Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 27933 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

inquiry, call or email Mr. Scott K. 

Whalen, Marine Safety Unit Port Arthur, 

U.S. Coast Guard; telephone 409–719– 

5086, email: Scott.K.Whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

U.S.C. United States Code 

II. Background and Purpose 

In 1967, the Secretary of the Army 

transferred responsibility for certain 

functions, power, and duties to the 

Secretary of Transportation. Among the 

responsibilities transferred to the 

Secretary of Transportation was 

establishment and administration of 

water vessel anchorages. On December 

12, 1967, the regulations for the Sabine 

Pass Anchorage Ground were 

republished in 33 CFR part 110, without 

change, under this new authority (32 FR 

17726). The regulations for the Sabine 

Pass Channel Anchorage Ground in 

Sabine, TX are contained in 33 CFR 

110.196. 

The legal basis and authorities for this 

notice of inquiry are found in 33 U.S.C. 

471, 1221 through 1236; 33 CFR 1.05– 

1, and Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to propose, establish, and define 

regulatory anchorages. As reflected in 

title 33 CFR 109.05, the Commandant of 

the U.S. Coast Guard has delegated the 

authority to establish anchorage grounds 

to U.S. Coast Guard District 

Commanders. The Coast Guard is now 

requesting comments on considering a 

proposed rulemaking based on Sabine 

Pass LNG L.P.’s request for 

disestablishing the Sabine Pass 

Anchorage Ground, or if other actions, 

such as reducing the size of the 

anchorage, should also be considered. 

As discussed earlier, administration 

of the Sabine Pass Anchorage Ground 

was originally transferred to the Coast 

Guard in 1967. Under 33 CFR 110.196, 

the anchorage ground is ‘‘for the 

temporary use of vessels of all types, but 

especially for naval and merchant 

vessels awaiting weather and tidal 

conditions favorable to the resumption 

of their voyages.’’ In 2006, Cheniere 

Energy began construction of a liquefied 

natural gas terminal on the eastern 

waterfront of the Sabine Pass Channel, 

immediately north and adjacent to the 

Sabine Pass Channel Anchorage 

Ground. On October 3, 2006, the Coast 

Guard published a notice of proposed 

rulemaking proposing to reduce the area 

of the Sabine Pass Anchorage Ground by 

800 feet on the north end of the 

anchorage in order to reduce the risk of 

collision between anchored vessels and 

berthing and unberthing vessels at 

Cheniere’s terminal, as well as to reduce 

the risk of grounding by providing a 

larger maneuvering area for vessels 

calling Cheniere’s terminal (71 FR 

58330). Both comments we received 

during that rulemaking process 

supported the proposed reduction on 

the basis of enhancing navigation safety. 

One commenter noted that ‘‘the 

anchorage was infrequently used and 

would have minimal impact on the 

economy.’’ On January 5, 2007, the 

Coast Guard published the final rule 

reducing the overall size of the 

anchorage consistent with the proposal 

(72 FR 463). 

On November 8, 2017, we received a 

request from Sabine Pass LNG L.P. to 

disestablish the Sabine Pass Anchorage 

Ground in its entirety. The request 

states that the anchorage is rarely used 

and its disestablishment would not 

significantly impact vessels that use the 

area. A copy of this request is available 

in the docket where indicated under 

ADDRESSES. 

A review of Vessel Traffic Service 

transit reports shows that deep draft 

ships have not made use of this 

anchorage during the last decade. It is 

estimated that the anchorage area is 

utilized an average of 27 times each year 

by shallow draft vessels (for example, 

tows, dredges, and work boats) for 

shortening tow or for use as a staging 

area for local work projects such as 

dredging. 

