit amendments.
9VAC5-80-1955. Significant amendment procedures.
9VAC5-80-1965. Reopening for cause.
9VAC5-80-1975. Transfer of permits.
9VAC5-80-1985. Permit invalidation, suspension, revocation, and
enforcement.
9VAC5-80-1995. Existence of permit no defense.

Article 9--Permits for Major Stationary Sources and Modifications--
Nonattainment Areas

(Effective 05/15/2017)

9VAC5-80-2000. Applicability.
9VAC5-80-2010. Definitions.
9VAC5-80-2020. General.
9VAC5-80-2030. Applications.
9VAC5-80-2040. Application information required.
9VAC5-80-2050. Standards and conditions for granting permits.
9VAC5-80-2060. Action on permit application.
9VAC5-80-2070. Public participation.
9VAC5-80-2080. Compliance determination and verification by
performance testing.
9VAC5-80-2090. Application review and analysis.
9VAC5-80-2091. Source obligation.
9VAC5-80-2110. Interstate pollution abatement.
9VAC5-80-2120. Offsets.
9VAC5-80-2130. De minimis increases and stationary source
modification alternatives for ozone nonattainment areas classified
as serious or severe in 9VAC5-20-204.
9VAC5-80-2140. Exemptions.
9VAC5-80-2144. Actuals plantwide applicability limits (PALs).
9VAC5-80-2150. Compliance with local zoning requirements.
9VAC5-80-2170. Transfer of permits.
9VAC5-80-2180. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-2190. Existence of permit no defense.
9VAC5-80-2195. Actions to combine permit terms and conditions.
9VAC5-80-2200. Actions to change permits.
9VAC5-80-2210. Administrative permit amendments.
9VAC5-80-2220. Minor permit amendments.
9VAC5-80-2230. Significant amendment procedures.
9VAC5-80-2240. Reopening for cause.

Article 10--Permit Application Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation prior to January
1, 2018.
9VAC5-80-2282. Permit application fee calculation on and after
January 1, 2018.
9VAC5-80-2290. Permit application fee payment.

Article 11--Annual Permit Maintenance Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-2310. Applicability.
9VAC5-80-2320. Definitions.
9VAC5-80-2330. General.
9VAC5-80-2340. Annual Permit Maintenance Fee Calculation Prior to
January 1, 2018.
9VAC5-80-2342. Annual Permit Maintenance Fee Calculation on and
After January 1, 2018.
9VAC5-80-2350. Annual Permit Maintenance Fee Payment.

Chapter 85--Permits for Stationary Sources of Pollutants Subject to
Regulation

(Effective 08/13/2015)

Part I--Applicability

9VAC5-85-10. Applicability.

Part II--Federal (Title V) Operating Permit Actions

9VAC5-85-20. Federal (Title V) operating permit actions.
9VAC5-85-30. Definitions.

Part III--Prevention of Significant Deterioration Area Permit Actions

9VAC5-85-40. Prevention of Significant Deterioration Area permit
actions.
9VAC5-85-50. Definitions.

Part IV--State Operating Permit Actions

9VAC5-85-60. State operating permit actions.
9VAC5-85-70. Definitions.

Chapter 130--Open Burning

(Effective 07/15/2015)

Part I--General Provisions

9VAC5-130-10. Applicability.
9VAC5-130-20. Definitions.

Part II--Volatile Organic Compound Emissions Control Areas

9VAC5-130-30. Open burning prohibitions.
9VAC5-130-40. Permissible open burning.

Part III--Special Statewide Requirements for Forestry, Agricultural and
Highway Programs

9VAC5-130-50. Forest management, agricultural practices and highway
construction and maintenance programs.

Chapter 151--Transportation Conformity

(Effective 11/16/2016)

Part I--General Definitions

9VAC5-151-10. Definitions.

Part II--General Provisions

9VAC5-151-20. Applicability.
9VAC5-151-30. Authority of board and DEQ.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-151-40. General.
9VAC5-151-50. Designated provisions.
9VAC5-151-60. Word or phrase substitutions.
9VAC5-151-70. Consultation.