III. Information Requested 

We seek your comments on whether 

we should consider a proposed 

rulemaking to disestablish or otherwise 

modify the Sabine Pass Anchorage 

Ground. In particular, the Coast Guard 

requests your input to determine if there 

remains a need for a regulated 

anchorage in this area, and if so, to what 

extent and for what purpose; if a 

reduction in size of the anchorage 

would meet current and anticipated 

industry needs; or if other options 

should be considered. Recent U.S. Army 

Corps of Engineers survey data of the 

anchorage is available in the docket 

where indicated under ADDRESSES. 

IV. Public Participation and Request for 

Comments 

We encourage you to submit 

comments through the Federal portal at 

http://www.regulations.gov. If your 

material cannot be submitted using 

http://www.regulations.gov, contact the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. In your 

submission, please include the docket 

number for this notice of inquiry and 

provide a reason for each suggestion or 

recommendation. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this notice 

of inquiry as being available in the 

docket, and all public comments, will 

be in our online docket at http://

www.regulations.gov and can be viewed 

by following that website’s instructions. 

Dated: June 12, 2018. 

Paul F. Thomas, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2018–12910 Filed 6–14–18; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Parts 265 and 266 

Production or Disclosure of Material or 

Information 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to amend its Freedom of Information 

Act (FOIA) and Privacy Act regulations. 

These changes would improve clarity, 

make technical corrections, and create a 

definition of ‘‘information of a 

commercial nature’’ as it pertains to the 

Postal Reorganization Act’s provisions 

concerning disclosure of information 

under the Freedom of Information Act. 

DATES: Comments must be received on 

or before July 16, 2018. 

ADDRESSES: Mail or deliver written 

comments to: Associate General Counsel 

and Chief Ethics & Compliance Officer, 

475 L’Enfant Plaza SW, Room 6000, 

Washington, DC 20260–1135. Email and 

faxed comments are not accepted. You 

may inspect and photocopy all written 

comments, by appointment only, at 

USPS® Headquarters Library, 475 

L’Enfant Plaza SW, 11th Floor North, 

Washington, DC 20260. These records 

are available for review on Monday 

through Friday, 9 a.m.–4 p.m., by 

calling 202–268–2904. 

FOR FURTHER INFORMATION CONTACT: 

Ruth B. Stevenson, Attorney, Federal 

Compliance, ruth.b.stevenson@usps.gov, 

202–268–6627. 


sradovich on DSK3GMQ082PROD with PROPOSALS
27934 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

SUPPLEMENTARY INFORMATION: The Postal 

Service proposes to amend 39 CFR part 

265 to make technical corrections to 

conform to the FOIA and to establish a 

definition of information of a 

commercial nature. The amendments to 

Sections 265.1 and 265.3 correct 

citations. The amendment to Section 

265.6 adds paragraph (e)(2) so as to 

conform to the FOIA Improvement Act 

of 2016. (130 Stat. 544). The amendment 

to Section 265.9 eliminates an internal 

cross reference to the CFR by stating the 

dollar amount to be charged by Postal 

Service personnel when reviewing 

records in response to a FOIA request. 

The amendments to Section 265.14 

establish a definition of ‘‘information of 

a commercial nature’’ to comply with 

applicable case law and to provide 

examples of the type of information that 

may be commercial in nature. Section 

265.14 is further amended to clarify that 

the Postal Service will release change of 

address information submitted by a 

business. It is further amended to limit 

the disclosure of change of address 

information submitted by domestic 

violence shelters. Finally, the Postal 

Service proposes to amend 39 CFR part 

266 to conform with Privacy Act 

provisions pertaining to disclosure of 

information and to define a court of 

competent jurisdiction. 

List of Subjects 

39 CFR Part 265 

Administrative practice and 

procedure, Courts, Freedom of 

information, Government employees. 

39 CFR Part 266 

Privacy. 

For the reasons stated in the 

preamble, the Postal Service proposes to 

amend 39 CFR chapter I as follows: 

PART 265—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

■ 1. The authority citation for part 265 

continues to read as follows: 

Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 

39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L. 

114–185. 

■ 2. Amend § 265.1 to revise paragraph 

(a)(1) to read as follows: 

§ 265.1 General provisions. 

(a) * * * 

(1) This subpart contains the 

regulations that implement the Freedom 

of Information Act (FOIA), 5 U.S.C. 552, 

insofar as the Act applies to the Postal 

Service. These rules should be read in 

conjunction with the text of the FOIA 

and the Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines published by the Office of 

Management and Budget (OMB 

Guidelines). The Postal Service FOIA 

Requester’s Guide, an easy-to-read guide 

for making Postal Service FOIA 

requests, is available at http://

about.usps.com/who-we-are/foia/ 

welcome.htm. 

* * * * * 

■ 3. Amend § 265.3 to revise paragraphs 

(d) and (e) to read as follows: 

§ 265.3 Procedure for submitting a FOIA 

request. 

* * * * * 

(d) First-party requests. A requester 

who is making a request for records 

about himself must provide verification 

of identity sufficient to satisfy the 

component as to his identity prior to 

release of the record. For Privacy Actprotected records, the requester must 

further comply with the procedures set 

forth in 39 CFR 266.5. 

(e) Third-party requests. Where a 

FOIA request seeks disclosure of records 

that pertain to a third party, a requester 

may receive greater access by submitting 

a written authorization signed by that 

individual authorizing disclosure of the 

records to the requester, or by 

submitting proof that the individual is 

deceased (e.g., a copy of a death 

certificate or an obituary). As an 

exercise of administrative discretion, 

each component can require a requester 

to supply a notarized authorization, a 

declaration, a completed Privacy Waiver 

as set forth in 39 CFR 266.5(b)(2)(iii), or 

other additional information if 

necessary in order to verify that a 

particular individual has consented to 

disclosure. 

* * * * * 

■ 4. Amend § 265.6 to add paragraph 

(e)(2) to read as follows: 

§ 265.6 Responses to requests. 

* * * * * 

(e) * * * 

(2) Any component invoking an 

exclusion must maintain an 

administrative record of the process of 

invocation and approval of exclusion by 

OIP. 

■ 5. Amend § 265.9 to revise paragraph 

(c)(3) to read as follows: 

§ 265.9 Fees. 

* * * * * 

(c) * * * 

(3) Review. Commercial-use 

requesters shall be charged review fees 

at the rate of $21.00 for each half hour 

by personnel reviewing the records. 

Review fees shall be assessed in 

connection with the initial review of the 

record, i.e., the review conducted by a 

component to determine whether an 

exemption applies to a particular record 

or portion of a record. No charge will be 

made for review at the administrative 

appeal stage of exemptions applied at 

the initial review stage. However, if a 

particular exemption is deemed to no 

longer apply, any costs associated with 

a component’s re-review of the records 

in order to consider the use of other 

exemptions may be assessed as review 

fees. 

* * * * * 

■ 6. Amend § 265.14 to revise 

paragraphs (b), (d)(1), and (d)(2) to read 

as follows: 

§ 265.14 Rules concerning specific 

categories of records. 

* * * * * 

(b) Information not subject to 

mandatory public disclosure. Certain 

types of information are exempt from 

mandatory disclosure under exemptions 

contained in the Freedom of 

Information Act and in 39 U.S.C. 410(c). 

The Postal Service will exercise its 

discretion, in accordance with the 

policy stated in § 265.1(c), as 

implemented by instructions issued by 

the Records Office with the approval of 

the General Counsel in determining 

whether the public interest is served by 

the inspection or copying of records that 

are: 

(1) Related solely to the internal 

personnel rules and practices of the 

Postal Service. 

(2) Trade secrets, or privileged or 

confidential commercial or financial 

information, obtained from any person. 

(3) Information of a commercial 

nature, including trade secrets, whether 

or not obtained from a person outside 

the Postal Service, which under good 

business practice would not be publicly 

disclosed. Information is of a 

commercial nature if it relates to 

commerce, trade, profit, or the Postal 

Service’s ability to conduct itself in a 

businesslike manner. 