Chapter 160--General Conformity

(Effective 05/15/2017)

Part I--General Definitions

9VAC5-160-10. General.
9VAC5-160-20. Terms defined.

Part II--General Provisions

9VAC5-160-30. Applicability.
9VAC5-160-40. Authority of board and department.
9VAC5-160-80. Relationship of state regulations to federal
regulations.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-160-110. General.
9VAC5-160-120. Federal agency conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Reevaluation of conformity.
9VAC5-160-160. Criteria for determining conformity of general
federal actions.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
    (2) [Reserved]
* * * * *
[FR Doc. 2019-22704 Filed 10-18-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12484-12487]
[FR Doc No: 2012-4892]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0696-201202(a); FRL-9636-8]

Approval and Promulgation of Implementation Plans; Tennessee:
Prevention of Significant Deterioration; Greenhouse Gases--Automatic
Rescission Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve the State
Implementation Plan (SIP) revision submitted by the State of Tennessee,
through the Tennessee Department of Environmental Conservation (TDEC),
Air Pollution Control Division, to EPA on January 11, 2012, for the
purpose of amending the State's New Source Review (NSR) Prevention of
Significant Deterioration (PSD) regulations as they relate to
greenhouse gases (GHGs). Specifically, Tennessee amended its PSD
regulations to add automatic rescission provisions. These provisions
provide that in the event that the U.S. Court of Appeals for the DC
Circuit or the U.S. Supreme Court issues an order which would render
GHGs not subject to regulation under the Clean Air Act's PSD permitting
program, then GHGs shall not be subject to regulation under Tennessee's
PSD regulations as of the effective date of EPA's Federal Register
notice of vacatur. Further, the provisions provide that in the event
that there is a change to Federal law that supersedes regulation of
GHGs under the Clean Air Act's PSD permitting program, then GHGs shall
not be subject to regulation under Tennessee's PSD regulations as of
the effective date of the change in federal law. EPA took action to
approve the GHG Tailoring Rule PSD provisions into the Tennessee SIP in
a separate rulemaking. EPA is approving Tennessee's January 11, 2012,
SIP revision because the Agency has made the determination that this
SIP revision is not contrary to section 110 and part C of the Clean Air
Act (CAA or Act) or EPA regulations regarding PSD permitting for GHGs.

DATES: This direct final rule is effective April 30, 2012 without
further notice, unless EPA receives adverse comment by April 2, 2012.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2010-0696,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2010-0696,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2010-0696.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The 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 comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties

and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
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 www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Bradley can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Analysis of the Approvability of Tennessee's Automatic
Rescission Provisions
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On January 11, 2012, in response to EPA's GHG Tailoring Rule \1\
and earlier GHG-related EPA rules,\2\ TDEC submitted a final revision
to EPA for approval into the Tennessee SIP to establish appropriate
emission thresholds for determining which new or modified stationary
sources become subject to Tennessee's PSD permitting requirements for
GHG emissions.\3\ Specifically, Tennessee's January 11, 2012, SIP
revision included changes to TDEC's Air Quality Regulations, Chapter
1200-03-09-.01(4)--Construction and Operating Permits, Prevention of
Significant Deterioration, which became state-effective February 8,
2011. The changes to Chapter 1200-03-09-.01(4) addressed the thresholds
for GHG permitting applicability. In a rulemaking separate from today's
rulemaking, EPA took final action to approve TDEC's air quality
regulations impacting the regulation of GHG under Tennessee's PSD
program. Detailed background information and EPA's rationale for the
proposed approval of Tennessee's GHG regulations under the State's PSD
program are provided in EPA's November 5, 2010, Federal Register
notice. See 75 FR 68265.
---------------------------------------------------------------------------