(i) When assessing whether 

information is commercial in nature, the 

Postal Service will consider whether the 

information: 

(A) Relates to products or services 

subject to economic competition, 

including, but not limited to, 

‘‘competitive’’ products or services as 

defined in 39 U.S.C. 3631 and by 

regulations and decisions of the Postal 

Regulatory Commission, an inbound 

international service, or an outbound 

international service for which rates or 

service features are treated as nonpublic 

in regulatory filings; 

(B) Relates to the Postal Service’s 

activities that are analogous to a private 

business in the marketplace; 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 27935 

(C) Would be of potential benefit to 

individuals or entities in economic 

competition with the Postal Service, its 

customers, suppliers, affiliates, or 

business partners or could be used to 

cause harm to a commercial interest of 

the Postal Service, its customers, 

suppliers, affiliates, or business 

partners; 

(D) Is proprietary or includes 

conditions or protections on 

distribution and disclosure, is subject to 

a nondisclosure agreement, or a third 

party has otherwise expressed an 

interest in protecting such information 

from disclosure; 

(E) Is the result of negotiations, 

agreements, contracts or business deals 

between the Postal Service and a 

business entity; or 

(F) Relates primarily to the Postal 

Service’s governmental functions or its 

activities as a provider of basic public 

services. 

(ii) No one factor is determinative. 

Rather, each factor should be considered 

in conjunction with the other factors 

and the overall character of the 

particular information. Some examples 

of commercial information include, but 

are not limited to: 

(A) Information related to methods of 

handling valuable registered mail. 

(B) Records of money orders except as 

provided in Section 509.3 of the 

Domestic Mail Manual. 

(C) Technical information concerning 

postage meters and prototypes 

submitted for Postal Service approval 

prior to leasing to mailers. 

(D) Quantitative data, whether 

historical or current, reflecting the 

number of postage meters or PC postage 

accounts. 

(E) Reports of market surveys 

conducted by or under contract on 

behalf of the Postal Service. 

(F) Records indicating carrier or 

delivery lines of travel. 

(G) Information which, if publicly 

disclosed, could materially increase 

procurement costs. 

(H) Information which, if publicly 

disclosed, could compromise testing or 

examination materials. 

(I) Service performance data on 

competitive services. 

(J) Facility specific volume, revenue, 

and cost information. 

(K) Country-specific international 

mail volume and revenue data. 

(L) Non-public international volume, 

revenue and cost data. 

(M) Pricing and negotiated terms in 

bilateral arrangements with foreign 

postal operators. 

(N) Information identifying USPS 

business customers. 

(O) Financial information in or the 

identities of parties to Negotiated 

Service Agreements or Package 

Incentive Agreements. 

(P) Negotiated terms in contracts. 

(Q) Negotiated terms in leases. 

(R) Geolocation data. 

(S) Proprietary algorithms or software 

created by the Postal Service. 

(T) Sales performance goals, 

standards, or requirements. 

(U) Technical information or 

specifications concerning mail 

processing equipment. 

* * * * * 

(d) * * * 

(1) Change of address. The new 

address of any specific business or 

organization that has filed a permanent 

change of address order (by submitting 

PS Form 3575, a hand written order, or 

an electronically communicated order) 

will be furnished to any person upon 

request. If a domestic violence shelter 

has filed a letter on official letterhead 

from a domestic violence coalition 

stating: 

(i) That such domestic violence 

coalition meets the requirements of 42 

U.S.C. 10410; and 

(ii) That the organization filing the 

change of address is a domestic violence 

shelter, the new address shall not be 

released except pursuant to applicable 

routine uses. The new address of any 

individual or family that has filed a 

permanent or temporary change of 

address order will be furnished only in 

those circumstances stated at paragraph 

(d)(5) of this section. Disclosure will be 

limited to the address of the specifically 

identified individual about whom the 

information is requested (not other 

family members or individuals whose 

names may also appear on the change of 

address order). The Postal Service 

reserves the right not to disclose the 

address of an individual for the 

protection of the individual’s personal 

safety. Other information on PS Form 

3575 or copies of the form will not be 

furnished except in those circumstances 

stated at paragraphs (d)(5)(i), (d)(5)(iii), 

or (d)(5)(iv) of this section. 

(2) Name and address of permit 

holder. The name and address of the 

holder of a particular bulk mail permit, 

permit imprint or similar permit (but 

not including postage meter licenses), 

and the name of any person applying for 

a permit on behalf of a holder will be 

furnished to any person upon request. 

For the name and address of a postage 

meter license holder, see paragraph 

(d)(3) of this section. (Lists of permit 

holders may not be disclosed to 

members of the public. See paragraph 

(e)(1) of this section.) 

* * * * * 

PART 266—PRIVACY OF 

INFORMATION 

■ 7. The authority citation for part 266 

continues to read as follows: 

Authority: 5 U.S.C. 552a; 39 U.S.C. 401. 

■ 8. Amend § 266.3 to revise the 

introductory text of paragraph (a), 

paragraphs (a)(1)(iii) and (a)(3), (b)(1) 

introductory text, (b)(1)(i), (b)(1)(iii), 

(b)(2) introductory text, (b)(2)(iii), 

(b)(2)(xi), and the paragraph heading of 

(b)(5) to read as follows: 

§ 266.3 Collection and disclosure of 

information about individuals. 

(a) This section governs the collection 

of information about individuals, as 

defined in the Privacy Act of 1974, 

throughout the United States Postal 

Service and across its operations; 

* * * * * 

(3) The Postal Service will maintain 

no record describing how an individual 

exercises rights guaranteed by the First 

Amendment unless expressly 

authorized by statute or by the 

individual about whom the record is 

maintained or unless pertinent to and 

within the scope of an authorized law 

enforcement activity. 

* * * * * 

(b) * * * 

(1) Limitations. The Postal Service 

will not disclose information about an 

individual unless reasonable efforts 

have been made to assure that the 

information is accurate, complete, 

timely and relevant to the extent 

provided by the Privacy Act and unless: 

(i) The individual to whom the record 

pertains has requested in writing, or 

with the prior written consent of the 

individual to whom the record pertains, 

that the information be disclosed, unless 

the individual would not be entitled to 

access to the record under the Postal 

Reorganization Act, the Privacy Act, or 

other law; 

* * * * * 

(iii) The disclosure is in accordance 

with paragraph (b)(2) of this section. 

(2) Conditions of Disclosure. 

Disclosure of personal information 

maintained in a system of records may 

be made: 

* * * * * 

(iii) For a routine use as contained in 

the system of records notices published 

in the Federal Register; 

* * * * * 

(xi) Pursuant to the order of a court 

of competent jurisdiction. A court of 

competent jurisdiction is defined in 

Article III of the United States 

Constitution including, but not limited 

to any United States District Court, any 

United States or Federal Court of 


sradovich on DSK3GMQ082PROD with PROPOSALS
27936 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

Appeals, the United States Court of 

Federal Claims, and the United States 

Supreme Court. For purposes of this 

section, state courts are not courts of 

competent jurisdiction. 

* * * * * 

(5) Employment status. * * * 

* * * * * 

Ruth Stevenson, 

Attorney, Federal Compliance. 

[FR Doc. 2018–12858 Filed 6–14–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2018–0212; FRL–9978– 

97—Region 1] 

Air Plan Approval; Connecticut; 

Prevention of Significant Deterioration; 

Revisions to the Prevention of 

Significant Deterioration Greenhouse 

Gas Permitting Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Connecticut. This revision affects 

provisions applicable to greenhouse 

gases (GHGs) in the EPA’s Prevention of 

Significant Deterioration (PSD) permit 

program. Connecticut requested the 

revision in response to the June 23, 

2014, U.S. Supreme Court’s decision in 

Utility Air Regulatory Group (UARG) v. 