    \1\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
    \2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009); ``Interpretation of Regulations that
Determine Pollutants Covered by Clean Air Act Permitting Programs.''
75 FR 17004 (April 2, 2010); and ``Light-Duty Vehicle Greenhouse Gas
Emission Standards and Corporate Average Fuel Economy Standards;
Final Rule.'' 75 FR 25324 (May 7, 2010).
    \3\ Tennessee's submittal also amends the State's title V
regulations at Chapter 1200-03-09-.02, to add rescission provisions,
however, title V regulations are not part of a state's federally
approved SIP. EPA is not taking action to approve Tennessee's title
V regulations at this time.
---------------------------------------------------------------------------

    Also on January 11, 2012, TDEC submitted a SIP revision (the
subject of today's rulemaking) to include changes to TDEC's air quality
regulations at Chapter 1200-03-09-.01(4)(b)46(i) to add automatic
rescission provisions related to EPA's GHG permitting requirements
(state effective November 27, 2011). EPA's analysis of the
approvability of Tennessee's automatic rescission provisions is
provided in section II of this rulemaking.

II. EPA's Analysis of the Approvability of Tennessee's Automatic
Rescission Provisions

    Tennessee's January 11, 2012, SIP submittal adds automatic
rescission provisions to the State's PSD regulations at Chapter 1200-
03-09. The automatic rescission provisions at Chapter 1200-03-
09-.01(4)(b)46(i) provide that in the event that the D.C. Circuit or
the U.S. Supreme Court issues an order which would render GHG emissions
not subject to regulation under the Clean Air Act's PSD permitting
program, then GHGs shall not be subject to regulation under Tennessee's
PSD regulations as of the effective date of the Federal Register notice
of vacatur. Further, the provisions provide that in the event that
there is a change to federal law that supersedes regulation of GHGs
under the Clean Air Act's PSD permitting program, then GHGs shall not
be subject to regulation under Tennessee's PSD regulations as of the
effective date of the change in Federal law.
    EPA has determined that Tennessee's automatic rescission provisions
are approvable. In assessing the approvability of these provisions, EPA
considered two key factors: (1) Whether the public will be given
reasonable notice of any change to the SIP that occurs as a result of
the automatic rescission provisions, and (2) whether any future change
to the SIP that occurs as a result of the automatic rescission
provisions would be consistent with EPA's interpretation of the effect
of the triggering action on Federal GHG permitting requirements. These
criteria are derived from the SIP revision procedures set forth in the
CAA and Federal regulations.
    Regarding public notice, CAA section 110(l) provides that any
revision to a SIP submitted by a State to EPA for approval ``shall be
adopted by such State after reasonable notice and public hearing.'' In
accordance with CAA section 110(l), TDEC followed applicable notice-
and-comment procedures prior to adopting the automatic rescission
provisions. Thus, the public is on notice that the automatic rescission
provisions approved into Tennessee's SIP by today's action will enable
the SIP to update automatically to reflect any order by the D.C.
Circuit or the U.S. Supreme Court or any change in federal law that
renders GHGs not subject to regulation under the Clean Air Act's PSD
permitting program. In addition, the automatic rescission provisions
provide that no change to the SIP as a result of an order by the D.C.
Circuit or the U.S. Supreme Court will occur until EPA publishes a
Federal Register notice of vacatur. Likewise, a change to federal law
that supersedes regulation of GHGs under the federal PSD program would
not affect Tennessee's SIP until the effective date of the federal law
change. Thus, the timing and extent of any future SIP change resulting
from Tennessee's automatic rescission provisions will be clear to both
the regulated community and the general public.
    EPA's consideration of whether any SIP change resulting from
Tennessee's automatic rescission provisions would be consistent with
EPA's interpretation of the effect of the triggering action on federal
GHG permitting requirements is based on 40 CFR 51.105. Under 40 CFR

51.105, ``[r]evisions of a plan, or any portion thereof, will not be
considered part of an applicable plan until such revisions have been
approved by the Administrator in accordance with this part.'' 40 CFR
51.105. To be consistent with 40 CFR 51.105, any automatic SIP change
resulting from a court order or federal law change must be consistent
with EPA's interpretation of the effect of such order or Federal law
change on GHG permitting requirements. EPA concludes that Tennessee's
rescission provisions include sufficient safeguards to ensure that any
resulting SIP change will be consistent with EPA's interpretation of
the effect of the triggering action on federal GHG permitting
requirements. Specifically, any automatic SIP change resulting from a
court order pursuant to Chapter 1200-03-09-.01(4)(b)46(i)(I) would
occur only after EPA's publication of a Federal Register notice of
vacatur. Likewise, with respect to the revocation of GHG permitting
requirements pursuant to Chapter 1200-03-09-.01(4)(b)46(i)(II)
following ``a change to Federal law that supersedes regulation of
GHGs'' under the CAA, EPA reads this provision to mean that Tennessee
will wait for and follow EPA's interpretation as to the impact of any
federal law change on Federal GHG permitting requirements before
changing its own application of Tennessee's SIP. In the event of a
court decision or Federal law change that triggers (or likely triggers)
application of Tennessee's automatic rescission provisions, EPA intends
to promptly describe the impact of the court decision or Federal law
change on the enforceability of its GHG permitting regulations.

III. Final Action

    EPA is taking direct final action to approve Tennessee's January
11, 2012, SIP revision to amend Tennessee's SIP-approved regulations to
adopt automatic rescission provisions at Chapter 1200-03-
09-.01(4)(b)46(i). Specifically, the provisions establish that GHGs
would not be subject to regulation under TDEC's PSD program in the
event that an order by the D.C. Circuit or the U.S. Supreme Court or a
change in Federal law renders GHGs not subject to regulation under the
CAA's PSD permitting program. EPA has made the determination that
Tennessee's January 11, 2012, SIP revision is approvable because it is
not contrary to section 110 and part C of the CAA or EPA regulations
regarding PSD permitting for GHGs.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comment be filed. This rule will be effective on April 30, 2012
without further notice unless the Agency receives adverse comment by
April 2, 2012.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on
April 30, 2012 and no further action will be taken on the proposed
rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 30, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the

proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. See CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Greenhouse gases,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: February 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator; Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart RR--Tennessee

0
2. Section 52.2220 (c) is amended under Table 1, Chapter 1200-3-9 by
revising the entry for ``Section 1200-3-9-.01'' to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA-Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Chapter 1200-3-9 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01...........  Construction            11/27/2011  3/1/2012 [Insert    EPA is approving
                                  Permits.                            citation of         Tennessee's May 28,
                                                                      publication].       2009 SIP revisions to
                                                                                Chapter 1200-3-9-.01
                                                                                with the exception of
                                                                                the ``baseline actual
                                                                                emissions''
                                                                                calculation revision
                                                                                found at 1200-3-9-.01
                                                                                (4)(b)45(i)(III),
                                                                                (4)(b)45(ii)(IV),
                                                                                (5)(b)1(xlvii)(I)(III)
                                                                                and
                                                                                (5)(b)1(xlvii)(II)(IV)
                                                                                of the submittal.

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

* * * * *
[FR Doc. 2012-4892 Filed 2-29-12; 8:45 am]
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[Federal Register: May 29, 2007 (Volume 72, Number 102)]
[Notices]
[Page 29493]
[DOCID:fr29my07-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP07-450-000]

National Fuel Gas Supply Corporation; Notice of Proposed Changes
in FERC Gas Tariff

May 21, 2007.
    Take notice that on May 15, 2007, National Fuel Gas Supply
Corporation (National Fuel) tendered for filing as part of its FERC Gas
Tariff, Fourth Revised Volume No. 1, the following tariff sheets, with
a proposed effective date of June 14, 2007.

Second Revised Sheet No. 1
First Revised Sheet No. 139
First Revised Sheet No. 140
First Revised Sheet No. 141
First Revised Sheet No. 147

    National Fuel states that the purpose of this filing is to
eliminate its two merchant service rate schedules--FMS and IMS--from
its tariff. National Fuel's occasional operational sales of gas are now
addressed by new GT&C section 40.
    National Fuel states that copies of this filing were served upon
its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10180 Filed 5-25-07; 8:45 am]

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