EPA and the April 10, 2015, Amended 

Judgment by the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) in Coalition for 

Responsible Regulation v. EPA. The 

intended effect of this action is to clarify 

that the State’s PSD rules do not require 

a source to obtain a permit solely 

because the source emits or has the 

potential to emit (PTE) GHGs: Above the 

PSD applicability thresholds for new 

major sources; or for which there is a 

significant emissions increase from a 

modification. This action is being taken 

under the Clean Air Act. 

DATES: Written comments must be 

received on or before July 16, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2018–0212 at 

www.regulations.gov, or via email to. 

For comments submitted at 

Regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

For either manner of submission, the 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. Publicly available docket 

materials are available at 

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. The EPA 

requests that if at all possible, you 

contact the contact 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 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, Air Permits, Toxics, and 

Indoor Programs Unit, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912, tel. 

(617) 918–1657, email dahl.donald@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background and Purpose 

II. EPA’s Review 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 28, 2018, the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP) 

submitted a revision to its State 

Implementation Plan (SIP) for the 

treatment of GHGs in the context of the 

PSD permit program under the Clean 

Air Act (CAA). The revision consists of 

removing the requirement that sources 

would have to obtain a PSD permit 

solely due to its GHG emissions, 

commonly known as ‘‘Step 2’’ sources. 

On January 2, 2011, GHG emissions 

were, for the first time, covered by the 

PSD and title V operating permit 

programs. See 75 FR 17004, (April 2, 

2010). To establish a process for phasing 

in the permitting requirements for 

stationary sources of GHGs under the 

CAA PSD and title V programs, on June 

3, 2010, the EPA published a final rule 

entitled ‘‘Prevention of Significant 

Deterioration and Title V Greenhouse 

Gas Tailoring Rule’’ (hereinafter referred 

to as the GHG Tailoring Rule). See 75 FR 

31514. In Step 1 of the GHG Tailoring 

Rule, which began on January 2, 2011, 

the EPA limited application of PSD and 

title V requirements to sources of GHG 

emissions only if they were subject to 

PSD or title V ‘‘anyway’’ due to their 

emissions of pollutants other than 

GHGs. These sources are referred to as 

‘‘anyway sources.’’ In Step 2 of the GHG 

Tailoring Rule, which applied as of July 

1, 2011, the PSD and title V permitting 

program requirements applied to some 

sources that were classified as major 

sources based solely on their GHG 

emissions or potential to emit GHGs. 

Step 2 also applied PSD permitting 

requirements to modifications of 

otherwise major sources that would 

increase only GHG emissions above the 

level in the EPA regulations. EPA 

generally described the sources covered 

by PSD during Step 2 of the GHG 

Tailoring Rule as ‘‘Step 2 sources’’ or 

‘‘GHG-only sources.’’ 

The United States Supreme Court 

invalidated the EPA’s regulation of Step 

2 sources in Utility Air Regulatory 

Group (UARG) v. EPA, 134 S Ct. 2427 

(2014). In accordance with that 

decision, the United States Court of 

Appeals for the District of Columbia 

Circuit vacated the federal regulations 

that implemented Step 2 of the GHG 

Tailoring Rule. See Coalition for 

Responsible Regulation, Inc. v. EPA, 606 

Fed. Appx. 6, 7 (D.C. Cir. 2015). 

Subsequently, the EPA removed the 

vacated elements from its rules. See 80 

FR 50199 (August 19, 2015). The EPA 

therefore has the authority to approve a 

state’s request to remove Step 2 sources 

from the SIP. 

II. EPA’s Review 

Section 110(l) of the CAA states that 

the EPA shall not approve a revision to 

the SIP if the revision would interfere 

with any applicable requirement 

concerning attainment (of the NAAQS) 


sradovich on DSK3GMQ082PROD with PROPOSALS